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Hi,Killer14bean wrote:Hi,
I would be applying for my ILR in Jan'16, for which i am getting my documents in order. Before i proceed would like to give my background:
Tier 1 G granted - Jan 2011
Self Employment
Income showed - 36k
Tax paid on 36k
Tier 1 extension - Jan 2013
Self Employment
Income Showed - 36k split between 28th dec'11 to 10th dec'12
For the tax purpose i have declared more for both the tax years i.e. 2011-12 and 2012-13(tax year April-April while income spread over two separate tax years) and mentioned each and every invoice that i used for points to HO. However, from Jan'13 till 5th April'13 i had a genuine expenses on circa £15k and at the end of the year the tax was paid on the balance. The accounting was done by my accountant and i was told that it is completely normal. I have all the invoices of the expenses, and would like to reiterate that i did not miss or hide any of the invoices while declaring the tax to HMRC.
Post June 2013 i have been in full time employment and would be going for my ILR based on the full time employment and i easily qualify for the points. Since the tax computation is a complex activity i would like to know if this could have any impact on my application.
Thanks
After deducting your major expenses what is the amount you paid tax on ?Killer14bean wrote:I showed 36k from 28th Dec'11 to 10th dec'12
however paid tax on circa £15k for the year 2011/12 and £32k for the year 2012/13 which included all my invoices (used for extension) plus invoices before dec'11 and invoices beyond dec'12. I had some major expenses during Jan'13 to 5th April'13. I have all the TR documents, invoices, P60's from my employment.
Based on the info you've give I am assuming that for 2012/13 you showed 32K to HO & claimed points on it. While filing the IT return you declared 15K to HMRC (because of your major expenses).Killer14bean wrote:Apologies for the confusion.. i declared circa £15k for the year 2011/12 and paid tax on the same and declared £32k for the year 2012/13 and paid tax on £32- expenses i.e. £17k.
I am not denying the fact that your expenses are not genuine but what I am trying to put forth is how HO will percieve your case. The net taxable income you initially showed to HO changed significantly at the time of filing the returns. When HO will verify this with HMRC they'll get a different figure altogether. If these major expenses would have occured at the time of your extension then technically you wouldn't have qualified for the extension in the first place and HO has given this as a reason for rejection n the past.Killer14bean wrote:Hi,
Thanks for your inputs. For extension purpose i used £28k between 6th April 2012 till 10th Dec'2012. I had minimal expenses during this period, but had to scale up majorly for some work in the final 3 months of the tax year. I clear case of genuine expenses for delivery of work.
when you are planning to apply?Killer14bean wrote:If i have to amend the tax, is there a quicker way than to do it in writing?
Since it is 12-13 return you won't be able to do it online. You have send everything in writing. HMRC's current turn around is 3-4 months to amend manual return.Killer14bean wrote:If i have to amend the tax, is there a quicker way than to do it in writing?
I know how frustrating it is.I think you shouldn't be worried about the HMRC time line...important is getting an acknowledgement from HMRC that they have received the amendement. Alternatively if you are confident enough that you can convince HO without amending the returns then go with your gut feeling. Take opinion of an expert immigration lawyer if required. All the best !!Killer14bean wrote:Jesus! 2-3 months.. my visa expires in Jan'16.. it is so strange that even after working so hard and paying back into the system through heavy taxes i might have to struggle with HO. A genuine situation which would be perceived as deception by HO, what mattered was the points claimed for the income in those 12 months and a slight change in circumstances can cost a person his/her right to stay in the country.