In Agent Update 139, HMRC that says the updated guidance is intended to help taxpayers and agents understand what information must be included when submitting an overpayment relief claim, in order to avoid unnecessary refusals.
HMRC reiterates that overpayment relief claims must be made in writing and must clearly state:
- that the claim is for overpayment relief;
- the tax year for which too much tax was paid or assessed;
- why too much tax was paid or assessed;
- the amount of tax overpaid or over assessed;
- whether an appeal has, or has not, previously been made in respect of the same payment or assessment — explicitly using the word “appeal”; and
- a signed declaration confirming that the information provided is correct and complete to the best of the claimant’s knowledge and belief. The declaration must be signed by the following as appropriate, not the tax agent:
- the taxpayer, if the claim is for an individual;
- a company officer, if the claim is in respect of a company; and
- the nominated partner, if the claim is in respect of a partnership.
According to HMRC, the two most common reasons for claims being rejected are:
- failure to indicate whether a previous appeal has been made, explicitly using the word “appeal”; and
- the declaration not being signed by the correct person.
ICAEW members had contacted the Tax Faculty’s Business Tax Committee to report that claims had been rejected for failure to refer explicitly to an “appeal”. Members said that the rejections were contributing to delays and frustration when attempting to secure repayments.
ICAEW’s Business Tax Committee
The Tax Faculty is ICAEW’s voice for tax. The work of its technical staff is supported by the active members (also known as volunteers) on its committees and sub-committees. To find out more about the committees, including how to join, please see the contacts page.
Further information
MTD live
Join HMRC, ICAEW’s Tax Faculty, leading software providers and experienced practitioners to explore the practical realities of MTD for income tax.
The Tax Faculty
ICAEW's Tax Faculty is recognised internationally as a leading authority and source of expertise on taxation. The faculty is the voice of tax for ICAEW, responsible for all submissions to the tax authorities. Join the Faculty for expert guidance and support enabling you to provide the best advice on tax to your clients or business.