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British Citizenship application Tax issue

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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pradeep90
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British Citizenship application Tax issue

Post by pradeep90 » Tue May 12, 2020 8:08 am

Hi friends,

I am new to this forum but i have heard that it is very helpful specially person like me who worried about applying naturalization. i had ILR since last 5 years through tier 1 general route, every thing is fine except previous tax discrepancy during tier1 extension.
i got tier 1 general and extension by showing 30k self employed earnings during tier1 visa extension and then got ILR , but i some how suffered losses after getting visas mentioned above so i paid less tax on less earnings than 30k but paid always in time nothing owe to hmrc.
my question is the form AN for nationality asks my tax reference and last 10 years employment history, would they check and dig my previous earnings tax discrepancy before ilr? could my ILR is at risk if i apply nationality?
Please someone advise me if they came across this type of cases?
Thanks
P

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alterhase58
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Re: British Citizenship application Tax issue

Post by alterhase58 » Tue May 12, 2020 9:32 am

Nobody here will be able to advise what exactly UKVI checks for naturalisation applications (under the British Nationality Act).
If the application is rejected you will not loose your ILR (granted under UK immigration regulations). ILR can be revoked if it was obtained fraudulently. I'm not aware or familiar with any such cases.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

pradeep90
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Re: British Citizenship application Tax issue

Post by pradeep90 » Fri May 15, 2020 9:08 am

Thanks for your reply.appreciate your time to reply. I will wait for any other members suggestions here

vaza
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Re: British Citizenship application Tax issue

Post by vaza » Sun May 17, 2020 10:43 am

It is not clear from your post what you mean by discrepancies. If you declared the 30k profit until the time of application but made the losses after that, the issue is tax year ended after the application. I think you have a defence if the losses/expenses have a clear date after the application, that is, you did not lie or exaggerate. You can clearly prove that.
Ask yourself if you declared the correct amounts for the subsequent application for ILR. Presumably you did and it was approved. You declared already these, so it looks OK for me, but no one knows whether HO will question this or anything - it is more of likelihood or how much defense you have.

If, however, you declared the income for the leave, but then found you can claim more expenses for the same period, then that looks like a willful omission. This will be harder to defend.

There were cases in the news where people amended tax returns. These will raise red flags for sure. Otherwise, it will be less obvious but there is no guarantee.

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Zerubbabel
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Re: British Citizenship application Tax issue

Post by Zerubbabel » Sun May 17, 2020 12:15 pm

My understanding is that they don't re-do HRMC job. I mean by that, they don't take your tax returns, plus all their supporting documents and review them against tax law of the time to see if you paid the correct amount of tax or if something has escaped to HRMC.

They ask HRMC if you paid your taxes without incidents. As long as HRMC doesn't hold any adverse information about you, they tick that box.

pradeep90
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Re: British Citizenship application Tax issue

Post by pradeep90 » Mon May 18, 2020 6:52 pm

[Thanks for your advise]
My understanding is that they don't re-do HRMC job. I mean by that, they don't take your tax returns, plus all their supporting documents and review them against tax law of the time to see if you paid the correct amount of tax or if something has escaped to HRMC.

They ask HRMC if you paid your taxes without incidents. As long as HRMC doesn't hold any adverse information about you, they tick that box.
[/quote]

pradeep90
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Re: British Citizenship application Tax issue

Post by pradeep90 » Mon May 18, 2020 6:54 pm

[Thanks]
It is not clear from your post what you mean by discrepancies. If you declared the 30k profit until the time of application but made the losses after that, the issue is tax year ended after the application. I think you have a defence if the losses/expenses have a clear date after the application, that is, you did not lie or exaggerate. You can clearly prove that.
Ask yourself if you declared the correct amounts for the subsequent application for ILR. Presumably you did and it was approved. You declared already these, so it looks OK for me, but no one knows whether HO will question this or anything - it is more of likelihood or how much defense you have.

If, however, you declared the income for the leave, but then found you can claim more expenses for the same period, then that looks like a willful omission. This will be harder to defend.

There were cases in the news where people amended tax returns. These will raise red flags for sure. Otherwise, it will be less obvious but there is no guarantee.
[/quote]

pradeep90
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Re: British Citizenship application Tax issue

Post by pradeep90 » Fri May 29, 2020 10:53 am

Guys,
any other advises for this? shall go ahead and make application?

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alterhase58
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Re: British Citizenship application Tax issue

Post by alterhase58 » Fri May 29, 2020 12:22 pm

From your postings there doesn't appear to be anything, on the face of it, that would be an issue. UKVI can and does ask for clarifications on the requirements if they deem it necessary. At this stage it's your dealings with HMRC that are important (i.e. are you up to date and/or complied with all arrangements).
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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Zerubbabel
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Re: British Citizenship application Tax issue

Post by Zerubbabel » Fri May 29, 2020 2:22 pm

You may want to read this just in case you feel you are into this pattern:

indefinite-leave-to-remain/10-years-ilr ... 01501.html

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