What is the tax structure and benefits for salaried person?

How is it possible for a person on Pension Credit to be paying £83 a week tax?

  • My friend is an elderly man, aged 64. For three or four years recently, he worked freelance, giving private tuition. Although he didn't make any profit, he at least created an alternative to claiming benefits. In the final tax year of his trading, he claimed unemployment benefit for 9 months and worked in an employed capacity for six weeks. Shortly before submitting his tax return, he became seriously ill and was admitted to hospital on an emergency basis. He was unable to submit his tax return on time. Later on, he found difficulty in completing the final tax return and, owing to the small sums involved, was unable to employ professional help. The Inland Revenue issued a tax determination against him, assessing his self-employed earnings at £11,000, with profits of over £2,000. He was unable to pay this and still had difficulty in completing his final tax return. The Inland Revenue had recourse to a debt collection agency which, after six months, eventually required him to pay the alleged arrears of over £2000. Payment was required within six months, according to the policy of the debt collection agency. Currently he is paying tax at £83 a week out of an income of £125. In order to make these payments, he has been without any form of heating all winter, suffering from a serious combination of flu and a succession of colds. These illnesses have been relatively severe and have prevented him from taking action to complete and submit his tax return, although this situation has now been rectified. He has been going without food to make these payments and meet other commitments. Although he has clearly been, to a certain extent, remiss in failing to complete his tax return, the following questions remain outstanding: 1) How is it possible for the Inland Revenue to issue a tax determination for such a large amount when it clearly has evidence on its files that the person in question has been unemployed for nine months and previously was operating at a loss? 2) Why is there no legal mechanism by which such assessments may be challenged? 3) How is it possible for a government agency to require such a punishing repayment schedule, when clearly government policy concerning the health of the elderly during the winter and sheer common sense and goodwill would make such action untenable? He will be submitting his completed tax return in person within the next few days. He is a fairly unassuming person, reluctant to press any awkward questions that his situation may give rise to. However, as a tax payer myself, I am concerned that I am being required to fund (by proxy, if you will) such action by a government agency against the more vulnerable members of our society. I am also concerned that, in the UK, there appears to be no constitutional limit to such powers and no opportunity to challenge such action before a properly constituted tribunal or court. Reply to BD: 1) Apologies if my terminology regarding 'operating at loss' was unclear. The earnings for the period in question were so low that no tax was paid. 2) I am certainly not questioning the determination or the power to make a determination. What I am concerned about is the size of the determination in this particular case; it appears to take no account of data which was in the possession of the Inland Revenue at the time. If you are saying that HMRC are free to levy a determination at whatever level they choose and that such an action cannot be challenged by process of law, I would have to disagree. Wide-ranging powers of such a nature would leave decision-making open to abuse on any number of grounds (racial, sexual, age discrimination; or simple bullying) without legal recourse. I don't think that can be right.

  • Answer:

    If people don't submit the facts, or tell HMRC when something is wrong, it's a bit much to blame them for not realising their error. There's an appeal mechanism. Help him to use it: http://www.hmrc.gov.uk/complaints-appeals/how-to-appeal/direct-tax.htm#2 He is well outside the usual 30 day period, but his illness should be sufficient reason to ensure HMRC will agreed to review his situation.

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If people don't submit the facts, or tell HMRC when something is wrong, it's a bit much to blame them for not realising their error. There's an appeal mechanism. Help him to use it: http://www.hmrc.gov.uk/complaints-appeals/how-to-appeal/direct-tax.htm#2 He is well outside the usual 30 day period, but his illness should be sufficient reason to ensure HMRC will agreed to review his situation.

Jo W

Your friend is only 64. He is not a pensioner, and many would not consider him to be particularly old. 1. HMRC makes a determination of the tax due where a person fails to submit a tax return. This is very reasonable since tax liabilities are established from returns. If there was no mechanism for HMRC to put a charge in place in the absence of a return, many people would not bother to file. You say your friend was clearly operating at a loss. What is clear is that he was operating at a profit because you said that working as a tutor was better than claiming benefits. If your friend would need to claim benefits if he wasn't working, then he was clearly getting income from working. 2. There is no need for a legal mechanism to challenge a determination. A determination is in place of a tax return and can be displaced by a tax return. As soon as your friend submits his return the tax shown as due will be replaced by the tax shown in his return. There is no need for a right to challenge an amount when you already have the right to change it. 3. Why should the rest of the taxpayers who pay tax on time, fund your friends reluctance to comply with his obligations. When he complies with his obligations, he will pay whatever tax is due. As a taxpayer you should be grateful for that. As a friend, if you are this concerned that you are paying, by proxy, for the cost of the collection process, why don't you pay his tax for him? That way, neither you nor the rest of the UKs diligent taxpayers are paying for your friend tardiness. I am sorry if this all sounds a little harsh, but blaming HMRC for something that can easily be rectified by doing what is required of you, and then looking for sympathy, sticks in my craw. We all have responsibilities, and as bad as HMRC is (you just need to look at some of the posts on here by one of their employees for examples of ignorance and incompetence), you cannot blame it for your friend's predicament. Send in the tax return, and everything will flow from there.

BD

The UK is a shithole.

Kunzy Strikes Back!

Simply put the solution is as follows: 1. It cannot continue this is appalling! HMRC are not ogres if the right people are spoken to 2. Get him make a much smaller voluntary payment 3. If he is paying something they will be lenient and bailiffs are prevented from action when it comes to vulnerable or elderly people 4. Contact Citizens advice bureau or any reputable debt agency or debt management company. They will write on his behalf and HMRC will generally play along with this.A private debt management company will take a percentage of anything offered but it will not alter what your friend pays monthly, though such a situation would mean he pays for longer, but because the CAB currently take a long time to see people such a route may be initially preferable for peace of mind quickly before changing later 5. If he has few assets and owes less than £15,000 he may even get a debt relief order (a cheaper version bankruptcy) an not have to pay anything - at his age he is unlikely to be worried about spoiling a credit record which is already downgraded simply because he is aged and retired anyway.

Dai

Communication is what is required here. filling in a tax return does not require professioanl help, my son and my husband are both self employed and do their tax returns themselves, they do it online- easily Why did he not phone them and ask for help, or ask a relative or friend for help, the forms are very straightforward, eg earnings, expenses, profit etc He can't expect HMRC to be mind readers, he should never have let it go to debt collection A simple letter to HMRC,.e-mail or phone call would have prevented all this hassle Do remember that if he was claiming benefits, many of them are classed as taxable income too, so benefits are added to earnings and that's the amount of money that is taxable, He can easily phone the debt collection agancy too, and ask for his payments to be staggered,but he needs to communicate with people and agencies rather than bury his head in the sand less his personal allowance off course

Jan409

Until the tax return is submitted no information has passed to HMRC. Complete and send in the damned return. Once the return is in the assessment will be adjusted. You have from 6 April to 31 January to send the return in - are you seriously saying he was incapable of basic paper work for ten months?

Petrusclavus

Your friend is only 64. He is not a pensioner, and many would not consider him to be particularly old. 1. HMRC makes a determination of the tax due where a person fails to submit a tax return. This is very reasonable since tax liabilities are established from returns. If there was no mechanism for HMRC to put a charge in place in the absence of a return, many people would not bother to file. You say your friend was clearly operating at a loss. What is clear is that he was operating at a profit because you said that working as a tutor was better than claiming benefits. If your friend would need to claim benefits if he wasn't working, then he was clearly getting income from working. 2. There is no need for a legal mechanism to challenge a determination. A determination is in place of a tax return and can be displaced by a tax return. As soon as your friend submits his return the tax shown as due will be replaced by the tax shown in his return. There is no need for a right to challenge an amount when you already have the right to change it. 3. Why should the rest of the taxpayers who pay tax on time, fund your friends reluctance to comply with his obligations. When he complies with his obligations, he will pay whatever tax is due. As a taxpayer you should be grateful for that. As a friend, if you are this concerned that you are paying, by proxy, for the cost of the collection process, why don't you pay his tax for him? That way, neither you nor the rest of the UKs diligent taxpayers are paying for your friend tardiness. I am sorry if this all sounds a little harsh, but blaming HMRC for something that can easily be rectified by doing what is required of you, and then looking for sympathy, sticks in my craw. We all have responsibilities, and as bad as HMRC is (you just need to look at some of the posts on here by one of their employees for examples of ignorance and incompetence), you cannot blame it for your friend's predicament. Send in the tax return, and everything will flow from there.

BD

Simply put the solution is as follows: 1. It cannot continue this is appalling! HMRC are not ogres if the right people are spoken to 2. Get him make a much smaller voluntary payment 3. If he is paying something they will be lenient and bailiffs are prevented from action when it comes to vulnerable or elderly people 4. Contact Citizens advice bureau or any reputable debt agency or debt management company. They will write on his behalf and HMRC will generally play along with this.A private debt management company will take a percentage of anything offered but it will not alter what your friend pays monthly, though such a situation would mean he pays for longer, but because the CAB currently take a long time to see people such a route may be initially preferable for peace of mind quickly before changing later 5. If he has few assets and owes less than £15,000 he may even get a debt relief order (a cheaper version bankruptcy) an not have to pay anything - at his age he is unlikely to be worried about spoiling a credit record which is already downgraded simply because he is aged and retired anyway.

Dai

Communication is what is required here. filling in a tax return does not require professioanl help, my son and my husband are both self employed and do their tax returns themselves, they do it online- easily Why did he not phone them and ask for help, or ask a relative or friend for help, the forms are very straightforward, eg earnings, expenses, profit etc He can't expect HMRC to be mind readers, he should never have let it go to debt collection A simple letter to HMRC,.e-mail or phone call would have prevented all this hassle Do remember that if he was claiming benefits, many of them are classed as taxable income too, so benefits are added to earnings and that's the amount of money that is taxable, He can easily phone the debt collection agancy too, and ask for his payments to be staggered,but he needs to communicate with people and agencies rather than bury his head in the sand less his personal allowance off course

Jan409

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