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s29 TMA - discovery on missing P14 from tax return

s29 TMA - discovery on missing P14 from tax return

Received a letter from HMRC this week regarding 12/13.

Pension income omitted. It was a new source of income. I just filed 13/14 and 14/15 with the P60 income provided by client but didn't ask when this started - ie12/13 as it might appear.

The letter is not an enquiry or a discovery, but just a letter stating "income per you, income per us, tax due on difference" etc.

Can HMRC raise a discovery regarding just P14 info. Surely they had this info from the pension company "on time" ie by Jan 2015.  I refer to SAM20010.

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26th Feb 2016 14:05

Well, as has been pointed out before, this is information from a third party so not known as part of the individual's SA submission. Your client may be best advised to pay up since you are now admitting that the ommission was deliberate as your client clearly knew about it so could be assessed to penalties if HMRC wished to.

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26th Feb 2016 14:12

Thank you. I'm not saying anything was deliberate. I was just saying that perhaps I could have asked, on receipt of a P60 for 13/14 for the first time with that pension income, whether it started in 12/13?

I haven't spoken to my client yet.

 

What do you mean by "info from a third party so not known.........". Yes not known to me. And client - it appears - has not sent P60 despite being very consciousness regarding all matters.

I am asking whether HMRC can discover given that the P14 info would presumably have been with them by Spring 2013? Certainly before Jan 2015.

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26th Feb 2016 14:23

Not the same facts exactly

but a Pension entered incorrectly for 12-13 and he was left with a 15% careless penalty that the FTT did not disagree with - TC04881: JOHN GRAHAM

I'd agree with Tim that the fact that HMRC had the P14 info is neither here nor there. Looks like you / the client should acceptthe correction and expect a penalty in the 15-30% range, so be prepared for mitigation as far as possible. Arguing the toss is likely to leave them at the top end.

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26th Feb 2016 14:32


Thank you.

I'm not arguing the toss. Just thought it my/our job to check the rules.

I shall call client...

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26th Feb 2016 14:37

Poor choice of words perhaps

but it seems likely that if you are going to be into mitigating penalties then holding hands up to a clear error and providing assistance to correct will help in the negotiation

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26th Feb 2016 14:43

Cheers. My normal and indeed gut feel was "they've had the money so pay the tax" and was what I always thought when we had all that fun with ESC A19 and P14 a few years ago.

But this week I read an article about negligence from advisers not checking the legality of HMRC letters (although that was a lack of stating s9A etc).

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