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can anyone help me please.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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wiggsy
Senior Member
Posts: 849
Joined: Sun Jan 06, 2013 6:59 pm
Location: Warwickshire, UK

Post by wiggsy » Mon Aug 12, 2013 11:52 am

John wrote:marginal rate of tax higher than the client.
There is that, But Tax Accountants know ALL the "tricks" etc to reduce the income - the amount of tax I paid in the first couple of years that I didnt need to... - An accountant will not only help the client reduce taxation, but also reduce their own too...

IE: "Well thats a business mobile", "your office constitutes to 20% of all your homes utilities, so slap that in too", "Those 10,000 business miles reduces your income by £4,000" to name just a few of the basic things... then we have the 25% depreciation for sewing machines, computers, camera, ETC...

But I guess your right there... Considering the Accountant will most likely be an higher rate, it could well be better for the tax man ... (lets hope they don't make the forms more complicated :P)
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

Sherenai
Newly Registered
Posts: 12
Joined: Thu Aug 08, 2013 2:24 pm

Post by Sherenai » Mon Aug 12, 2013 3:09 pm

John wrote:
I do complete my tax return through self assessment account on HMRC website, but don't go through those details.
Put my approx earning and that's it.
Why? That is, why are you not putting accurate figures on the tax return? Surely you are keeping accurate records of all your business transactions?

Tell more about your self-employment. What is it you do? How much time per week does your self-employment take up? I am trying to get an idea whether your self-employment is ''genuine and effective'', or whether it is ''marginal and ancillary''.

And given the refusal you have encountered, whether that is an appeal or a new application, what evidence of self-employment will you provide next time?
i make clothes work from home. i work 2 to 3 hours daily and i put 14 hours in my self assessments forms.
i deal cash in hand most of the time as i did not know about all this hassle before. most of the time i work for small family run business in the area. but never had any sorts of documentation. but they are welling to provide letter and they may have kept other records which i dont know about.
i can provide the following documentation.
1) may 2008 to feb 2009 (HMRC letter confirming my earning and employer letter along HMRC.
2) feb 2009 to march 2009 (letter from job centre)
3) march 2009 till present (self assessment letters from HMRC +bank statement showing NI paid to HMRC+ two self assessment forms (i have paid NI for all of my self employment but self assessment from is only filled twice).+invoices that will show stuff bought for my work use+ letter from the people i makes clothes for confirming my self employment. :
tenancy agreement+utility letter almost all of the letters will be council tax letter. to confirm my 5 years stay in the uk.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Aug 12, 2013 3:24 pm

No one is denying that you have been in the UK for over 5 years. The query is whether you are able to prove you have been exercising Treaty Rights in the UK as a self-employed person.

Based upon what you are now saying it is clear to me that you have indeed been exercising Treaty Rights in that way. So appeal, and provide good evidence that you have indeed been self-employed since March 2009.

But I do not understand "i work 2 to 3 hours daily and i put 14 hours in my self assessments forms.". Where on the Self Assessment forms does it ask for the number of hours worked? On the Tax Credits forms, I could understand that, but on the Self Assessment forms?
John

Sherenai
Newly Registered
Posts: 12
Joined: Thu Aug 08, 2013 2:24 pm

Post by Sherenai » Mon Aug 12, 2013 4:34 pm

John wrote:No one is denying that you have been in the UK for over 5 years. The query is whether you are able to prove you have been exercising Treaty Rights in the UK as a self-employed person.

Based upon what you are now saying it is clear to me that you have indeed been exercising Treaty Rights in that way. So appeal, and provide good evidence that you have indeed been self-employed since March 2009.

But I do not understand "i work 2 to 3 hours daily and i put 14 hours in my self assessments forms.". Where on the Self Assessment forms does it ask for the number of hours worked? On the Tax Credits forms, I could understand that, but on the Self Assessment forms?
thank you very much.
and you are right about putting hours in self assessment form it was indeed tax credit form i had in mind.
in the right for appeal section.what they wrote.
the appeal must be made on one or more of the following.
1) that the decision is unlawful because it recially discriminates against you.
2) that the decision breaches rights which you have as the family member of an EEA national under community treaties relating to entry to or residence in the uk.
3) that the decision is otherwise not in accordance with the law.

if you are in position to submit the necessary info to support your application for PR you may wish to submit a further application for consideration.

all three options that have been given do not apply to my situation., but i can provide more evidence do you think i have a case to appeal.
thank you once again

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Tue Aug 13, 2013 10:37 am

Sherenai wrote:
John wrote:No one is denying that you have been in the UK for over 5 years. The query is whether you are able to prove you have been exercising Treaty Rights in the UK as a self-employed person.

Based upon what you are now saying it is clear to me that you have indeed been exercising Treaty Rights in that way. So appeal, and provide good evidence that you have indeed been self-employed since March 2009.

But I do not understand "i work 2 to 3 hours daily and i put 14 hours in my self assessments forms.". Where on the Self Assessment forms does it ask for the number of hours worked? On the Tax Credits forms, I could understand that, but on the Self Assessment forms?
thank you very much.
and you are right about putting hours in self assessment form it was indeed tax credit form i had in mind.
in the right for appeal section.what they wrote.
the appeal must be made on one or more of the following.
1) that the decision is unlawful because it recially discriminates against you.
2) that the decision breaches rights which you have as the family member of an EEA national under community treaties relating to entry to or residence in the uk.
3) that the decision is otherwise not in accordance with the law.

if you are in position to submit the necessary info to support your application for PR you may wish to submit a further application for consideration.

all three options that have been given do not apply to my situation., but i can provide more evidence do you think i have a case to appeal.
thank you once again

Believe it or not: A non-eu i know recently got his EEA2 resident card ( 5 years ) just by submitting 1 year Volunatary National Insurance Contributions slips of his wife to prove self employment. ( no Bank statement, No invoice, No receipt )

That's all to prove his wife is exercising treaty right in the UK

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