Annoying - Over-repayments & Time Wasting - Can HMRC be billed?

Annoying - Over-repayments & Time Wasting - Can...

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I'm looking for advice as to billing HMRC.

A client of mine submitted his first SA100 in 2009/10 carrying back losses to 2006/07 under s74.

A refund of around £3,300 was due and after much chasing and deliberation about the "Bristol" repayment-holding office, this was repaid.

Months later, a further cheque for the same amount appeared - very nice. But being the good little tax payer and accountant duo that we are we returned the cheque with an explaining letter. 

This was returned on 09/02/2011 and has still not been logged as received.

This week, a further £1,300 has been repaid. Apparently relating to a PAYE Overdeduction in 2009/10 (which was already dealt with in the 2009/10 SA100) and the same in 2007/08.

The 2009/10 is simply another over-repayment.

The 2007/08 element arises because HMRC's records are evidently wrong. They have income at £5.7k; P60 shows £18k; P60 is electronically generatted and the employer is reputable so I trust that the correct submission was made.

I now have problems:

  1. HMRC are wasting my time and the client's time in returning overpaid cheques.
  2. No HMRC call centre staff seem bothered at the fact HMRC can simply write out cheques on a whim, twice.
  3. The client's payment record is possibly not intact and correct at HMRC end.
  4. Implications for client's NIC record.

I don't feel it is fair to bill the client. I don't feel it is fair not to be compensated for HMRC's consistent blunders.

How can I bill them?

Any help would be greatly appreciated.

Kind regards,

Chris

EDIT: I should also add that the "extra" repayments are not logged on the client's SA Account per our online services - it is as if the client could simply walk away with the money; worrying!

Replies (1)

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By JCresswellTax
28th Mar 2011 08:57

Yes, you can

I have done this before and received a nice little cheque from HMRC.

You first of all have to sort this mess out.  Keep a note of your time as HMRC like to see a detailed breakdown.

You then have to raise a fee to your client and once the client has paid the fee, send in a compensation claim to HMRC.

The claim should include:

1.  The details re the additional work involved and time sorting it out.

2.  A copy of the fee note (stamped as paid if possible) issued to your client

3.  A detailed list of your time for the work involved

If this is a genuine set of errors from HMRC (which it sounds like it is) then they will issue your client with a cheque, reimbursing them for the cost of your invoice.

It takes time for HMRC to action (as everthing does!) but it works and well worth the effort.

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