CIS refund

CIS refund

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 I had a new client come to me last year who due to mental illness had not worked for a couple of years and had not sent in tax returns from 2005-06. I completed his tax returns and sent them to HMRC, and this was done after 5th April 2010. The client has received his CIS refund for 2006-07, but HMRC are saying the time limit for dealing with the 2005-06 return had expired and thus no further action will be taken, despite my client having overpaid the tax owed by some £1,400. HMRC have received copies of all CIS25's showing the tax stopped at source.

Has anyone any advice on how I might be able to get back £1,400 for my client. In my view we accept the tax return was very late, but for HMRC to hold onto £3,200 against a tax bill of £1,800 is tantamount to state approved theft.

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