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Hi,thestral01 wrote:Hi Experts,
Good morning/afternoon !
I am a new member to this forum and need some expert guidance help with my case.
I am a director of a limited company and applied for ILR PEO in Sep which was refused because of HMRC check. I didnot file a SA for years 2010-11 and 2011-12 hence the dividends were not declared to HMRC. I received UTR number for Self assessment from HMRC in Sep 2012 and after that all my SAs are proper and case worker also confirmed the same.
I tried to reason the case worker that HMRC didnt send me a UTR number until sep 2012 - and my accountant had advised me that if HMRC hasnt sent me UTR I dont need to file SA. However he said I should have retrospectively done the prev years SA after I got my UTR number. my applciation was refused on the basis of providing false documentation/deception in my previous tier 1 extension in Nov 2011.
After the refusal, I have now filed 2011-12 SA online and there was only £1 tax due and no penalty from HMRC as HMRC sent me my UTR number only in 2012. I have paid the £1 tax due.
For 2010-11 however I had to send a paper application and after multiple follow-ups with HMRC they have now sent me a letter saying that they are not going to process this tax return for 2010-11 as it falls beyond the window of 4 years etc. I also got HMRC to send me a letter in writing, how much salary and dividends I have declared for this 2010-11 year in my return form. There was no due tax from my for fy2010-11 and no penalties were charged by HMRC too.
Now I am confused what route should I take ?
- Should I go for judicial review - as I have not submitted any false documentation during my tier 1 extension in 2011 based on which they refused my case- I did submit bank statements showing my earnings including dividends and accountant's letter showing all amounts (HMRC refusal letter too confirms the same). Also the year end accounts for 2011 were submitted to company house which is a govt entity.
It is very hard for me to come to terms with the fact that I was charged with deception, which in all my earnesty I know I haven't.
- Should I go for a fresh application - in which case what risk does it have not to have the HMRC records updated for FY 2010-11 dividends, even though I have a letter from HMRC now confirming why they cant process it and confirming the amounts I have declared .
Please help me !
It will be very hard to find a solicitor with proven experience in JR and similar cases. solicitors advertise 101 things on their website to get clients but hardly 10% solicitors have been able to win the JR for clients. by the way..which PEO was this?thestral01 wrote:Thanks Blocked Username , yes 2011-12 was done online by my accountant.
I sent paper SATR for 2010-11 in late september and followed up with HMRC almost on a daily basis. Originally they had said the turn around would be December though.
Anyone knows a good solicitor with proven experience in Judicial review/pre action protocol type cases ?
I am really doubt if 2011/12 can be done online you really need to check this with your accountant you know, secondly 2010/11 you sent your returns in this September and you get your response that quick I really wondering if this would be a case as HMRC taking almost 5 to 6 months to reply any thing check this both with your accountant and get sort this bit before you present your case in front of judge.thestral01 wrote:Thanks Blocked Username , yes 2011-12 was done online by my accountant.
I sent paper SATR for 2010-11 in late september and followed up with HMRC almost on a daily basis. Originally they had said the turn around would be December though.
Anyone knows a good solicitor with proven experience in Judicial review/pre action protocol type cases ?
try to sort your HMRC issue and then apply again with cover letter to explain the reason hopefully you would be fine then,thestral01 wrote:Hi,
Please did anyone have similar case as mine - if yes did fresh application with corrected hmrc records help?
Please could you also suggest any good solicitor to go with?
Hi "thestral01",thestral01 wrote:Please someone help me with a good solicitor..sincere request who has experience of dealing with refusal, reapplication type case like mine
Congratulations your case is approved.thestral01 wrote:For the benefit of this group and other members having similar issues as mine, I would like to elaborate what happened to my case.
I didnt get a very favourable response from this board - partly because many people didnt have this experience I believe and hence I spoke to a number of solicitors and Barristers , spending quite a few pounds in the process.
Notable among the soclitors I spoke to was xxxxxxxxx about whom I had read elsewhere how good they were and some glowing reviews in their website too. It turned out to be quite a horrible experience for me - The guy was outright rude and seemed to care only for money. In his words, if I wanted to stay in the country and then I must come and meet him and for every meeting he will charge me. It was as if I had no option at all. Of course I didnt pursue with him as one basic thing what I felt he lacked was empathy when someone is going through such a situation. Few other solicitors did tell me the same thing but in a better and polished way - that success rate could be 50-50 in my case. Even the barristers were kind of the same opinion.
In all this mayhem, I came to know about xxxxxxxxxbased in Covent Garden, London. From the very first meeting, I knew this was the guy - gentle, caring, empathetic and he promised it will get done without any hasle , and he doesnt charge any fees for consultaion. They have a no win no fee policy. I felt so much better and confident after meeting him, I would very highly recommend him.Best thing about him, he is good friends with case workers in Croydon and could get a pre-view of my application even before I applied again. So as per his suggestion I made a fresh application again, for today's date.
ALso in this process I discovered how helpful HMRC people are - many in this forum doubted how I could submit my 11-12 tax return online and how could HMRC agree to do my 10-11 returns as well in such short span. But the truth remains they did - and its because I called them every other day and chased up. In the end, one guy from HMRC met me personally at Ealing to hand me over documents - a HMRC letter headed document giving manual calculation for my 10-11 return as they were unable to process it in their system. He even gave his personal mobile number to me and promised he will be available whole day on my application date to support Home office. Yes, you have to try to see how helpful HMRC can be.
Finally Chris prepared a covering letter for me and sorted out all documents etc for me and this morning I along with him went to Croydon Home office.
Without any issues whatsoever, my ILR was approved.
My suggestion to anyone in the same boat as me, dont lose hope and give it your best. And if you could, just get in touch with xxxxxxx - you will realise you are in safe hands.
Thanks everyone.
Moderator edit: company details removed due to libel laws + other details removed due to board rules on advertising