ILR Application Dilemma - PEO or Post ?

[adamsmith]

@rush05

Ensure you have paid all your taxes before you apply, whether its personal tax or corporation tax and get letters from HMRC to confirm the same.

I would apply by post considering the ridiculous amount of ILR rejections we have seen in the last 3 months at a PEO due to incompetent caseworkers who have no knowledge about tax laws and their own taxation system, who blatantly consider HMRC documents as secondary and rely on a piece of software to check your records with HMRC which doesnt seem to work. Goodluck.

Hi there I have also submitted amendment for the year 10-11 my tax been paid for all years. There was one numaric error in my 10-11 returns and my Accountent amend that accordingly.
That was the time period when I first get my T1G .
Then 12-13 tax all update on time.
My dead line is 10 April and still waiting for 10-11 amendment come back to me.
Could you please suggest that I m going to post on 7 April. Do I really need to mention about amendment or just submit my SA302 given by Accountent ??

Plz advice thanks

@Mlatif,
I have the same question. My situation is exactly like yours. When did u send amendments? I sent in December for 10-11. Still waiting for the reply.I was given two different dates for updates and both of the dates passed.

Keep in touch please.Good luck to you and me ...

[Samsaro]

Hi All,

Just FYI - I submitted my tax amendments for 2012-13, and HMRC has confirmed that it is processed. However, the amendments will not reflect in my SA302 document, as it is out of the time window permitted for amendments. And it will be taken as a Revenue Assessment.

Regards,
Sam.

[Mlatif]

Hi All,

Just FYI - I submitted my tax amendments for 2012-13, and HMRC has confirmed that it is processed. However, the amendments will not reflect in my SA302 document, as it is out of the time window permitted for amendments. And it will be taken as a Revenue Assessment.

Regards,
Sam.

Yes you are write it's not going to reflect on SA302 but in my personal opinion . Once we amend the tax we have to pay as same time as well. Because this is something that we accept liability so we don't have to wait for HMRC to send is confirmation. We have to pay what ever we owe them it's simple hope it's make sence.
Good luck buddies

[adamsmith]

Hi All,

Just FYI - I submitted my tax amendments for 2012-13, and HMRC has confirmed that it is processed. However, the amendments will not reflect in my SA302 document, as it is out of the time window permitted for amendments. And it will be taken as a Revenue Assessment.

Regards,
Sam.

Hi Samsaro,
Thanks for the updates. I will be very grateful if you could answer my following question. When did u send your amendments? How long did it take? When r u planning to apply? How do u know it's been updated? Did they send u any letter or u called them?

Thank you very much.

[adamsmith]

Hi All,

Just FYI - I submitted my tax amendments for 2012-13, and HMRC has confirmed that it is processed. However, the amendments will not reflect in my SA302 document, as it is out of the time window permitted for amendments. And it will be taken as a Revenue Assessment.

Regards,
Sam.

Yes you are write it's not going to reflect on SA302 but in my personal opinion . Once we amend the tax we have to pay as same time as well. Because this is something that we accept liability so we don't have to wait for HMRC to send is confirmation. We have to pay what ever we owe them it's simple hope it's make sence.
Good luck buddies

@Mlatif and all experts,
Thank you very much buddy. Mine has't been processed yet. I am registered with government online gateway services where I can see my profile and Tax I paid. How do I pay as it's not showing in my profile. I have been calling them to update ever since I sent the amendments. It's been almost 3 months. They keep saying that they are processing. Hypothetically speaking, say I have paid whatever I owe them, would HO know that I paid? Also, How much do I pay them as I don't know how much is going to be penalties and interest.
Please advise me. I appreciate your help in this critical time.

[Mlatif]

Hi there
Your Accountent calculate the interest and panelty as they know about that. When you pay weather it's update or not this is second thing first thing is you owe something that you amend and then you pay accordingly and when you go HO atleast your are there with clean hands

[adamsmith]

@ILR_applicant111

I have done my Personal Tax Returns for 2010-11 recently in November 2015............for the amount of £25500(appx.).........does HMRC do this update as this amount is less than the threshold.............I have been given a date of 3rd march 2016 by HMRC.......do I need to chase them regularly...........

Hi rush05,
Have you heard anything from HMRC? I haven't. I am becoming a bit anxious now, it's already late. I was given two different dates 3rd and then 17th of March. They didn't update by those dates. However, I am thinking of paying them regardless. What do you think?
By the way I have been chasing them constantly. It seems that it is not working. They don't even help me at all sometimes. They just keep talking nonsense.

[vijayj]

After reading all of these posts i am scared.

I opened LTD company in 2013-2014 and Dividends was paid £4474.
For 2013-2014 i have not filed SA.
But as per HMRC need to file SA even if no liability to pay TAX.

if i fill SA for 2013-2014 UKVI refusing ILR and even if i don not fill SA for 2013-2014 UKVI refuse.

Don't know what to DO?
I was not on Tier1 visa but still not sure what is right and what is wrong for filling old SA?

[argus7]

Even if there is no tax due, By law you have to file SA as a director of a LTD company.

[AHD2016]

@AHD2016

I have filed for my AR on 26th Feb. Which was the 14th day. So I am guessing I should be getting a response from them by 25th March. Will keep you posted.

When did you file for your AR ? Did you send any additional docs ?

I applied on Feb 17th. Should hear from them till Tuesday next week. I had heard usually they don't take this long.

Guys, i applied for AR on 28th Jan and still nothing from HO, have emailed them and every time they say it is under consideration and decision will be taken in a few days.

Hi Mohit,
Did you hear back from HO for your AR? We haven't heard anything from them yet...

[AML2015]

@argus7

I am sorry to say mate, but unfortunately your statement is INCORRECT.

A director of a limited company does not have to file for SA if his/her income is below the income threshold (£31785) and there is no personal tax liability due. He only needs to file for SA when he/she exceeds income threshold which incurs a personal tax liability. This is to effect that the corporation tax for the year in question has been paid when the dividends where declared as a part of the CT filing for the respective year.

I have done extensive research, and have confirmed with HMRC from their own manual (TMA 1970) quoting a reference number and they (HMRC) have confirmed it as correct. This piece of information has been clearly mentioned in the tax manual and unfortunately UKVI caseworkers are not that intelligent to decipher the details. They only look at what is mentioned on the Self Assessment cover page on the HMRC website (who needs to file an SA) and unfortunately this does not draw a complete picture related to the HMRC rules and guidelines.

The ACCA (charted consortium for accountants in the UK) has confirmed the same in writing on their website and 95% of accountants in the UK follow the same advice. No personal tax due then no SA. This has been clearly mentioned in the HMRC manual with respect to self employed/limited company directors/limited liability partnerships/sole traders/trusts.

The limited company director is only responsible when his/her income goes above the income threshold and is liable for personal tax, and this is when they need to apply for a UTR number and submit SA. The HO will cry in court when they have to face the facts stated by their own friends over the fence who work in HMRC.

[mohit_jain1985]

Hi Mohit,
Did you hear back from HO for your AR? We haven't heard anything from them yet...

@AHD2016- i applied by post on 18/02 , hence my AR was withdrawn. Got a letter from them last week. Dont have too much hope on it mate. UKVI surely ain't coming back within 28 days as they say. Try emailing them as it says on the acknowledgement email from UKVi for AR .

[Samsaro]

Hi All,

Just FYI - I submitted my tax amendments for 2012-13, and HMRC has confirmed that it is processed. However, the amendments will not reflect in my SA302 document, as it is out of the time window permitted for amendments. And it will be taken as a Revenue Assessment.

Regards,
Sam.

Hi Samsaro,
Thanks for the updates. I will be very grateful if you could answer my following question. When did u send your amendments? How long did it take? When r u planning to apply? How do u know it's been updated? Did they send u any letter or u called them?

Thank you very much.

Date of submission - 07 Jan, and it was received by HMRC the next day.
I received a letter from them on 15th Feb stating that the assessment has been processed. And I owe them so and so Tax + interest for the late payment. However, when I requested for the updated SA302 it wasn't showing the revised tax assessment. And after chasing HMRC, I was told that it is out of the time window and it won't be updated in the SA302

[Pscloud]

Guys this is not a tax forum and moderator should lock this post as well.

[Wanderer]

Guys this is not a tax forum and moderator should lock this post as well.

You moderating the moderators then?

[Pscloud]

Yes I will be doing this from now on since you lot pick and choose to lock the posts ....

[Casa]

Guys this is not a tax forum and moderator should lock this post as well.

Welcome to the board as a new member. Thank you for your suggestions but Moderators will make decisions on closing posts as and when it is appropriate.

[Casa]

Yes I will be doing this from now on since you lot pick and choose to lock the posts ....

That's what 'moderating' is. http://www.thefreedictionary.com/moderating
Perhaps this isn't the right forum for you?

[honey2008]

@AML2015

Argus7 is absolutely right.

If you take dividend from a company, then you have to declare it in your self assessment as income, although the TAX is already paid by company.


Ltd company directors have to file SA's.

Ta
Honey

[ilr2016001]

I agree... it is Limited company director responsibility to file SA 302 to let HMRC know there is no other income from other employments.. in case if you don't hmrc will make one for their records and if any tax due you will get penalty letter and seeking explanation about extra income. if nothing is there, I mean no tax due.. hmrc ignore... but not home office.. home office will check your are doing legally everything as a limited company/self employment. HMRC bothers only you pay everything with no dues...

This is all the fault of accountants.. they never explain anything to new limited company directors.. also we are completely depends on some one or forums... we should go through hmrc and company house departments by calling them when we start a new business.. I know it is not easy... but home office should consider your issue.

No idea what you can do in your case..

[thiruuk]

Hi AML your confidence will definitely make you to come out from this hard pace. Is your 2010-11 return updated? When did you notified by HMRC for the self assessment?

[AML2015]

@thiruuk

Thanks for the encouragement.

HMRC have refused to process my returns for 2010-11 since there is no personal tax liability and they think its a waste of time. They will now send me a letter to say that I did not need to file them in the first place, hopefully that will help me in my next move with the HO.

HMRC will only process your un-filed returns for any year if there is tax liability due. (paper based returns)

[adamsmith]

Hi All,

Just FYI - I submitted my tax amendments for 2012-13, and HMRC has confirmed that it is processed. However, the amendments will not reflect in my SA302 document, as it is out of the time window permitted for amendments. And it will be taken as a Revenue Assessment.

Regards,
Sam.

Hi Samsaro,
Thanks for the updates. I will be very grateful if you could answer my following question. When did u send your amendments? How long did it take? When r u planning to apply? How do u know it's been updated? Did they send u any letter or u called them?

Thank you very much.

Date of submission - 07 Jan, and it was received by HMRC the next day.
I received a letter from them on 15th Feb stating that the assessment has been processed. And I owe them so and so Tax + interest for the late payment. However, when I requested for the updated SA302 it wasn't showing the revised tax assessment. And after chasing HMRC, I was told that it is out of the time window and it won't be updated in the SA302

Hi Samsaro,
Thanks for your reply. If they don't update in SA302 how would HO know that we have paid tax on the amended SA? Do we have to submit proof from HMRC when we apply for ILR? I am very confused now. I call them last week and HMRC said they have dealt with my case and I should get a letter very soon. I am going to apply by post. Do you think we should submit SA302 with application when we apply by post?
I am grateful to you for your help.

[O_Relly]

@argus7

I am sorry to say mate, but unfortunately your statement is INCORRECT.

A director of a limited company does not have to file for SA if his/her income is below the income threshold (£31785) and there is no personal tax liability due. He only needs to file for SA when he/she exceeds income threshold which incurs a personal tax liability. This is to effect that the corporation tax for the year in question has been paid when the dividends where declared as a part of the CT filing for the respective year.

I have done extensive research, and have confirmed with HMRC from their own manual (TMA 1970) quoting a reference number and they (HMRC) have confirmed it as correct. This piece of information has been clearly mentioned in the tax manual and unfortunately UKVI caseworkers are not that intelligent to decipher the details. They only look at what is mentioned on the Self Assessment cover page on the HMRC website (who needs to file an SA) and unfortunately this does not draw a complete picture related to the HMRC rules and guidelines.

The ACCA (charted consortium for accountants in the UK) has confirmed the same in writing on their website and 95% of accountants in the UK follow the same advice. No personal tax due then no SA. This has been clearly mentioned in the HMRC manual with respect to self employed/limited company directors/limited liability partnerships/sole traders/trusts.

The limited company director is only responsible when his/her income goes above the income threshold and is liable for personal tax, and this is when they need to apply for a UTR number and submit SA. The HO will cry in court when they have to face the facts stated by their own friends over the fence who work in HMRC.

Excellent finding AML2015. It is sad to see a lot of people getting caught out and being harrassed by the HomeOffice who are unaware of this rule. Can you post references to this rule as this will be beneficial for genuine applicants who are below the income threshold of £31785 and hence have been advised by their accountants that no Self Assessment filing was needed.

[nethu82]

hi,
it was sad to hear that your ILR been rejected. however if you were a director in that period you have to submit your SA100 either you didn't exceeds Tax threshold. with dividend tax credit and minimum tax threshold you don't have to pay tax up to £31,785, however still you are liable to submit your SA100.

I am chartered accountant, when some client register a company, we register director for the SA at the same time. that is the rule. so it is not valid that accountant said you didn't want to. so i suggest that it is better to submit all your SA100 backward. it is totally legal.

just follow following link. you can find whether you need to submit Self Tax Return for yourself
https://www.gov.uk/check-if-you-need-a-tax-return/y