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UK Tax - Notice to file not received

UK Tax - Notice to file not received

Old Mar 7th 2014, 1:12 am
  #1  
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Default UK Tax - Notice to file not received

Good afternoon,

I lived and worked in Hungary for 2 years (Hungarian company) but have now been back in the UK for a few years.

Yesterday I received a fine from HMRC for unfiled self assessment. I have never been on self assessment and never received a notice to file. After speaking to someone at HMRC, it turns out that they have been sending notices and fines to an old address, which now total £2500. They could not confirm why the notice to file was necessary, as I had been resident abroad, and been on PAYE since returning to the UK. The fines relate to the tax year I returned to the UK, and the following tax year. The person I spoke to instructed me to write in the challenge the fines and ask for the notice to file to be withdrawn.

Does anyone else have any advice because this is quite worrying for me.

Thanks
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Old Mar 7th 2014, 3:04 am
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Default Re: UK Tax - Notice to file not received

You should write to HMRC setting out your full circumstances - be very specific but keep it as simple as you can - and residency position for the years concerned and asking them to explain why they have sent you a notice to file. Specifically ask them under which piece of legislation they have asked you to file as they cannot just ask you to file a return because they feel like it. Mark the letter "for the attention of a technical Inspector" and you stand a better chance of a detailed response.

It will help a great deal if you provided them with your new address when you moved and can demonstrate that. If you moved overseas, didn't tell them and had a reason to file a return then your position is weak. It will help you if you submit any outstanding returns as soon as possible.

I also suggest that you are humble and plead your case sensibly rather than getting indignant - at least until you know your full situation.

Once you know exactly what you are dealing with, and why, it is easier to assess the position.

Best of luck.
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Old Mar 7th 2014, 3:14 am
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Default Re: UK Tax - Notice to file not received

Originally Posted by rammy100
You should write to HMRC setting out your full circumstances - be very specific but keep it as simple as you can - and residency position for the years concerned and asking them to explain why they have sent you a notice to file. Specifically ask them under which piece of legislation they have asked you to file as they cannot just ask you to file a return because they feel like it. Mark the letter "for the attention of a technical Inspector" and you stand a better chance of a detailed response.

It will help a great deal if you provided them with your new address when you moved and can demonstrate that. If you moved overseas, didn't tell them and had a reason to file a return then your position is weak. It will help you if you submit any outstanding returns as soon as possible.

I also suggest that you are humble and plead your case sensibly rather than getting indignant - at least until you know your full situation.

Once you know exactly what you are dealing with, and why, it is easier to assess the position.

Best of luck.

Thanks for the reply. I sent HMRC emails when I moved to Hungary and asked about the tax situation - I still have records of these emails, complete with names, dates and reference number. I also contacted student loans to arrange repayment while abroad. I am referencing all of this in my letter.

Unfortunately I did not give them my new address when I moved house...
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Old Mar 7th 2014, 3:37 am
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Default Re: UK Tax - Notice to file not received

As a rule of thumb, HMRC doesn't communicate by email for security purposes so I'm surprised they have dealt with you this way and whilst it collects student loans on behalf of the SL agency, they are not really joined up and you should have notified both parties of your new address.

However, it is probably in your interest to plead ignorance to these issues (as in fact it seems you were not aware of the position) and just explain what you have done and if you had any response to your emails and they have communicated electronically, all the better. Just set out your case, ask HMRC to explain its own position and hope that your letter falls into sympathetic hands. One step at a time I think.
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Old Mar 11th 2014, 6:10 pm
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Default Re: UK Tax - Notice to file not received

Excellent responses from Rammy.
A further point to make in your innocence is that you have been paying PAYE since your return, presumably with a tax code other than an emergency one and therefore there is a presumption that HMRC know who you are, where you live and can link their previous files to you. They should by now have been seeking their fines and penalties from the correct address.
Good luck but keep cool, naïve and very pleasant and they will probably help you.
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