Tuesday, July 28, 2009

HMRC Penalty Charge

I was 7 days late with a Self Assessment Tax Return. The reason it was late was because the PIN that was sent to me through the post didn't work. I had to wait for a replacement once the HMRC website 'locked' me out of the online submission forms.

I received a demand for £100.00 with a note that if the tax liability due on the 31st January was less than £100 the penalty would AUTOMATICALLY be cancelled.

Eventually the penalty was forgotten about until several weeks later I received a another demand for the penalty that I thought had been cancelled.

I lodged a 'late' appeal and several weeks later nothing had been heard back from the State's money raising department.

Last week I got a letter acknowledging my appeal, but yesterday I received a letter from another department warning that they wanted to visit my home to list my goods with a view to selling them on to settle the debt, which was don't forget a summary fine for paperwork submitted a few days later than they wanted it.

I just called the Debt Management Unit in Newcastle upon Tyne. The woman was all apologies and excuses. She told me that the account was on hold and the appeal was under review and that no further enforcement action would be taken while the account was in it's current status.

I found it appalling that they can send a threatening letter (and then say they have no control over it's contents), give me 48 hours in which to respond and yet it take 7 days to arrive. HMRC say that due to the large number of such letters they send out it is not possible to post them all out on the day of posting.

I was also told not to worry because the 'Field Force' SHOULD review the status of the account before they 'knock' on my door. (I have a mental picture of that poster with armed police using a battering ram on a front door with the words 'KNOCK KNOCK' printed underneath. Should not would I hasten to add!

Well let's hope they do, because HMRC 'field force agents' can obtain a Magistrates Warrant to use force when entering a property. What should be a check on the misuse of the vast power of the State would likely be a case of a lay person or Legal Advisor asking for proof of the 'debt' and confirmation of my home address. But alas the Magistrates Court's unlikely refusal to issue said warrant would be my only legal protection from a bunch of over grown shaven headed men, probably wearing body armour, from forcing their way into my home whilst my terrified wife and children tremble in the corner of the room. 'Helpfully' the Debt Management Unit claims not to know anything of the processes the 'Field Force' use to do their bidding.

So readers, it appears that the HMRC likes to send menacing letters and then pretend they have no control over them, they like to blame being over worked for dragging their heels but expect you the taxpayer to submit your tax return by their due date without giving you the benefit of doubt. They like to instruct a 'Field Force' of agents but have no interest in how this force of people actually go about their business.

In my case they like to make you feel that you always on the edge of disaster in a process that they started because of a few pence income tax and a whopping £100 fine for it's late payment.

I suppose it's all geared to getting me to throw in the towel and simply pay the summary fine. I suppose if they do kick the front door down and terrify my children it will be my fault for being 7 days late in submitting a tax return that showed a liability of less than a pound. I am therefore a terrible father.

Rant over! Until the next letter no doubt.

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