Tier1 General + Tax return

[nasishar]

Hi,

Just a brief history, I came to UK on Tier2 ICT (Secondment) from India to UK on Feb 2009. After one year I have applied for Tier1(General) visa in March 2010.
During my secondment I was receiving Accommodation allowance and Per Diem allowance as a non-taxable benefits(tax free) which was part of my salary slips too and same can seen in my bank statement(s). I left that company in Sep 2010 and joined some other company and working as permanent employee on Tier1 General Visa. Also I got Tier1 Visa extension on Feb 2013 without any problem.

Now I'm eligible for ILR for the same I have requested HMRC employment history letter for last 5 years to be included with ILR visa.
I have received that letter, along with that I have also received a letter from HMRC about underpayment of tax during 2009-10.

HMRC is asking me to pay tax for the benefits in kind which I was receiving from my previous employer. I have also submitted my P11D's for those years to HMRC, but still they are saying why your previous employer has put that amount in Section N for P11D's.

When I contacted my previous employer they are saying P11D's are correct, but HMRC is asking for revised P11D's from my previous employer. I really don't know what to do with this situation.

Sorry for the long description. In about situation should I go for ILR or not?

[nasishar]

Any reply from seniors will be appreciated.

[dk2011]

You need to show HMRC letter to your previous employer and get them reply to notice. Check with them whether they paid correct tax or not for you during that period. In my opinion you must sort this out before going for ILR.