This section looks at what to do if you have paid too much tax on your wages or pension and what the time limits are for making a claim.
First though, we look briefly at HMRC’s P800 tax calculation process, which may mean you do not need to claim a repayment, as HMRC will issue any repayment automatically. If you have not received a P800 tax calculation from HMRC, and you have overpaid tax, you will need to make a claim for a tax repayment.
Your employer or pension provider gives HM Revenue & Customs (‘HMRC’) details of how much income you have received, how much tax you have paid and the value of any benefits in kind you have received during the tax year.
Using this information, HMRC carry out an automatic reconciliation at the end of each tax year, to work out whether or not you have paid the right amount of tax. If HMRC think you have not paid the right amount of tax, they send you a P800 tax calculation. This calculation will show you what tax HMRC think you should have paid.
You must always check your P800 tax calculation carefully, as HMRC may not have all the information they need to calculate your tax correctly, or they may have inaccurate information.
If HMRC think you have overpaid tax, they will send you a repayment of tax automatically – you do not need to make a claim.
If HMRC think you have not paid enough tax, they will write to you explaining that they intend to collect the underpaid tax through your tax code or telling you how you can repay it to them.
For more information on what to do if you receive a P800 tax calculation, please read our section ‘When things go wrong’, ‘Complaint or Appeal’
If you receive employment income or pension income and pay tax through the PAYE system you may sometimes pay too much tax. There are various reasons for this. HMRC provide a list of typical reasons for an overpayment of income tax arising on employment income. They also provide a list of reasons why an overpayment might arise on pension income.
If you think you have overpaid tax through PAYE in the current tax year, before the end of the tax year tell HMRC why you think you have paid too much. It is probably best to telephone them initially, the helpline for individuals and employees is 0300 200 3300.
Before you telephone HMRC, you will need to gather together:
Make sure you keep a note, in a safe place for future reference, of:
You may need to send in more information to support your claim and if so HMRC will let you know what paperwork you should supply.
Once HMRC process your claim it might be necessary to issue you with a new tax code, meaning any refund will be added to your wages or pension and the amount will generally be paid automatically through the payroll. This will result in a lower tax deduction or a tax refund through PAYE.
However if the repayment is due towards the end of the tax year and you have already received your final pay for that year, you may have to claim a refund directly from HMRC.
If you have stopped work part way through the tax year and are not going to have a continuing source of taxable income, for example, you are not intending to go back to work within four weeks or claiming a state benefit, you should be able to claim an in-year tax repayment using form P50.
You must send parts 2 and 3 of your P45 together with form P50 to HMRC. If you are entitled to a repayment of income tax, HMRC will send it to you – usually by cheque in the post.
You cannot use form P50 if you are claiming, or intending to claim a state benefit such as jobseeker’s allowance (‘JSA’).
If, for example, you stop work in June, having been employed at some point since the beginning of the tax year on 6 April, and you do not get another job but start to claim JSA, you will need to let Jobcentre Plus have your form P45 from that paid work. They will then put the details onto their computer. If you have already paid some tax under PAYE in the year, you will not get this refunded until the earlier of:
If you have paid too much tax through your employment and the end of the tax year in which you overpaid tax has already passed you can make a claim for a refund by writing to HMRC.
Mark the top of your letter clearly with ‘repayment claim’ so that HMRC prioritise it on receipt.
You can write to HMRC using the tax office address of your current employer or the postal address on the most recent correspondence you have from HMRC. If you do not have any recent documents or letters from HMRC, write to:
HM Revenue & Customs
Pay As You Earn and SA
Generally your letter, should include:
Keep a copy of your letter and any enclosures and ask the Post Office for a proof of posting in case of later query.
HMRC say they usually aim to process PAYE repayments within four weeks of receipt. In some cases, HMRC will need to carry out security checks. It might help to speed up the repayment if you ask HMRC to pay it direct to your bank account. To request a direct bank transfer, include in the letter:
But be aware that HMRC might want to make additional security checks if you request repayment into an account which is not in your own name.
In most cases you can get back the tax you have overpaid as long as you claim on time. The time limits for claiming a refund are shown in the section below. If you fail to make a claim within the time limit you will miss out on any refund due.
Claiming back tax for 'closed' tax years - Extra-statutory Concession B41
If you think you have overpaid tax in tax years that are ‘closed’ to reclaims, there is a rule known as Extra-statutory Concession B41 which can allow HMRC to repay tax for those earlier years. This only applies in limited circumstances.
This concession only applies in situations where HMRC or another government department, such as the Department for Work and Pensions, have made an error in your tax affairs and where there is no doubt about the facts of the case.
The relevant part of the concession reads as follows:
‘....However, repayments of tax will be made in respect of claims made outside the statutory time limit where an over-payment of tax has arisen because of an error by HMRC or another Government Department, and where there is no dispute or doubt as to the facts.....'
In our experience, it is rare for HMRC to grant this concession so you will need to set out clear evidence as to what the error was, which resulted in you paying too much tax.
Posted in: How do I claim back tax?