ILR, Tax Issue

[afk90]

Hi,

I have a strange issue regarding tax paid during my initial application. Let me explain it in best way possible.

The documents i sent to HO in August 2010 for my initial tier 1 application showed £15,200 earned from self employment in 2 split years (2009/10, 2010/11) out of which £12,700 was earned in 2010/11.

After consulting my lawyer, he asked to me verify if tax return for that year (2010/11) is same as the documents sent to HO. When i went through the tax return for 10/11 (filed in January 2012 and i got my first tier 1 general visa in September 2010), I found out that my accountant had showed the above income from one of the employement i left in january 2010. In short, all my income and self employment for 2010/11 sent to HMRC is about 42k and i have already paid tax on it. Employement i left in january 2010 comes under financial year 2009/10.

It is clearly evident from the tax return that i have paid tax on previous employement twice i.e once in 2009/10 and once in 210/11. I have requested for amendment to HMRC even though my accountant was also surprised how come HMRC did not notify me of paying tax twice.

My question is where do i stand in terms of tax paid to HMRC and where do i stand in terms of my ILR as it is clearly evident i did not evade any tax or commit fraud but overpaid it and it is a plain accounting error from both sides. Would HO term it as deception?

Your guidance in this matter will be highly appreciated. Thank you in advance

[afk90]

I consulted accountant and he also said it is accounting error. It would have been deception if i had showed more figures to HO and less figures to hmrc to avoid tax but it is other way round as i showed more earning to hmrc and paid extra tax?

Any feedback would be very much appreciated

[bluecandi]

Is your amendment done?

Because apparently you asking for a refund from HMRC.

[afk90]

@bluecandi thank you for the input

No i just filed for amendment and it takes time. My question is does it fall under deception as i did not show less amount to HMRC than HO and purely a counting mistake which led to me paying more tax than normal in 2010/11?