I have a client earning well over £125k (so all personal allowance has gone) who had previously filed a return due to a rental property. The income from the property has now been passed to his wife via a deed of trust and form 17 but HMRC are still insisting that he must file a return as he earns over £100k (as per their criteria).
My understanding was that a return was only needed if you had untaxed income to report and/or a tax liability to settle but HMRC just keep referring me to their own criteria.
Has anyone had any luck getting the notice to file removed under similar circumstances?
Thanks
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Not in this particular circumstance, no. HMRC have surprisingly little faith in their own RTI system in seems.
The trouble is that at a level of income heading over £125K other factors come into play, such as the potential for losing the PSA. HMRC are unlikely to accept that there will be no bank interest falling into the charge and are extremely reluctant to withdraw a notice to file at that income level, as relatively small additional income can result in substantial tax obligations. In fact I can't recall any success in getting one successfully withdrawn in those circumstances for several years.
I haven't succeeded either, but then, with such clients, I find it is far simpler to file a return than respond to incorrect P800s. You know exactly where you are regarding unpaid tax, because this shows up as soon as you have prepared the return. Less messing about all round