Immigrationboards.com

Dear All

Get Tier 1 general in 05/2011
Extension in 05/2013 Upto 05/16
ILR due in 04/2016

Self Assessment As self employed in 2011, contradiction between income shown to HO & HMRC by the mistake of Actt which revealed just now in 03/16.

Amended Tax Return sent in 03/16, not updated as yet by the HMRC. Tax payable a huge amount of 20k.

Questions are as:
1- HMRC how much time will taken to update the amended tax return of 2010/2011
2- Will they charge Penality or interest in up front the payable amount
3- Does Home Office can still considered as Deception even though amended by self
4- Unable to pay £20k in One Go before submission the application. As I have to pay £14k to Home Office fee for me & 5 dependent
5- Was that enough to declare the tax in amended return & sort out the instalment with HMRC, is it should be ok?
6- Does Home Office can raise objection regarding payable amount why not cleared?
7- Is it better option to go to window alone & then after can apply for dependent. All dependant came to UK before 06/2012.
8- In worst scenario visa refused then what will be the status of dependent & what options can be used

Sorry for many questions & thanks in advance

While emphasising the fact that this is not a tax forum and we have no active tax specialists advising, I would strongly advise you not to apply in person. This forum has been flooded with Tier1-G tax 'discrepancies' but this one of £20,000 is by far the highest amount that needs to be 'amended' and you will be unable to blame this 'error' on your accountant. IMHO I believe you should be prepared to have your ILR application rejected. The case worker is very likely to see this as deception and only being rectified now due to your concern that it will be uncovered by the HO.
It's well known that the one Government department you don't mess with is HMRC (tax and VAT). Seek urgent professional advice.

Edit: The Case Worker won't take it well that you've used the money from your overdue tax payment to pay for you and your family's ILR application.

Send application by post because HMRC will take their time to do any adjustments.

Also either is 20p or 20k or 200k it doesnt matter because even if its 20p you still owe money to tax department.

Interest and penalties on 20k would be roughly 4k per year tax it's overdue, fag-packet calc. Additionally compounded over 4/5 years, that's an eye-watering amount. Prolly another £20/24k.

As you signed off the accounts the mistake is yours, not the accountants so that won't wash I'm afraid.

HMRC play hard-ball I'm afraid, don't expect any sympathy from them, Gideon will want his money and fast.

I got my tax amended just about 2 weeks ago and it was 17K to be paid out, actual tax. So paid it same day and then after 2 days I logged in to my HMRCH online account and there was interest on this of £1465 that I have not paid yet. There were no penalties. The interest was made up of both 2011 and 2013 tax years and 80% was 2011 tax year interest. So for 20K I would say its going to be about the same my be up to 2K interest. Be prepared to pay all before your application or face rejection. Mine is already rejected

In addition to jimtoole's post, you may want to read through the information in this link - SALF308A - Payment of tax: automatic interest and late payment penalties: late payment penalties on unpaid Income Tax and Capital Gains Tax for 2010-11 onwards:
http://www.hmrc.gov.uk/manuals/salfmanual/salf308a.htm

Under paragraph 16, liability to a late payment penalty does not arise where the taxpayer satisfies HMRC or (on appeal) the First-tier Tribunal or Upper Tribunal, that there is a reasonable excuse for the failure. For this purpose:
1 - an insufficiency of funds is not a reasonable excuse unless attributable to events outside the taxpayer’s control
2 -reliance on any other person to do anything is not a reasonable excuse unless the taxpayer took reasonable care to avoid the failure

In other words:
1- Diverting the overdue tax payment in order to pay for your ILR visas won't be a reasonable excuse for not paying HMRC
2 -You can't blame your accountant as an excuse for the errors.

If/when the ILR applications are refused, you will lose the visa fees. When do you and your family's leave expire?

I thought this is not a tax forum or may be it is when it suits the moderators to answer.

I am feeling really annoyed with the Moderators attitude ... They lock the post saying that not a tax forum and thus reply to other tax posts they like ...

You can please some of the people, some of the time....but not all of the people all of the time.
You replied in the thread...but now object and want it locked. OK, I'll lock it and face complaints from all the members who want to keep it running.
Believe me, Moderators really can't win.

And by the way after only 2 weeks of membership and 7 posts, it may be too hasty to start complaining about how the forum is managed.

Dear All

I wanna apply ILR from Tier 1 General on SET (O) form. My dependants came UK before 06/2012.
1- I wanna go Premier Service same day by myself without dependants. Which is best scenario:

Optio A:
When I will get ILR then I want to submit the dependants application through post to save the £500 each.
Option B
Shall we go all together but have to pay extra £500 each which I D'nt like.

1- If unfortunately I refused at PEO, is it possible I can even send the application of dependants as per scenario A
2- Which kind of applications/form I need to send
3- Some one telling me if I get the visa then Home Office will not issue ILR to dependants. HO can consider ILR dependant instead of Tier 1 General dependant. Is it possible?
What will be PROS & CONS.

You can do either option A or B, it is your choice. Your dependents can apply after you by post.

1- If unfortunately I refused at PEO, is it possible I can even send the application of dependants as per scenario A

If your ILR is refused, your dependents cannot apply for ILR either. If you apply together and yours is refused, theirs will also be refused. They are dependent on your status.

2- Which kind of applications/form I need to send

Application for for what? ILR? Dependents apply on form Set(O)

3- Some one telling me if I get the visa then Home Office will not issue ILR to dependants. HO can consider ILR dependant instead of Tier 1 General dependant. Is it possible?

'Someone' is talking nonsense. Your dependents can get ILR, if you are approved, after you by post if that is what you want to do and they meet the requirements. They DO NOT have to apply for FLR(M) - (i.e. ILR Dep) visa. FLR(M) will reset their clock to zero and will be a new 5 year path to ILR.

Thank you very much CR001

1- If I only apply at PEO & get refused. As you told me I will be unable to apply my dependents for ILR then there visa will be expired. What's the best advice. What I need to do to avoid them from overstaying.

2- I know SET(O) form for dependants but Which type of application/form I need to apply for my dependants if I got refused the visa.

3- If I get ILR at PEO then later on I can submit dependant application by post and they will get ILR as they are in UK before 06/2012. Is it true?

1- If I only apply at PEO & get refused. As you told me I will be unable to apply my dependents for ILR then there visa will be expired. What's the best advice. What I need to do to avoid them from overstaying.

Their status will be the same as yours. If you don't have a visa, they don't have a visa.

2- I know SET(O) form for dependants but Which type of application/form I need to apply for my dependants if I got refused the visa.

There isn't one. They can only apply based on you. Unless your spouse qualifies for a visa in her own right, there is no 'magic form' they can use to remain.

3- If I get ILR at PEO then later on I can submit dependant application by post and they will get ILR as they are in UK before 06/2012. Is it true?

Yes, provided they meet all the requirements.

Dear All

I'm on Tier 1 General & my 5 dependants are PBS dependant since 06/2012. 1st week of May16 we decided to go to Premier Service. Our visa is going to finish 9/5/16. Some questions needs to be answered for help.
1- Does we need to pay any health surcharge
2- Is there any maintenance required for me or dependants.
3- Is it good option, at 1st only I need to go PEO without dependants & get ILR. After that apply for dependants ILR through post on the basis of mine. The reason applying seperatly to save £2500 i.e 500x5
4- What happen if visa refused. What options available as our visa ending 9/5/16
5- Due to some reasons I have to go at Premier service, c'nt wait for long.
6- My son is 20years, he's studying. Can I apply his application as dependant on the same form or separate form after getting ILR. What documents required for him. We all together living same address. Thanks

Mod. team - I have merged multiple topics (and unlocked the topic previously locked).


OP,
1. Read FAQs for ILR - Tier 1G/Tier 2/WP/HSMP - Read before posting
2. As above.
3. If the tax issues highlighted above have not been resolved, it is almost certain that the application(s) will be deferred pending further checks / verifications or even refused then and there! I am not sure why you are wasting money on in-person application - for yourself and also your dependants.
4. Administrative review (only).
5. Already answered in the posts above.

Visa: Tier 1 general
Expire: 10/5/16
Year: 2010-11 self employed (Sole Trader)
Year: 2011/12 to 15/16 Director Ltd Co.
Dependants: Came UK March 2012

On 5/5/16 attended Croydon PEO only me. Not decided the case instead ask me to wait for phone call.
1- Assuming that I will get the ILR same day, then dependant application will submit by post to avoid extra money.
2- As I'm waiting phone call, but my dependant visa is going to finish in 2 working days i.e 10/5/16, That make me uncomfortable.
3- What options I can use now?
4- Which form I need to send for my wife & children due to my case is pending in HO since 5/5/16.
5- Is SET Or form for dependant or any other suggestions, please. Thx

Don't tell me, tax discrepancy, not your fault?

PBS dependant leave to remain form.

@wanderer

Please throw the light on the question given below:
Which form I need to send for the dependant, as my application is pending in HO from 5/5/16.
5- Is SET (O) or any other form for dependant or any other option at current scenario.

@geriatrix
Thank you.
As you tell me PBS dependant form. As you know my application is pending. The outcome will be either approved or refusal.
1- if visa granted to me as main applicant, does on this form they will get straight way ILR as they are in uk be4 7/2012 or they will extends their visa for a limited period. Pls explore. Thx

"£20k tax bill
£14k application fee"

@c4click I wish you luck.
All the best

If your dependants apply for settlement using SET(O) form and your ILR application is refused then their application will also be refused.
If your dependants apply for PBS dependant leave and your ILR application is refused then their PBS dependant application will also be refused.

If your dependants apply for settlement using SET(O) form and your ILR application is approved then their application will also be approved..
If your dependants apply for PBS dependant leave and your ILR application is approved, then they may vary their applications from PBS dependant to SET(O).


Your choice, what you wish to do.

Dear Geriatrix
Bundle of thx,

Which is more convenient, I mean fees are the same or difference. Ine thing more, my daughter 19, she's living the same address, still dependant. Does the same application form or which one. Thx

Check the respective forms for the fee.
Same form that your spouse will use.

Much greatful for your cooperation

aamirwani wrote:"£20k tax bill
£14k application fee"

and a large family

c4click wrote:me & 5 dependent

The OP needs all the luck he can get, especially with an almost certain negative decision.