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Regarding HMRC Penalty for Naturalisation

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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dcot78
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Posts: 39
Joined: Tue Dec 05, 2017 10:28 am
United Kingdom

Regarding HMRC Penalty for Naturalisation

Post by dcot78 » Mon May 14, 2018 4:33 pm

Dear all,

I've just read a post that some one has withdrawal his naturalisation application due to HMRC tax penalty.

I have also applied for naturalisation and one of my tax penalty is in process with HMRC and I've filled up the appeal.

I wasn't sure that I have to declare HMRC penalty notices because who ever I've asked they've said It is not necessary.

I am quiet worried now, could you please share your experiences or information or shall I withdraw my application too ?

Let me know please.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Regarding HMRC Penalty for Naturalisation

Post by cyclina1 » Mon May 14, 2018 4:38 pm

Even you withdraw your application you cannot get the application fee back except 80 pounds.

If you are appealing it then you can wait until the result, if you win the appeal it won't harm your application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

dcot78
Newbie
Posts: 39
Joined: Tue Dec 05, 2017 10:28 am
United Kingdom

Re: Regarding HMRC Penalty for Naturalisation

Post by dcot78 » Mon May 14, 2018 4:46 pm

But does this HMRC penalty effects your naturalisation application ?

I've even checked on the naturalisation application form and no where they ask you about these tax penalties.

Don't know the right answer ...

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alterhase58
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Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: Regarding HMRC Penalty for Naturalisation

Post by alterhase58 » Mon May 14, 2018 7:42 pm

Penalties for late filings are common, both for individuals and companies, though if you are a serial offender that might count against you. Late penalties are a fact of life, as are under or over payments of taxes. I believe what is important is that you can demonstrate that you keep to your arrangements with HMRC,i.e. file and pay taxes, both current and back taxes, where you incur penalties,pay them or appeal them and stick to any payment plans agreed.
If HMRC were to take you to court that could be a different ball game and if you are found guilty of criminal charges that would definitely have to be declared.
I am happy if someone else can explain it better, even prove me wrong but I can't remember a case being quoted here where someone was refused for accidental under-payment of taxes. Happens to me every year.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Hassan7861
Member
Posts: 108
Joined: Thu Nov 16, 2017 12:36 pm
United Kingdom

Re: Regarding HMRC Penalty for Naturalisation

Post by Hassan7861 » Mon May 14, 2018 8:46 pm

Just pay them and u will be fine almost 90 % of working class people in uk get hmrc penalties its not a big deal as long as u pay everything before u apply for your BC

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dontringthebell
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United Kingdom

Re: Regarding HMRC Penalty for Naturalisation

Post by dontringthebell » Mon May 14, 2018 9:23 pm

After I stopped working in 2012, during financial year 2012-13, I folded my company and filed the last return. Got ILR in 2016, unfortunately though just before I was about to apply for citizenship last year I was hit by 1600+900+900+300+100GBP penalty from HMRC for late filing of self assessment. The breakup given is how they showed in each penalty notice though they arrived at once first time in 2017.

I explained to HMRC that I've been unemployed and I'm not required to file, however, due to initial notices pertaining to 2013-14 & 2014-15 and the agent on phone unable to edit or revoke I had to submit a written appeal which took 6 months to clear. They did their checks and every single penny of penalty was revoked.

Luckily enough this communication between myself and HMRC became my evidence of presence in UK for the immediate 6 months period preceding my application date starting from the date of expiry of my passport.

My citizenship application took 6 months to clear however not a single question was asked. I did not declare the penalty but did submit communication as proof of residence in UK.

Can't say if it directly relates to this post, but just for throwing some perspective I know HO gets a lot of flack, but there are times when honesty and genuinity get there due too.
Don't misconstrue my views for professional immigration advice, just trying to give back to a community that helped me through my journey.

WP-> HSMP-> Tier 2G D-> ILR-> BC-> OCI

dcot78
Newbie
Posts: 39
Joined: Tue Dec 05, 2017 10:28 am
United Kingdom

Re: Regarding HMRC Penalty for Naturalisation

Post by dcot78 » Sat May 26, 2018 12:11 pm

My citizenship has been approved, thanks to all of you for your kind information :)

Mark420
Newbie
Posts: 31
Joined: Tue May 01, 2018 3:21 am
Afghanistan

Re: Regarding HMRC Penalty for Naturalisation

Post by Mark420 » Sat May 26, 2018 12:36 pm

Hi, Bro

Congratulations

Can you please share what penalty you had before or after BC application from HMRC.

Your experience will help others.

dcot78
Newbie
Posts: 39
Joined: Tue Dec 05, 2017 10:28 am
United Kingdom

Re: Regarding HMRC Penalty for Naturalisation

Post by dcot78 » Sat May 26, 2018 12:45 pm

Mark420 wrote:
Sat May 26, 2018 12:36 pm
Hi, Bro

Congratulations

Can you please share what penalty you had before or after BC application from HMRC.

Your experience will help others.
I had a tax penalty which was raised by HMRC last year, they placed me in self-assessment which is their fault because I've never been self-employed. I applied an appeal against this penalty which is in process from last six months as HMRC response is very slow.

I did pay the penalty and also applied for an appeal to remove this penalty. I was worried as I read a post on this forum that someone has withdrawn his application due to tax penalty. I never had any bad history even all taxes are paid and I also paid the tax penalty. I don't think HMRC penalties effects this naturalisation process but depends if someone has really bad history.

N.B: My tax penalty was issued a long time ago before naturalisation.

Neo001
Newly Registered
Posts: 15
Joined: Sat May 26, 2018 9:56 pm
India

Re: Regarding HMRC Penalty for Naturalisation

Post by Neo001 » Mon Jun 04, 2018 6:53 pm

Hi
Any update on your case?.

Thank you

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