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Am I over-reacting?

Am I over-reacting?

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I have an unusual situation whereby a Ltd Co client has suffered CIS deductions through his personal UTR (prior sole trade) and not through the Company. I have been advised that the quickest way to remedy is to get repayment through SA, not reallocating it to the Company. This CIS rebate is well in excess of the CT due, and the CT is overdue.

I spoke today to a HMRC employee, and I advised that as soon as we have all the info we need to file the SA100 (still waiting for a bit), that they would receive a 5 figure refund, and that we would pay this immediately over to CT. She said "well we only have your word for that, so I'm going to refer it to debt collection."

Am I over-reacting, or did she just suggest we -the agent - might be liars?

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By JCresswellTax
09th Jan 2013 14:13

Dumb

I dont think she is suggesting that, I just believe some HMRC are so useless that they cant think 'outside the box' - just that the CT is late so they are referring it to debt collection.

When you speak to debt collection, you should receive a more logical approach and a hold on collection action until an agreed date.

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By Roland195
09th Jan 2013 14:38

To be fair

It's not like you have actually filed the Self Assesment repayment that would allow them to verify what you claimed. 

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Glenn Martin
By Glenn Martin
09th Jan 2013 18:44

You will be doing well
To get them to agree to that. They may well offset if your client signs something agreeing to do that. But this is the standard difference of attitude to collecting tax owed and repaying tax due to you. If you owe they are all over threatening to take the telly off your wall as payment etc. if you are due a repayment you have to firstly ask nicely for it then they may get around to it in 6 months. The problem you have here is that if goes to the director he has no obligation to pay it I into company to cover CT liability , I would suspect now they know about it they will delay the repayment until CT is paid.

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