ILR Less Tax Paid

ranaji82 · Post by **ranaji82** » Thu Jun 04, 2015 3:42 pm

Hello Dear Forum Members,

After reading the post regarding less tax paid etc , I have a question. During the initial Tier 1 General application if some one require to show 35k and the person showed 42k but later on paid tax on 35k as this the minimum requirement for earning. Does this act still comes under deception ? Does this effect ILR application despite getting successful extension ?

cs95tdg · Post by **cs95tdg** » Thu Jun 04, 2015 4:14 pm

If I've understood your post correctly you initially applied for a t1 extension claiming points on 42k of income, for which you only paid taxes on 35k. Please correct me if I've misunderstood.

If my understanding above is correct then yes I'd say this would fall tax evasion because you failed to declare 8k of income to HMRC & therefore have underpaid taxes. When the HO conduct their checks during your ILR application, they would discover this. Have you already made arrangements with HMRC to make the necessary payment to correct this? And what was the reason for this difference of 8k? At a glance it would fall under deception.

Note that checks for your IlR application would be done independent to the checks that were done for your T1 application. So the fact that the initial application was approved is irrelevant here.

ranaji82 · Post by **ranaji82** » Thu Jun 04, 2015 4:29 pm

Thank you for the reply. Reason why I have paid tax on 35k is that that's the minimum earning I have to prove. In other words if I am going to claim earning points on 35K I am still able to meet require points. It has been advised to me from a friend. I don't no how to make arrangement with HMRC to rectify this. Would you able to help me please ?

rukmesh · Post by **rukmesh** » Thu Jun 04, 2015 4:32 pm

Ask that friend of yours who advised you how to save taxes ..

ranaji82 · Post by **ranaji82** » Thu Jun 04, 2015 4:42 pm

Dear rukmesh please no fun. If you are able to help please advise.

cs95tdg · Post by **cs95tdg** » Thu Jun 04, 2015 4:48 pm

ranaji82 wrote:Thank you for the reply. Reason why I have paid tax on 35k is that that's the minimum earning I have to prove. In other words if I am going to claim earning points on 35K I am still able to meet require points. It has been advised to me from a friend. I don't no how to make arrangement with HMRC to rectify this. Would you able to help me please ?

Ok, so I did partly misunderstand your post. Were you self employed during this period? You should contact HMRC to make the necessary arrangements depending on your own circumstances. I personally cannot provide further guidance on this, other than share the contact details below.
https://www.gov.uk/government/organisat ... -employees

Another recent topic that may be of use to you...
http://www.immigrationboards.com/uk-tie ... 87515.html

ranaji82 · Post by **ranaji82** » Thu Jun 04, 2015 5:07 pm

Dear "cs95tdg" thank you for your help.

quantum1 · Post by **quantum1** » Thu Jun 04, 2015 10:08 pm

It's still deception since you deceived home office. You should have just told the truth

ranaji82 · Post by **ranaji82** » Fri Jun 05, 2015 9:53 am

quantum1 wrote:It's still deception since you deceived home office. You should have just told the truth

Dear quantum1 please try to understand I didn't device home office. I have required 35K to claim earning points and I have paid tax on 35k any way. You might says that I didn't show my whole income to HMRC which was 42k at that time. It is nothing to do with Home office.
My question is if some one paid tax on the income required for the earning points in my case it was 35k , why do I have to declare rest of the income to Home Office ? Yes I agree I have to declare actual income to HMRC but it's nothing to do with HO. So please don't accuse any one about deception etc etc . It's the matter with HMRC not with HO and any one can settle any dispute with HMRC at any time .

ranaji82 · Post by **ranaji82** » Fri Jun 05, 2015 10:28 am

let me clarify my question. I have applied 1st Tier 1 application in November so I have showed m earning between Oct-NOV. I need 35k to claim required points. I declared 42k to HO but paid tax on 35 k later on. So in my case no dodgy pay slips or company involved or there is no other issues apart from I earned more and paid tax only that income which I have to show to HO to claim earning points.

Wanderer · Post by **Wanderer** » Fri Jun 05, 2015 1:14 pm

Sounds like deception pure and simple to me. In UK we call it 'fiddling your taxes'.

ranaji82 · Post by **ranaji82** » Fri Jun 05, 2015 2:02 pm

Wanderer wrote:Sounds like deception pure and simple to me. In UK we call it 'fiddling your taxes'.

O.K. Is there any solution for this?kindly advice.

Post by **vinny** » Fri Jun 05, 2015 2:07 pm

Pay the correct taxes including any penalties.

Wanderer · Post by **Wanderer** » Fri Jun 05, 2015 2:11 pm

vinny wrote:Pay the correct taxes including any penalties.

And interest. In the IT contracting industry there's a lot of focus now by HMRC on EBT tax avoidance etc, the penalties are horrendous, the interest crippling.

As per Vinny's suggestion fess up, pay up and hopefully that will be an end to it.

ranaji82 · Post by **ranaji82** » Fri Jun 05, 2015 2:12 pm

vinny wrote:Pay the correct taxes including any penalties.

Thank You vinny. I sill have time so I'll do it. Thanks again .

anumkh · Post by **anumkh** » Fri Jun 05, 2015 2:26 pm

Hi all , after reading this threat I have a question. I have asked before but still confuse. When I applied my initial Tier 1 application I have mentioned total Gross income instead of total gross for tax. I was in Travel and subsistence scheme. So my total gross was 29k and my total gross for tax for 23k according to P60. I didn't know about that because I have recieved my p60 later. At that time I was even don't know about the b/w Total gross and total gross for tax . I am not blaming my company because mostly companies doing same practice which is legal according to my understanding .
Because I have mentioned 29 k but taxable income was 23k which is still fulfilling my earning requirements , does this effect my ILR application? If yes please give me a professional advice to fix it up.

cs95tdg · Post by **cs95tdg** » Fri Jun 05, 2015 4:05 pm

anumkh wrote:Hi all , after reading this threat I have a question. I have asked before but still confuse. When I applied my initial Tier 1 application I have mentioned total Gross income instead of total gross for tax. I was in Travel and subsistence scheme . So my total gross was 29k and my total gross for tax for 23k according to P60. I didn't know about that because I have recieved my p60 later. At that time I was even don't know about the b/w Total gross and total gross for tax . I am not blaming my company because mostly companies doing same practice which is legal according to my understanding .
Because I have mentioned 29 k but taxable income was 23k which is still fulfilling my earning requirements , does this effect my ILR application? If yes please give me a professional advice to fix it up.

I'm not sure what more can be said in relation to your specific question, which you had raised previously under the following thread. The response there is quite elaborate and clearly explains what a salary sacrifice scheme is and that it is a legitimate/legal way to reduce ones tax liability (especially in cases where someone is a higher rate tax payer) and should not pose a problem either with HMRC or the HO. Please do re-read the information that was already provided for clarity. This scheme is something that you should have knowingly opt'ed in for, even though it appears that you were not aware of the tax benefits that you would receive at the time you opt'ed in.

http://www.immigrationboards.com/uk-tie ... l#p1183626

anumkh · Post by **anumkh** » Fri Jun 05, 2015 5:00 pm

Hi ( cs95tdg) Thanks for your reply. Really appreciate.

cs95tdg · Post by **cs95tdg** » Fri Jun 05, 2015 5:04 pm

anumkh wrote:Hi ( cs95tdg) Thanks for your reply. Really appreciate.

You're welcome & Good luck with your application.

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ILR Less Tax Paid

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