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iffi786 wrote:for bennevis
I check ur post u got ilr with employed and self employed income so u dont need to worry I sure ur tax up to date and u got ilr in april 2014 when u r applying british passport
Are there any more details? It seems as though something is missing. Its perfectly legal to amend a return and happens all the time if you or HMRC realise there is an error. And there is absolutely nothing wrong with amending a return and lowering liabilities -- I use the services of a CTA to prepare my taxes (a little more complicated than others since I'm American, have US liabilities and own rental property in the UK), and she amended my 2013-2014 UK return when she filed my 2014-2015 return. IIRC my 2013-2014 liability went down by about £250.benneviss wrote:I just heard (authentic source) that someone application of Naturalisation was refused.
It appears that HO made a substantive search and it has revealed that the applicant has amended his tax returns after his approval of visa and reduced his liability to pay.
Hi Benneviss,benneviss wrote:I just heard (authentic source) that someone application of Naturalisation was refused.
The reason was given that the applicant has obtained tier-1 (in the UK) and extension by the deception. It appears that HO made a substantive search and it has revealed that the applicant has amended his tax returns after his approval of visa and reduced his liability to pay. His application is now rejected with a right of appeal. The good thing that HO did not revoke his IRL but HO could legally revoke your ILR if you have reached that stage by deception.
So , it is better to sort out any mess before you apply.
+1t123456789 wrote:This is possible. For example if you deliberately inflate your income to meet your visa requirements, and then adjust downwards to get your tax back.
Why would they claim deception for naturalisation but not revoke ILR? Possibly because for naturalisation you have no recourse except a reconsideration, which they can simply refuse. To revoke your ILR they'd have to prove deception in a court and that is not so simple.
Wanderer wrote:+1t123456789 wrote:This is possible. For example if you deliberately inflate your income to meet your visa requirements, and then adjust downwards to get your tax back.
Why would they claim deception for naturalisation but not revoke ILR? Possibly because for naturalisation you have no recourse except a reconsideration, which they can simply refuse. To revoke your ILR they'd have to prove deception in a court and that is not so simple.
This is what has been going on for a while now, time to pay the piper....
To do this you have to file at least two tax returns with HMRC - your original then the amended.t123456789 wrote:This is possible. For example if you deliberately inflate your income to meet your visa requirements, and then adjust downwards to get your tax back.
I wouldn't say impossible, but unusual. There was a guy asking about it in the ILR forum. Basically the company paid his PAYE as if his income was higher. HO discovered the scam and asked for more proof, ie bank statements which obviously didn't match the claimed income.DAC000 wrote:To do this you have to file at least two tax returns with HMRC - your original then the amended.t123456789 wrote:This is possible. For example if you deliberately inflate your income to meet your visa requirements, and then adjust downwards to get your tax back.
HMRC won't readily accept an amended return - one that reduces taxes paid and triggers a refund - without some level of proof.
If he's working PAYE what you're describing is impossible. If he's self employed they'll ask for some evidence. So if along with his amended return he's provided forged paperwork documenting income received to HMRC then I'd say its clear he's failed the good character test.
The UK is very civil with respect to tax matters. In the US if someone files false tax returns its a criminal matter.
t123456789 wrote:This is possible. For example if you deliberately inflate your income to meet your visa requirements, and then adjust downwards to get your tax back.
Why would they claim deception for naturalisation but not revoke ILR? Possibly because for naturalisation you have no recourse except a reconsideration, which they can simply refuse. To revoke your ILR they'd have to prove deception in a court and that is not so simple.
Wow, yes, that would be possible, but hopefully they'd go after the company doing it as well? The company employing him would have to fiddle their accounts to reflect higher wages paid to the employee, since PAYE was paid at a higher rate. I wonder if later the company would file an amended return as well, and try to claim back higher taxes they paid due to their "error"?t123456789 wrote: I wouldn't say impossible, but unusual. There was a guy asking about it in the ILR forum. Basically the company paid his PAYE as if his income was higher. HO discovered the scam and asked for more proof, ie bank statements which obviously didn't match the claimed income.
From what this guy wrote, the company owners packed up and ran, the entire company was a scam. What he did was pay the company a fee to inflate his salary and he paid the extra PAYE as well.DAC000 wrote:Wow, yes, that would be possible, but hopefully they'd go after the company doing it as well? The company employing him would have to fiddle their accounts to reflect higher wages paid to the employee, since PAYE was paid at a higher rate. I wonder if later the company would file an amended return as well, and try to claim back higher taxes they paid due to their "error"?t123456789 wrote: I wouldn't say impossible, but unusual. There was a guy asking about it in the ILR forum. Basically the company paid his PAYE as if his income was higher. HO discovered the scam and asked for more proof, ie bank statements which obviously didn't match the claimed income.
I don't have a criminal mind, the scope of this deception pretty broad. My gosh the stuff that people try on.
I said they usually won't bother revoking ILR, not that they never will. It's probably too time consuming, maybe if your entire visa application history is based on deception they will. Perhaps in the future they will amend the law to make it easier to revoke ILR if deception is involved.I thank you all for your contribution and specially to t123456789 ; you made it very clear that HO do not revoke ILR in those cases as it is easy to refuse Ntzs application rather then revoke ILR.
Well I am not legally qualified you are right and I do accept that.benneviss wrote:Hi
Smam I appreciate your input on this forum and your qualification , work experience etc. You are however not legally qualified and therefore it is unlikely that someone would come to you with a refusal letter.
Good Luck to all
Bc4indian wrote:Hi benneviss,
Can I ask you a question regarding this post?
When you say the applicant amended his tax returns after his visa approval - was this a self assessment return or corporation tax/Company return?
Thanks
Subject: Naturalisation refused on the basis a deception
benneviss wrote:
I just heard (authentic source) that someone application of Naturalisation was refused.
The reason was given that the applicant has obtained tier-1 (in the UK) and extension by the deception. It appears that HO made a substantive search and it has revealed that the applicant has amended his tax returns after his approval of visa and reduced his liability to pay. His application is now rejected with a right of appeal. The good thing that HO did not revoke his IRL but HO could legally revoke your ILR if you have reached that stage by deception.
So , it is better to sort out any mess before you apply.
Dear SmamSmam wrote:Well I am not legally qualified you are right and I do accept that.benneviss wrote:Hi
Smam I appreciate your input on this forum and your qualification , work experience etc. You are however not legally qualified and therefore it is unlikely that someone would come to you with a refusal letter.
Good Luck to all
Well I think if UKVI refused his BC application they must have got some grounds to do that and I think they can use the same grounds to Curtail his ILR as well.
I think to prove you wrong I don't need to be legally qualified any monkey can do this as well.
For your kind information I am a CTA and an ACA qualified if you don't know what these qualifications are then I can explain it to you CTA means Chartered Tax advisor which is the highest tax qualification in the UK so if you are telling me that some one has submitted a Tax return to HMRC and later on changed it and resubmitted an amended version for the same year tax return well well well.
Please tell me that how can I do that just wanted to know this that's all as I said previously I don't care about BC or Naturalization or anything like that if I can manage to get some of my tax back by amending my previously submitted tax returns I'll be more than happy. Bloody BC and Passport will wont give me money.
If you cant prove this than you need to go back and delete your post.
Good luck to all for their BC application.
Hi ,tx123 wrote:Dear SmamSmam wrote:Well I am not legally qualified you are right and I do accept that.benneviss wrote:Hi
Smam I appreciate your input on this forum and your qualification , work experience etc. You are however not legally qualified and therefore it is unlikely that someone would come to you with a refusal letter.
Good Luck to all
Well I think if UKVI refused his BC application they must have got some grounds to do that and I think they can use the same grounds to Curtail his ILR as well.
I think to prove you wrong I don't need to be legally qualified any monkey can do this as well.
For your kind information I am a CTA and an ACA qualified if you don't know what these qualifications are then I can explain it to you CTA means Chartered Tax advisor which is the highest tax qualification in the UK so if you are telling me that some one has submitted a Tax return to HMRC and later on changed it and resubmitted an amended version for the same year tax return well well well.
Please tell me that how can I do that just wanted to know this that's all as I said previously I don't care about BC or Naturalization or anything like that if I can manage to get some of my tax back by amending my previously submitted tax returns I'll be more than happy. Bloody BC and Passport will wont give me money.
If you cant prove this than you need to go back and delete your post.
Good luck to all for their BC application.
I just joined this forum to reply to your post.(I just couldn't resist it)
If you don't have professional competence in your tax knowledge, at the very least, please don't drag professional bodies like CIOT and ICAEW in your post, to prove your argument/view point was correct.
With regards to amending a tax return, it is possible to amend a tax return.
Here are some possible amendments that can be done to reduce previously declared tax liabilities.
1.Normal Amendment
Both Corporation Tax Return (CT) and Individual Tax Return (IT) can be amended within 12 of the original deadline for submitting the concerned return. This can be done online and you don't need any permission or authorization from HMRC. (Whether HMRC will open an enquiry into the amended return or not is a different matter altogether).
2.Amendment to Claim Losses
1. A previous Tax Return can be amended, where an individual makes a loss in a trade, the losses can be set against the previous year's income, immediately preceding the loss making year under S64 Income Tax Act 2007. This can be done by amending the previous return within 12 months of 31 January next following the year in which the loss is made.
2. Similarly,where an individual makes a loss in a trade in the first year of a new trade, under ITA07/S72(1) and (4) this loss can be relieved against their income in the previous three years. So if someone genuinely incur or artificial create such loss in a new business, previously overstated self employed income can be reduced/wiped even after 4 years from submitting the concerned overstated return.
I don't want to do a lecture on tax return amendment here, but for your information, returns can also be amended years after submitting it to set off losses inured when a business cease trading under S89 ITA07.
I hope this reading will give some CDP for your CTA and ACA.
In future, if you don't know even have the basics, please don't drag professional bodies into disreputation to prove you are right, just answer in your personal capacity.
To be honest after reading your ignorant answer, I don't think you are a CTA and/or ACA.