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12 January 2010
Issue: 4238 / Categories: Forum & Feedback , Income Tax
An elderly client owed tax on property income, which HMRC erroneously failed to recover by adjusting her PAYE code number. The department is refusing requests that the liability be waived under ESC A19

We act for a client who has a very low income and works part-time as a teaching assistant under PAYE.

Her only other income is £5 000 from property. Previous years’ tax returns have been submitted on a timely basis with requests for the underpayment of tax arising on the property income to be collected by a restriction in the following year’s notice of coding.

This applied for the underpayments for the years ended 5 April 2007 and 2008.

Unfortunately HMRC did not code out the underpayment neither did they issue us with a copy of the notice of coding.

The non-collection of these underpayments has come to light in the course of preparing the tax return for the year ended 5 April 2009.

We applied to HMRC to have the underpayment for 2006/07 set aside under extra-statutory concession A19 on the basis of their negligence to act...

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