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Tax error / Good character requirement

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  • Tax error / Good character requirement

    Hi

    I'm just about to apply for the citizenship but have a question/concern re Good character requirement.

    I got notified by HMRC in March that I was owing taxes for the year 2017-2018. This has been an error in the system and it's being corrected by my company's current accountants but HMRC's system & processing times seem to be very slow so this is still going on.

    Just to explain - the company I'm working for was changing accountants that financial year and somehow in HMRC's system an extra income was added for me.
    HMRC assessed this only this year (1 year after...) and sent me a letter saying I've underpaid taxes in the year 2017-2018, which is incorrect.

    The correction of the extra income has been submitted by our current accountants in April, however, there are still some discrepancies for which I'm still waiting for HMRC's system to update.

    It looks like once everything will be updated there might be £2 underpayment in that financial year - my accountant explained this is a normal and standard procedure as it comes down to different rounding when calculating monthly taxes and NI deductions (that's why some people get a tax refund and some slightly underpay).

    So my questions are:

    1. Will this negatively impact my AN application where I might fail the Good Character requirement because of this error and therefore be declined the citizenship?
    2. Should I wait for HMRC's systems to update before I submit my application? I have no idea when this will happen, I hope in the next week or so but HMRC is super slow with this. I'm a German citizen so am sort of in hurry to apply for the British citizenship to avoid losing my German one (or the money spent on the AN application).

    Many thanks,
    Jay

  • #2
    Saaima K (lawyer) Would you be able to assist?

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Gabriella B (lawyer) Would you be able to assist?

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Hi

        In case of an error, where there was no intention to deceive HMRC, the best course of action would be to explain the situation in a cover letter and provide written evidence from third parties (for example the company's accountant) that fully explain the issue. Citizenship can be refused if the UKVI finds that the person did not pay what was due to HMRC, so if you decide to apply, it is advisable to provide documentary evidence and an explanation of what happened.

        I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

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        • #5
          Hi Gabriella B

          Many thanks for your reply.

          In regards to written / documentary evidence, the most I will be able to provide (hopefully) is a letter from company's current accountant stating this was a mistake on the submission due to the change between old and new accounts and that the correction has been submitted and is being processed by HMRC.

          Would this suffice as the evidence?

          Many thanks,
          Jay

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          • #6
            Dear Jay

            It is difficult to give an answer without seeing the letter itself. I would suggest that the explanation is very clear and detailed, and if you have any correspondence from HMRC you should enclose that too. You can also provide a personal statement/cover letter to explain the situation.

            I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

            Comment


            • #7
              Dear Gabriella

              Thanks for your reply.

              I don't have the letter, as this is something I will have to ask the company's accountants to draft for me.

              To be clear, no one seems to understand what exactly has happened, HMRC said initially to the company's accountant (over the phone) that this was a system error, but when I phoned HMRC 2 months later they advised they're not clear where this was coming from and were giving me different figures to me and to the company's accountant, I can see something else in the online account, so this will all be the best guess, which is why it's a bit hard to produce written evidence of what exactly has happened.

              I'm waiting for HMRC to send an updated letter regarding the correction of the extra income and updated tax code / correction on the tax owed to HMRC.

              I appreciate your help here (especially on a weekend). I understand this is getting tricky and will wait with my application before this tax issue is resolved and would then get in touch.

              Is it OK to send you a direct email at the time regarding private consultation re this issue?

              Many thanks,
              Jay

              Comment


              • #8
                Originally posted by jay13 View Post
                Dear Gabriella

                ...Is it OK to send you a direct email at the time regarding private consultation re this issue?
                If you wish to get in touch with Gabriella, you'll find her details here: Gabriella Bettiga - UKCEN Citizenship and Residence for European Nationals and their families

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  Hi, thanks, I'll get in touch with Gabriella on the email.

                  Thanks again everyone.

                  Comment


                  • #10
                    Best of luck and do keep us posted!

                    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                    Comment

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