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Has anyone had success in getting arrears due to the PAYE coding errors written off?

Has anyone had any luck with getting PAYE liabilities arising from the coding debacle written off. I have three people, that I am working for pro bono, where I am trying to get their liabilities written off. My initial approach was using ESC A19, but HMRC have turned it down.

Strictly they are correct as they have 12 months from the end of the tax year in which they receive the information to respond. So P35s for 2008/09 received by HMRC from the employers in 2009/10 demonstrating that the tax code was incorrect, gives them until 5 April 2011 to issue a demand. Most of the demands were issued in Nov/Dec 2010.

Has anyone had any success with ESC A19 or any other approach. Suggestions gratefully received.

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By Monsoon
12th Apr 2011 13:52

Yes, lots of success.

They often only succeed on appeal (usually reject in the first instance), so you need to complain.

Details here, including templates for claims and complaints

http://www.ukbusinessforums.co.uk/forums/showthread.php?t=198134

 

 

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13th Apr 2011 20:34

Using ESC A19 for non collection of tax after HMRC has full fact

My last attempt using ESC A19 started some 2 and ½ years ago. This was a freebee, for my son. As a serving fire-fighter and part time semi pro footballer, there were missing allowances, fixed and travel. So “I” made a six year claim, in 2 of the prior years, he had worked on a casual basis for a company who had employed him as a student some time previously and therefore reintroduced him on the payroll on the week 1 basis as in his student days. No P46 given to fill in. So giving an under payment of tax. HMRC gave the allowances but still left him with a £600 + bill collected through PAYE. Of course he was not happy. It took 18 months to get it back.

Tactics used by HMRC, move the paperwork from one tax office to another (4) in total. Always write, “nobody to answer calls with knowledge” only sending last year of tax cal’s sheet, underpayment in b/f figure. Losing 64-8 when moving from one office to another. Correspondence sent to me could not be checked as it was during the new computer system being introduced. In the end got it, hard fought.

My question is why 12 months grace for the revenue as I always assumed reasonable time should be the norm? I have now stated what I think is reasonable? What I have found is it is usually a P11D entry which has triggered a reconciliation calculation. I am working on three at the moment from this source. In any other walk of life where services are given, most small claims and county court claims are nearly always successful when the time limits of 6 months are attained after a trigger date. All 3 claims have been submitted in the last 3 months, no response as yet on any. Does anyone have an answer for this catch 22 situation. 64-8 is obviously with the letter, so can’t ring to ask when it will be dealt with as they won’t talk with you as there is no processed  64-8.

 

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