Member Since: 8th Jan 2002
One of the founding partners of The Professional Training Partnership, Tim is also a director of PTP, PTP Interactive and Absolute Accounting Software and is chairman of The Tax Club. He is the author of three chapters in Tolley's Tax Planning and presenter of TAXtv.
14th Jan 2021
As expected, HMRC are taking a hard line. They maintain that the "practice generally prevailing" defence applied up until publication of the Silver judgment in April 2019 and will not accept ESC B41 claims. We will need somebody to take an overpayment relief claim to the Tribunal first and then, if successful, there may be an opprtunity to invoke ESC B41.
30th Mar 2020
5 April 2020 is the deadline for overpayment relief claims for 2015-16. But HMRC will probably resist on the grounds of "practice generally prevailing". There may have to be a Tribunal decsion on that one.
For years earlier than 2015-16 try ESC B41.
I would look all the way back to 2010-11 when the personbal allowance taper came in.
31 January 2021 will be the deadline for amending 2018-19 returns.
30th Mar 2020
Yes - submit claims for earlier years. Either overpayment relief claims or ESC B41.
26th Mar 2020
HMRC have withdrawn their appeal against the FTT judgment in Silver ...
2nd Oct 2019
The HMRC calculator (and as far as I know every commercial tax return software package) calculates the top slicing relief as £5,600.
The correct figure (according to Judge Mosedale in Silver - and me) is £7,031.
So the estate is being overcharged by £1,431.
HMRC will not accept that they are wrong until the litigation is completed. The Upper Tribunal have aked for availability dates from February to May 2020.
See also https://www.accountingweb.co.uk/tax/hmrc-policy/hmrc-digs-in-over-top-sl....
12th Sep 2019
The Tribunals service has now asked for "dates to avoid" for December 2019 through May 2020. We're getting closer ...
10th Jul 2019
Yes - appeal lodged 13 June 2019.
4th Mar 2019
Put the details into https://www.absolutetax.co.uk/account/top-slicer-tool-trial and email me if you have any questions.
24th Jan 2019
Thanks Paul. My company is Absolute (www.absoluteexcelvatfiler.co.uk) not PTP!
20th Sep 2018
Export to a csv file then link the cells to our excel vat filer.