Tier 1 General Set O refusal

[Jewel oh]

Hi all

I have just been refused on my set o application based on tax discrepancies only in one tax year. Accountant files all my self assessment tax returns and made the blonder but due to my lack of knowledge i didn't figure that out.

When i discovered this last year the accountant advised me to make amendments which he did and sent back to hmrc. I got a letter from HMRC saying the window for amendment for the tax year is closed. I gave this letter from HMRC to HO but still got the refusal for this reason.

Everyother tax year was filed correctly.
Can someone please help. I have AR to do in 14days. But dont have alot to add other than what i have narrated here which is what happened.

Please help me with any information that may help.

[geriatrix]

What was your immigration category when you applied for settlement?
Did you apply for settlement under PBS route to under LR (10 years) route?
What is the expiry date of the leave last issued?
What tax year is it that you were attempting to amend the tax return for?

[Jewel oh]

Hi
I'm on tire 1 general.
With expiry of 1r4th may
Went for premium services and it was for indefinite leave to remain not LR. I have live and worked here for 9 years and 6 months.
The tax year was 2010/11
Amendments was attepted 2016 jan but was told via letter from HMRC that its closed and can't be amended.

[Jewel oh]

Hi

Anyone aware of a strong solicitor who can help me with the administrative review please?

Seniors and moderators can someone please advice on what point to go by to admin review. The refusal grounds according to the decision letter are set on 322 (5). But i have no convictions or represent a threath to national security.

It's querying that i don't have a satisfactory evidence to demonstrate that the failure to declare true earnings.

Can someone please comment or point mi in direction of a good solicitor please

[Jewel oh]

In similar case now. Mine is that the 2010 tax was wrong. I paid accountant £300 to file tax as expert but never knew he was not sure.

My solicitor brought the accountant and will not let me meet him. I pay via solicitor and he tells me he will sort the self assessment returns. When i found out the error through sa302 accountant can't explain to me where he got the figures he used. He only says it's based on solicitors instructions.

Now i want to report all because they mislead me. Accountant is worried and looking for solutions but i can't get solicitor on phone.

I know it's long but will i get opportunity to put this through to HO please??

[geriatrix]

1. Tax evasion is not an administrative error, so it will not go away through an administrative review.
2. I have seen posts where tax returns for the year 2010 have been amended in 2016, so should have been possible! You should have sought professional advice from a competent accountant to verify what HMRC had told you.
3. The biggest problem in your case is that you applied for settlement before attempting to / resolving your tax discrepancies. Any attempts to amend tax return now will be viewed in the manner the one noted in your refusal - intention to deceive.
5. UKVI is not interested in knowing whether it was your solicitor to blame, the accountant your solicitor got to do the deed, your janitor, your postman or someone else. "You" were given the visa to stay and work, you are liable to pay any tax due, and "you" face the consequences.

And, please don't hijack topics. Keep your queries in your own topic.

[Jewel oh]

Thanks geriatrix for responding. But just to clearify, the amendments was made 3months before the application for settlement. I got it in writing from HMRC, the accountant in question also called HMRC on a 3 way call with myself to query why they said tax year is closed and can't amend but the 2 people he got on the hmrc line told him the same thing.

Then he told me that there's nothing to worry is its in writing from HMRC.

Going by what you just said do i go ahead to hire a new accountant to send another reamendments please? What are your thoughts?

What kind of supporting evidence do i need to show the tax return was done for me by an accountant due to my lack of accounting knowledge please?

[Wanderer]

What kind of supporting evidence do i need to show the tax return was done for me by an accountant due to my lack of accounting knowledge please?

None, you sign it as true and correct, I'm afraid.

[HarryJones]

2. I have seen posts where tax returns for the year 2010 have been amended in 2016,

The truth of the matter is that many people don't know the meaning of HMRC responses. You cannot amend anything after 12 months. However, all the people that claimed that they have amended is wrong. What HMRC did was just to re-assessed their SAs and asked them to pay their liabilities.
Actually it is re-assessment and NOT amendment.

[Jewel oh]

So should i just re send to them again asking for re assessment?? But i had done this in January way before application for iltr.

[honey2008]

Sorry to hear about your case but I am afraid that your plea for diverting the error on accountant will to not add strength to your case in appeal as you were the one who signed the documents .Also to pay correct taxes does not involve accounting knowledge but a strong will.

The only way forward ,if you have deep pockets, is somehow get the returns corrected and re-apply which in turn does guarantee positive result, but there are not other options........

[geriatrix]

re-apply which in turn does guarantee positive result,

Guarantee??
Having applied for before and refused because of (alleged) "deception" (assuming OP was), there is no guarantee unless he can prove that there was no deception!!

[HarryJones]

So should i just re send to them again asking for re assessment?? But i had done this in January way before application for iltr.

NO.
They are not updating SA302 because it is not amendment but re-assessment.
You cannot amend after 12 months.

[geriatrix]

As far as UKVI is concerned, it was your responsibility to ensure that correct income was declared and tax due on it was paid. If you couldn't figure out the error in time and can't pay the tax now because HMRC doesn't allow it, is also your mistake - and a matter between you and HMRC! From UKVI's perspective, you have evaded tax - simple!!

Going by what you just said do i go ahead to hire a new accountant to send another reamendments please? What are your thoughts

None. It is a matter for a competent financial / tax adviser to advice you on, not someone on an immigration forum.

[Jewel oh]

Going by what you just said do i go ahead to hire a new accountant to send another reamendments please? What are your thoughts

None. It is a matter for a competent financial / tax adviser to advice you on, not someone on an immigration forum.

Many thanks for the advice.
Atleast that has pointed me to somewhere.