Council Tax
Apr 15th 2005, 6:38 am
#1
The Godfather
Thread Starter
Joined: Feb 2004
Location: South East Suburbs of Melbourne
Posts: 7,336
Council Tax
Almost 6 years after moving to Melbourne I got a letter from Scottish Borders Council today saying I owed 53 pounds in unpaid council tax. 
Now I didn't run away from the country leaving loads of debt, as far as I was concerned my dues were all paid. Ive e mailed them asking for dates of when the tax was unpaid.
Am I within my rights after nearly 6 years to tell them to shove it up there a*** ?
Now I didn't run away from the country leaving loads of debt, as far as I was concerned my dues were all paid. Ive e mailed them asking for dates of when the tax was unpaid.
Am I within my rights after nearly 6 years to tell them to shove it up there a*** ?
Apr 15th 2005, 6:41 am
#2
BE Enthusiast
Joined: Jul 2004
Location: The hills, Perth WA
Posts: 589
Re: Council Tax
Originally Posted by Bordy
Almost 6 years after moving to Melbourne I got a letter from Scottish Borders Council today saying I owed 53 pounds in unpaid council tax.
Now I didn't run away from the country leaving loads of debt, as far as I was concerned my dues were all paid. Ive e mailed them asking for dates of when the tax was unpaid.
Am I within my rights after nearly 6 years to tell them to shove it up there a*** ?
Now I didn't run away from the country leaving loads of debt, as far as I was concerned my dues were all paid. Ive e mailed them asking for dates of when the tax was unpaid.
Am I within my rights after nearly 6 years to tell them to shove it up there a*** ?
Jeez, now that is really scraping the barrel. Have they nae money left !!!
Apr 15th 2005, 6:42 am
#3
Joined: Dec 2003
Posts: 7,834
Re: Council Tax
Originally Posted by Bordy
Almost 6 years after moving to Melbourne I got a letter from Scottish Borders Council today saying I owed 53 pounds in unpaid council tax.
Now I didn't run away from the country leaving loads of debt, as far as I was concerned my dues were all paid. Ive e mailed them asking for dates of when the tax was unpaid.
Am I within my rights after nearly 6 years to tell them to shove it up there a*** ?
Now I didn't run away from the country leaving loads of debt, as far as I was concerned my dues were all paid. Ive e mailed them asking for dates of when the tax was unpaid.
Am I within my rights after nearly 6 years to tell them to shove it up there a*** ?
Apr 15th 2005, 6:43 am
#4
Joined: Dec 2003
Posts: 7,834
Re: Council Tax
hey mate maybes its fae that time ye spent in the fields way the sheep...lmao did u really think u would get off payin council tax fir that
Apr 15th 2005, 6:44 am
#5
I am not the Messiah!
Joined: Aug 2004
Location: Cairns
Posts: 1,273
Re: Council Tax
Originally Posted by Bordy
Almost 6 years after moving to Melbourne I got a letter from Scottish Borders Council today saying I owed 53 pounds in unpaid council tax.
Now I didn't run away from the country leaving loads of debt, as far as I was concerned my dues were all paid. Ive e mailed them asking for dates of when the tax was unpaid.
Am I within my rights after nearly 6 years to tell them to shove it up there a*** ?
Now I didn't run away from the country leaving loads of debt, as far as I was concerned my dues were all paid. Ive e mailed them asking for dates of when the tax was unpaid.
Am I within my rights after nearly 6 years to tell them to shove it up there a*** ?
Mind you, they probably would eh!
R.
Apr 15th 2005, 6:55 am
#6
Y Ddraig Goch
Joined: Aug 2002
Location: Body is in Brissie. Heart and soul has long flown home.
Posts: 3,722
Re: Council Tax
Originally Posted by Bordy
Am I within my rights after nearly 6 years to tell them to shove it up there a*** ?
the inland revenue, and council's with their tax etc - there is no time limit when they can claim off you.
I know this as when I upped and left I had not paid all my poll tax , they had just started taking it out of my wages a sI refused to pay them lol (poll tax days), and wrote a letter to them telling them I was b*ggering off - and go sing for their money in so many words ( not because I couldn't afford it , because I was one of those who did take a stand on the poll tax).
If they ever catch up with me they can take me to court, and claim the money off me with interest too - ahh b*gger them
There is no time limit for them to sue you, time limits are for us normal people - governments and councils - NO , who do they think they are eh?
Apr 15th 2005, 7:09 am
#7
BE Enthusiast
Joined: Aug 2004
Location: Perth
Posts: 516
Re: Council Tax
Originally Posted by Ceri
no lol
the inland revenue, and council's with their tax etc - there is no time limit when they can claim off you.
I know this as when I upped and left I had not paid all my poll tax , they had just started taking it out of my wages a sI refused to pay them lol (poll tax days), and wrote a letter to them telling them I was b*ggering off - and go sing for their money in so many words ( not because I couldn't afford it , because I was one of those who did take a stand on the poll tax).
If they ever catch up with me they can take me to court, and claim the money off me with interest too - ahh b*gger them
There is no time limit for them to sue you, time limits are for us normal people - governments and councils - NO , who do they think they are eh?
the inland revenue, and council's with their tax etc - there is no time limit when they can claim off you.
I know this as when I upped and left I had not paid all my poll tax , they had just started taking it out of my wages a sI refused to pay them lol (poll tax days), and wrote a letter to them telling them I was b*ggering off - and go sing for their money in so many words ( not because I couldn't afford it , because I was one of those who did take a stand on the poll tax).
If they ever catch up with me they can take me to court, and claim the money off me with interest too - ahh b*gger them
There is no time limit for them to sue you, time limits are for us normal people - governments and councils - NO , who do they think they are eh?
There is certainly a time limit by the Inland revenue for collecting Taxes, which is 6 years. After that they cannot chase you. regarding Council Tax, i have no Idea.
Personally i would tell them to poke it where the sun does not shine. I don't think they will chase you in Australia for such a small amount of money, as this would cost far more than the debt is worth. Ask them for detailed proof and explain you are in Aus. They will soon forget about the problem.
Apr 15th 2005, 7:15 am
#8
Y Ddraig Goch
Joined: Aug 2002
Location: Body is in Brissie. Heart and soul has long flown home.
Posts: 3,722
Re: Council Tax
Originally Posted by chr1sarter
There is certainly a time limit by the Inland revenue for collecting Taxes, which is 6 years. After that they cannot chase you. regarding Council Tax, i have no Idea.
Personally i would tell them to poke it where the sun does not shine. I don't think they will chase you in Australia for such a small amount of money, as this would cost far more than the debt is worth. Ask them for detailed proof and explain you are in Aus. They will soon forget about the problem.
Personally i would tell them to poke it where the sun does not shine. I don't think they will chase you in Australia for such a small amount of money, as this would cost far more than the debt is worth. Ask them for detailed proof and explain you are in Aus. They will soon forget about the problem.
I was always led to believe the inland revenue can claim unpaid taxes off you years down the track, and there is no time limit
Asking this because I would owe quite a bit in a few tax things to the old revenue
cheers
Last edited by Ceri; Apr 15th 2005 at 7:19 am.
Apr 15th 2005, 7:33 am
#9
Y Ddraig Goch
Joined: Aug 2002
Location: Body is in Brissie. Heart and soul has long flown home.
Posts: 3,722
Re: Council Tax
if you mean this what google pulls up - read it carefully it i says 6 years for "indviduals" and companies etc to claim off the old revenue
http://www.paypershop.com/news-cat/inctax-specific.html
Recovery of overpaid tax
The decision of the High Court on 18 July 2003 in the case of Deutsche Morgan Grenfell Group Plc v. The Commissioners of Inland Revenue and HM Attorney General has prompted the Government to introduce changes to tax law in the Finance Bill 2004. The issues raised by this case affect the right of individuals and companies to seek the repayment of overpaid tax.
Deutsche Morgan Grenfell (DMG) had made three payments of advance corporation tax (ACT), the earliest in 1993. Subsequently, the law governing payment of ACT was changed by a decision of the European Court of Justice (ECJ) in 2001, thereby allowing companies to seek repayment of overpaid ACT. However, under the provisions of the Limitation Act 1980, an action founded on tort or on simple contract may not be brought after a period of six years counting from the date when the cause of the action occurred. However, in the case of an action based on the consequences of a mistake, the six-year limitation period applies from the discovery of the mistake. By making their claim on the grounds of common law, DMG were able to argue that the six year limitation period started in 2001 when the EJC made its decision.
The High Court agreed that a claim may be made for restitution of money paid under a mistake of law. The 1998 decision of the House of Lords in case of Kleinwort Benson Ltd v. Lincoln City Council overturned the previous general rule that overpayments due to a mistake of law could not be recovered. The High Court also ruled that it made no difference that the claim for restitution was in regard to an overpayment of taxes. The decision was given in favour of DMG.
The implications of this decision are that
an overpayment due to a mistake could be discovered many years in the future and an action could be taken to recover the overpayment within six years of that discovery.
current understanding of tax law could be overturned by a court decision at some time in the future, leaving it open for taxpayers to argue that their payments made under the previous understanding were made under a mistake of law and therefore recoverable.
As the DMG decision leaves tax revenues vulnerable to such situations, the Inland Revenue is appealing the decision of the High Court. However, irrespective of the outcome of the appeal, the Government has announced that it will introduce changes to legislation in the Finance Bill 2004 so that the six-year time limit counting from the discovery of the error does not apply to a mistake of law relating to a taxation matter. The change will apply retrospectively to any claims brought under a mistake of law from 8 September 2003 onwards.
The overall effect of this change in legislation is that taxpayers, individuals or companies, will continue to be able to claim reimbursement of overpaid tax within six years
cheers
I haven't got time to look right through the official inland revenue website http://www.inlandrevenue.gov.uk/ at the moment , I'm off home - but will have a good look later for it - I'm sure there is no time limit they , the inland revenue can sue you by for unpaid taxes, only a time limit for us to get money off them. Great if it is though - I will have a good look later
http://www.paypershop.com/news-cat/inctax-specific.html
Recovery of overpaid tax
The decision of the High Court on 18 July 2003 in the case of Deutsche Morgan Grenfell Group Plc v. The Commissioners of Inland Revenue and HM Attorney General has prompted the Government to introduce changes to tax law in the Finance Bill 2004. The issues raised by this case affect the right of individuals and companies to seek the repayment of overpaid tax.
Deutsche Morgan Grenfell (DMG) had made three payments of advance corporation tax (ACT), the earliest in 1993. Subsequently, the law governing payment of ACT was changed by a decision of the European Court of Justice (ECJ) in 2001, thereby allowing companies to seek repayment of overpaid ACT. However, under the provisions of the Limitation Act 1980, an action founded on tort or on simple contract may not be brought after a period of six years counting from the date when the cause of the action occurred. However, in the case of an action based on the consequences of a mistake, the six-year limitation period applies from the discovery of the mistake. By making their claim on the grounds of common law, DMG were able to argue that the six year limitation period started in 2001 when the EJC made its decision.
The High Court agreed that a claim may be made for restitution of money paid under a mistake of law. The 1998 decision of the House of Lords in case of Kleinwort Benson Ltd v. Lincoln City Council overturned the previous general rule that overpayments due to a mistake of law could not be recovered. The High Court also ruled that it made no difference that the claim for restitution was in regard to an overpayment of taxes. The decision was given in favour of DMG.
The implications of this decision are that
an overpayment due to a mistake could be discovered many years in the future and an action could be taken to recover the overpayment within six years of that discovery.
current understanding of tax law could be overturned by a court decision at some time in the future, leaving it open for taxpayers to argue that their payments made under the previous understanding were made under a mistake of law and therefore recoverable.
As the DMG decision leaves tax revenues vulnerable to such situations, the Inland Revenue is appealing the decision of the High Court. However, irrespective of the outcome of the appeal, the Government has announced that it will introduce changes to legislation in the Finance Bill 2004 so that the six-year time limit counting from the discovery of the error does not apply to a mistake of law relating to a taxation matter. The change will apply retrospectively to any claims brought under a mistake of law from 8 September 2003 onwards.
The overall effect of this change in legislation is that taxpayers, individuals or companies, will continue to be able to claim reimbursement of overpaid tax within six years
cheers
I haven't got time to look right through the official inland revenue website http://www.inlandrevenue.gov.uk/ at the moment , I'm off home - but will have a good look later for it - I'm sure there is no time limit they , the inland revenue can sue you by for unpaid taxes, only a time limit for us to get money off them. Great if it is though - I will have a good look later
Last edited by Ceri; Apr 15th 2005 at 7:41 am.
Apr 15th 2005, 7:44 am
#10
BE Enthusiast
Joined: Aug 2004
Location: Perth
Posts: 516
Re: Council Tax
Geri,
Your quote mentioned claiming over paid taxes back, not tax office pursuing you for un-paid taxes. My accountant told me of the 6 year rule for the Tax office to pursue you for un-paid taxes. I may be wrong.
Your quote mentioned claiming over paid taxes back, not tax office pursuing you for un-paid taxes. My accountant told me of the 6 year rule for the Tax office to pursue you for un-paid taxes. I may be wrong.
