Member Since: 5th Jun 2019
Thompsons Accountancy Services Limited
7th Feb 2020
Peter Cane, I have had this problem with clients of mine too. I am not totally convinced by the argument that something is inhibiting the repayment as a quick call to the HMRC Agents Dedicated line released the repayment immediately and they could not tell me why it had not been released with the tax return instructions. In my case, the repayment was to go to me as the agent. Whatever it is with their system they would not accept similarly flaky excuses if my client owed money so not sure why they feel it is appropriate to treat their "Customers" in this way.
30th Oct 2019
That's a very interesting point. I think it would be a case of looking at whether there was a genuine bonus or whether this was just a fudge to try and get tax relief.
If the bonus was a contractual (implied or express) condition and the decision to turn it into a pension contribution was one made after the year-end I cannot see the basis for disallowing the expense in the earlier period. At least I hope not as one of my clients has been doing this on and off for years, his bonus is included in his contract of employment so is a requirement to provide for and he makes the decision of how much of the bonus to take in cash and how much to put into his pension shortly before the due date.
30th Oct 2019
I agree with the general opinion on here that you are really on a hiding to nothing. HMRC have the legal powers to demand the information and you have nothing in your armoury to control this.
However, that does not mean you should not take HMRC to task on the issue. I have complained on at least three occasions to HMRC's Data Protection Officer when I have received correspondence for unknown third parties.
It may be small comfort but why not ask the officer dealing with the enquiry for a direct address (or use fax) to send the information on a one to one basis and make it clear that all documents are to be kept secure and to be returned to your client on completion. At least if something did occur which led your client to believe his information had been leaked by HMRC they may have a case to answer.
It is interesting as I too have an HNW individual who is a Chinese national, living in the UK. Her concerns surround the Chinese Government finding out about her affairs as, in her words, they do not play by the same rules, and leaks do find there way through.