State pensioner taxpayers
Submitted a 2010-11 tax return for a State Pensioner client.
A few weeks later a 'Correction' assessment was raised by HMRC. They had increased the state pension figure by some £500, and thus demanded a further £100 tax.
Checked with my client and the normal Pension letter from the Pensions Agency. The original tax return was correct.
Rang HMRC, was told ' the pensions agency must have given us the wrong figure'. They said my client must provide HMRC with 'proof' that his SA return showed the correct figure.
We did so, and HMRC have now revised the tax return to agree with our original submission
Our complaint received the usual bizarre response. 'We followed our procedures and did not make a mistake' etc. No apology.
How many other pensioners have been similarly over assessed, assuming this is not an isolated case? My client said he would have paid the extra tax, if I had not queried the amendment. I am awaiting a reply from HMRC....
Normal Pension letter from the Pensions Agency.
Point of information please: what is this 'letter'? I have never seen one. I always work off of the Notice of Coding.As an IFA,I do lots of estate admin, and it is difficult to work out how much the deceased has received in state pension.
P60s
Why can't P60s be issued for every pensioner who has been asked to complete a tax return and any pensioner who requests one?
Pensions Agency letter.....
...is usually sent to pensioner in late February or early March detailing the amount to be paid weekly after 5 April in the forthcoming year.
I also note that the HMRC website now sometimes includes State Pension on the "Information to help complete your tax return" link. However I don't know if it's always right.
Who else is at work today????????
Warning notice
It would be good if the form has the same information as the P60s have about it being an important document and should be retained to help with a tax return.
P60 for State Pension
P60s are one way. But to save costs why can't the P60 info be included on the letter sent out in March advising on the next year's weekly pension payments.
It seems just another problem with Central Government not being joined up... Mr Cameron your intervention is needed.
Can't send a P60 early
With pensions I would think that the death of a pensioner before the year end would be a worry.
Not an ideal solution, but ...
The action by HMRC is undertaken under the authority of S.9ZB TMA 1970, That section has within it an option to the taxpayer formally to resile from the HMRC amendment which, if done within the statutory 30 day time limit, provides HMRC with no powers to do anything other than to restore the SA return to its original state and then, if they so wish, raise an enquiry into the return under s,9A TMA 1970. At that point, of course, the burden of responsibility is indeed on the taxpayer to demonstrate that the tax return is correct. However, for them to insist on the taxpayer providing proof without issuing a s.9A notice is cutting corners without authority.
If they have any sense (yes, I know ...) then the fact that the taxpayer has resiled from the revision might just give them pause to wonder at the accuracy of the information from which they have issued the amendment and then to consider the time, effort and resources that would be devoted to a s.9A enquiry for the sake of £100 tax.
With kind regards
Clint Westwood
State pension
The 'normal letter' is the form BR5899 sent out to pensioners unsually in February each year, showing what benefits will be paid in the following tax year.. This is not much use in the case of a pensioner who dies part way through the year.
It is instead possible to get statements from them by tax year. You can ring the Pension Service on 0845 6060265. I'm not sure what formalities they will require in order to release details to an agent
Common errors
Anna the most common errors are where state pension is first received, HMRC have I notice assessed 52 weeks in the past for the first year.
Another client error is asuming state pension is paid monthly (12) rather than 4 weekly (13).
@ Anna
I would never take the coding notice as HMRC only ever get the starting figure - and no annual updates or totals.
Ask to see the May or June bank statement - it will have the four weekly figure for that year.
The increase is applied from around the 10th of the month so one week old rate 51 of new is the amount received. It has been common practice on the past when reporting to just use 13x the figure as the difference is not usually more than a pound or two!
Thanks for your advice Clint;
Thanks for your advice Clint; I was not aware of the option to resile and will definitelty do that next time
Ascertaining the State Pension
Oppco is right about phoning DWP to get the informatioon - this used to work well, but they no longer recognise 64-8 agent authorisation, and will only release the information if they have received prior written approval from the pensioner, and this has to be renewed every year. This is disappointing, as it was a very useful source of information for getting information correct for self assessment returns.
State pensioner client
So, how would they have collected the +£100if you had filed their letter WPB?
The Correct Amount of State Pension
I wonder if any one else has found the benefit of using the website
which allows members to state the correct amount of State Pension received, which means that PAYE Coding has to be adjusted which means that underpayments should be reduced. There is the added bonus that any failure to change the Code Number will make for an interesting discussion with the Adjudicator’s office, as there is Proof of Notification.
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Self-Assessment is just that
As I see it HMRC have to show you why you have provided the wrong figure not the other way around