Making an overpayment relief claim

Making an overpayment relief claim with HMRC may be appropriate where you have made a mistake in your tax return. Equally importantly this mistake results in a greater tax liability than should be the case. Additionally a claim may be appropriate where HMRC makes a tax determination that you believe to be incorrect.

Making an overpayment claim

Making a claim

As a successful claim results in a reduced tax liability, typically HMRC are pedantic when reaching any agreement. Therefore when making an overpayment relief claim it is important to ensure the following details are submitted.

  • Most importantly, the claim must be in writing and made by the person who is due the relief. Where it is a partnership, all the partners must agree to the claim. What's more this is  regardless of whether or not they themselves have overpaid or been over-assessed as a result of the mistake. One partner must be nominated to make the claim.
  • Secondly, state the legislative reference as part of the claim.
  • Next, identify the tax year for which the mistake or excessive assessment has been made.
  • Also, explain why you consider that an overpayment or excessive assessment has occurred.
  • Plus, state the total amount of tax and Class 4 NICs, if applicable, that has been overpaid, or subject to excessive assessment
  • Additionally, you should confirm whether you have previously appeal in connection with the payment or the assessment.
  • Finally, you'll need to Include a signed declaration confirming the details provided are correct and complete to the best of your knowledge and belief.

Furthermore if you are making a tax repayment claim, you must have documentary proof of the tax deducted or suffered. This is because HMRC may require this to be provided at a later date.

When a claim is not appropriate

There are a number of circumstances where HMRC consider that a claim for overpayment relief is not appropriate. Broadly speaking these cover scenarios, such as you failing to make an election in time, or where assessments have already been determined at a tax tribunal.

An overpayment relief claim is inapplicable where the tax was calculated in accordance with prevailing practice at the time. Whether there was a practice generally prevailing is a question of fact. 

Time limits

If you are making a claim for overpayment relief it must be submitted within four years after the end of the relevant tax year, For example, a claim for the 2020/21 would need to be made by 5th April 2025

HMRC might accept a late claim on a discretionary basis depending on the facts of the claim. 

Summary

Making an overpayment relief claim can be a valuable method of reducing an earlier year's tax liability due to a previous error. However it's important to ensure that it is submitted to HMRC in the correct format and within the time limit to ensure a successful outcome. 

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