Tier 1 Extension refused - Benefit in Kind wasnt included

Hardikjshah83 · Post by **Hardikjshah83** » Sat Aug 17, 2013 11:25 pm

Hi All,

Seriously need help here,

I have main salary income of £35k, whereas, I have some Benefit in Kind, which was optional deduction I have choose to save on Tax.

1. £3000 ChildCare Vouchers.
2. £1200 Pension Deduction.
3. £1000 Share Save Scheme.
4. £4800 Company Car scheme.

Total Deduction : £10000, Taxable Income : £25000

I have been refused and it seems like they have only given me point for £25000 instead of £35000.

Please advise what are the chances of Appeal and how can i go about it.

To make things more complicated, my refusal letter was typed dated 27th July, sent by signed for recorded delivery but i have received it on 16th August, do i still have right to appeal, or have I not got any chance.

I only need 5 months to finish 10 years and such complications doesnt help

Any advise and support will be much appreciated.

Post by **geriatrix** » Sun Aug 18, 2013 1:42 am

What is the gross salary mentioned on your payslips?
What is the date of the postmark?

Hardikjshah83 · Post by **Hardikjshah83** » Sun Aug 18, 2013 11:14 am

sushdmehta wrote:What is the gross salary mentioned on your payslips?
What is the date of the postmark?

Thx for coming back to me. On my pay slip it doesn't show gross pay. Instead it says notional salary. And then in other section it separates other benefit such as bonus and sip(share income) that wasn't part of package.

Secondly on envelop it doesn't have any dates and also it's a signed for delivery but came with standard post and I am unable to track it

Post by **geriatrix** » Sun Aug 18, 2013 1:48 pm

Hardikjshah83 wrote:Instead it says notional salary.

Notional = existing as or based on a suggestion, estimate, or theory; not existing in reality.

Hardikjshah83 wrote:Secondly on envelop it doesn't have any dates and also it's a signed for delivery but came with standard post and I am unable to track it

If it is a signed for delivery, it would have a tracking number. Go down to the local PO and enquire why this was delivered without signature , and tell them you need a proof of delivery for the date it was delivered for you .. even if means you signing for a receipt there retrospectively.

Hardikjshah83 · Post by **Hardikjshah83** » Sun Aug 18, 2013 4:00 pm

sushdmehta wrote:
Hardikjshah83 wrote:Instead it says notional salary.
Notional = existing as or based on a suggestion, estimate, or theory; not existing in reality.
Hardikjshah83 wrote:Secondly on envelop it doesn't have any dates and also it's a signed for delivery but came with standard post and I am unable to track it
If it is a signed for delivery, it would have a tracking number. Go down to the local PO and enquire why this was delivered without signature , and tell them you need a proof of delivery for the date it was delivered for you .. even if means you signing for a receipt there retrospectively.

I have looked at hmrc website and found below about notional salary.

Statutory earnings-related payments such as SMP and SSP are calculated on cash earnings so will be affected by reductions in cash pay in return for non-cash benefits-in-kind. Whilst SMP and the other statutory payments must be based on cash earnings, employers can, of course, make payments over and above any statutory entitlement and may chose to base those additional payments on the original salary (often referred to as the "notional" salary). The employer can only reclaim statutory amounts calculated on cash pay in accordance with the statutory payment rules. On. http://www.hmrc.gov.uk/specialist/sal-s ... nswers.htm

Withit being Sunday today I will try to get the proof of delivery tomorrow.

Thx.

Hardikjshah83 · Post by **Hardikjshah83** » Mon Aug 19, 2013 9:38 am

If it is a signed for delivery, it would have a tracking number. Go down to the local PO and enquire why this was delivered without signature , and tell them you need a proof of delivery for the date it was delivered for you .. even if means you signing for a receipt there retrospectively.

thanks for your advise - i have been to delivery office and the guy took my signature this morning, now when i track it online it shows as delivered today. hope this means i cna now appeal on the basis of late delivery.

going back to 1st issue where they havent included my pension, childcare voucers and other benefits inkind, can you suggest any decent solicitors who can do my appeal?

thanks,

Hardikjshah83 · Post by **Hardikjshah83** » Mon Aug 19, 2013 1:17 pm

Can anyone suggest any good solicitor who can take my case for appeal. thx.

HarjSingh · Post by **HarjSingh** » Sun Oct 13, 2013 12:42 pm

Hi Hardik..
Can you please share the Appeal processing time...
when did you appeal..have you received the oral hearing date....

Harj

Hardikjshah83 · Post by **Hardikjshah83** » Wed Nov 13, 2013 12:46 pm

HarjSingh wrote:Hi Hardik..
Can you please share the Appeal processing time...
when did you appeal..have you received the oral hearing date....

Harj

Hi Harj,

i only just received the letter that my appeal will now process and the appeal date is set for Aug'14, - 8 months from now....

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Tier 1 Extension refused - Benefit in Kind wasnt included

Tier 1 Extension refused - Benefit in Kind wasnt included