HMRC penalties

[confused90]

Hello all,

I shall be eligible to apply for ILR in a few months.
I've received a civil evasion penalty of £227 for failing to declare dutiable goods.

I've spoken to the caseworker at HMRC and explained it was a mistake on my behalf, but she insisted that since it was my mistake I deserve to be fined for the same.

I am willing to pay off the fine, but would it have any effect on my ILR application under good character requirement? Never had any fines or penalties prior to this.

Kindly advise.

Thanks

[mnaeem126]

No. Not at all if you have paid it..

[confused90]

No. Not at all if you have paid it..

Thank you for your reply. Would I have to declare it though?

[mnaeem126]

I dont think so and it would not be a problem. Even when you amend the tax, HMRC penalises the applicants but it is never a problem with the home office. Seniors can comment on it.

[hellonewhere]

Hello all,

I shall be eligible to apply for ILR in a few months.
I've received a civil evasion penalty of £227 for failing to declare dutiable goods.

I've spoken to the caseworker at HMRC and explained it was a mistake on my behalf, but she insisted that since it was my mistake I deserve to be fined for the same.

I am willing to pay off the fine, but would it have any effect on my ILR application under good character requirement? Never had any fines or penalties prior to this.

Kindly advise.

Thanks

Hi,

Is that a fine for failing to declare goods in excess of your allowance when stopped before clearing customs controls?. It comes under civil penalties as you mentioned.

If the ILR form states that civil penalties needs to be declared,then I assume you will have to.

Someone else can comment further.

[confused90]

Is that a fine for failing to declare goods in excess of your allowance when stopped before clearing customs controls?. It comes under civil penalties as you mentioned.

If the ILR form states that civil penalties needs to be declared,then I assume you will have to.

Someone else can comment further.

Yes, it's a civil penalty

[hellonewhere]

Is that a fine for failing to declare goods in excess of your allowance when stopped before clearing customs controls?. It comes under civil penalties as you mentioned.

If the ILR form states that civil penalties needs to be declared,then I assume you will have to.

Someone else can comment further.

Yes, it's a civil penalty

It's been a while since I did my ILR application so lets wait for others' view.

In my humble opinion, if the form states that a civil penalty needs to declared, then it has to be.

[mnaeem126]

I think being penalised in paying dues to HMRC does not come under any civil penalty under the UK immigration acts, if I am not wrong. Secondly it is fixed one, not the judgemented one i.e. court has not ordered you to pay it.
https://www.gov.uk/government/uploads/s ... 310309.pdf

[mnaeem126]

"A Civil Penalty under the Immigration Acts relates to employing those without the right to work - it does not therefore apply to dropping litter on the floor. You do not need to disclose your fixed penalty for littering."
As per my understanding the financial matters do not come under immigration acts unless there is deception in filing the different tax returns what was claimed to Home Office.

[confused90]

Thank you for your kind and positive replies

[silentsmile]

Hi

Could you please explain why you got plenty situation with hmrc. I would like to know what was the mistake.


I know u have solved your confusion.

Thanks

[sooras]

Hello all,

I too have received HMRC penalty notice for late filing of the self assessment tax return. I am still not sure if I have to mention this as a civil penalty. Could anyone who got similar HMRC fine share their experience please?

[sooras]

Got reply from home office on civil penalties.
From: Criminality Policy Guidance Queries <CriminalityPolicyGuidanceQueries@homeoffice.gsi.gov.uk>
Date: <removed>
Subject: Question on Civil Penalty details
To: <removed>



Dear <removed>

 

Thank you for your enquiry.  Apologies for the delay in replying to you.

 

A civil penalty under Immigration legislation is a penalty issued to an employer if they employ illegal migrant workers. For example when they know that the migrant does not have permission to work, or without conducting the proper checks only to find out later that the migrant does not have the appropriate permission.  The HMRC penalty that you have referred to is not a civil penalty under the UK Immigration Acts.

 

·         However you should be aware that the question at 7.3 asks the following, which includes a request for information about any civil judgments against you, so you will need to seek advice regarding whether the HMRC penalty and the current proceedings are considered a civil judgment.

 

7.3 Do you or any dependants who are applying with you have any civil judgments against you or any civil penalty under the UK immigration acts?

Yes

go to question 7.4

No

go to question 7.5

 

We would usually advise that you disclose any information that you consider relevant so that the decision maker can consider it, alongside any information received from checks with other Government Departments.  

 

Regards
<removed>

*************************************"*

In my case this response from home office was bit delayed and I have already been granted ILR without mentioning this late return penalty in the application form.

I have already appealed against this penalty to HMRC and now looking forward to a decision on that now.

On a different note please read this

http://www.theguardian.com/politics/201 ... ne-appeals

[confused90]

I'm applying for ILR this week, and still unsure if I should list the civil evasion penalty or not

Kindly suggest.

[smartofficer]

I'm applying for ILR this week, and still unsure if I should list the civil evasion penalty or not

Kindly suggest.

hi there
what is the result of your ILR. I have penalty from HMRC for late tax paying in 2012, £101 which I paid after 1 month. But I did not mentioned it. Is it going to affect any decision. ?
hope to hear from you.

[smartofficer]

Hello Guys. 1 quick question

I have ordered my 5 years history from HMRC. And i got to know that during my second extenstion 2012-13 i have claimed my earning from 4th may 12 to 5th may 13 was more than 35k. But tax return from 6th april 12 to 5th april 13 was under 35K . The earning was claimed from may 12 to may 13. But tax return was 6th april 12 to 5th april 13. So i am just wonder HMRC got all 6th april to 5th april. How they going to find out that I have paid correct taxes according to earning claims. Because there was gap of 1 month and extra 1 month during tax years.
But there was not tax amendments which i have claimed and paid tax on all earnings which ever i claimed.

Because when we file to HMRC we cannot hide the gap months which i showed to UKBA. That means 1 income which we claimed to UKBA in past 12 months is going to Split in 2 years end to HMRC.

In my case may 12-may13 income is going in 2 slots.
1. 6th april 2012- 2013
2. 6th april 2013 -14.

Please guide me. By the way I am going to have detailed discussion on monday with my Accountant.

I am afraid that Might be the reason some of cases got refusal.

I welcome discussion on it. So that we know how we can secure legally and with all truth and get prepared if anything get refusal on that cases.


still waiting in my case.