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England This advice applies to England: England home Advice can vary depending on where you live. Complaining about benefits services This advice applies to England Print. HMRC deals with an enormous volume of correspondence with taxpayers each year. It receives in the region of 50 million phone calls, 12 million letters and one million iForms. Together with other interactions, HMRC processes around two billion transactions per year.
A complaint is registered by HMRC when the dissatisfaction cannot be resolved at the first point of contact. Complaints follow a tiered structure. Tier 1 is the first step, where HMRC will attempt to resolve the complaint by reviewing their records. HMRC say that they are moving towards phoning or emailing the complainant to resolve complaints at this level, rather than delay the process by writing.
Where appropriate, HMRC will also apologise as part of the process of putting things right. Mistakes and delays may cause you a great deal of worry or distress. HMRC say they realise how upsetting this can be. They may be able to pay you an amount to recognise your particular circumstances and so apologise for the way they have treated you.
HMRC do not intend for these payments to put a value on the distress you have suffered, but that does not mean that you should hold back from asking for substantial compensation where merited, for example if HMRC's actions have made you unwell. Examples of the amounts HMRC should be prepared to pay can be found in the histories set out in annual report by the Adjudicator.
You can find these reports on the Adjudicator's website. You may be able to claim compensation, however, if HMRC took an unreasonable view of the law or failed you in some other way. If HMRC handle your complaint badly, they may pay you a further sum. For example, if you sent them a reminder and there was a further delay in their response. All such compensatory payments are tax free and you do not need to declare them for tax purposes or show them on your tax return. You can see an example of how this works in Jo 2.
HMRC made a mistake with Jo's tax. The matter took a long time to resolve and several letters and two long telephone calls lasting over an hour at Jo's expense. In the end Jo lodged a complaint regarding the excessive delay. The delay meant that Jo had to pay too much tax and she incurred bank overdraft charges as a result of overpaying her tax. Jo kept details of all the letters she sent and receipts from the local post office for the cost of postage.
She lodged a claim with HMRC for the amounts she paid and sent copies of all the receipts together with the relevant telephone bills and bank statements to support this. She received a cheque from HMRC for the amounts claimed, after the complaint was settled. Alternatively, she could have made an interim claim before the complaint was settled and then a final claim for any further costs afterwards.
Jo was very unhappy at the way she had been forced to send several letters and make telephone calls lasting over two hours before her problem could be resolved. She decided that she had a case for compensation for both worry and distress and additionally for further amounts because of the long wait before the tax was repaid. She wrote to HMRC claiming both types of compensation. In the circumstances it was decided that Jo's argument was valid and a compensation cheque was issued to her.
The complaints process for tax credits is similar to that set out on this page for tax. Skip to main content. Updated on 20 July Tax basics. What are my rights and responsibilities in connection with tax? When can I complain? There are many things that may form the basis for a complaint.
Do you think you: have had to wait too long? You may feel that you have not received due consideration for any particular needs you might have, because of, a disability, your age or not having English as your first language. How do I make a complaint? You should tell HMRC that you are unhappy and wish to complain. What can I do if my complaint is not resolved to my satisfaction?
When do I go to the Adjudicator and the Ombudsman? The Adjudicator If you are still unhappy after the HMRC complaints procedure has reached its conclusion, you can ask the Adjudicator to look into your complaint. The Ombudsman You may contact the Parliamentary and Health Service Ombudsman , who investigates cases where bad administration by any government department has led to an injustice that has not been remedied. The Ombudsman does not normally look at cases until they have been through the Adjudicator.
How will HMRC resolve my complaint? When you complain, HMRC will hopefully resolve your complaint to your satisfaction. HMRC may: apologise and put things right; explain what went wrong; and consider refunding your reasonable costs and making a consolatory payment. What is Extra Statutory Concession A19? Although it does not replace existing rights and remedies, it is a useful addition especially in the complaints process. The Charter was reviewed in November If the claimant has suffered financial loss, or particular anxiety or distress, they should consider claiming compensation.
On financial loss, the GOV. It lists, as examples, postage, phone calls, and professional fees and mentions that claimants should keep receipts for items they are seeking refunds for. The former COP1 also listed under this head travelling expenses and financial charges. The claimant should keep evidence of all such costs receipts etc and show them to HMRC when asked.
On payments for worry and distress, the former COP1 added:. These paragraphs no longer appears but there is no reason why poor complaints handling cannot be one of the factors to be considered in determining the amount of compensation for worry and distress.
The claimant does not have to accept what HMRC offer.
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