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Posted Sat, 10 Dec 2022 23:46:26 GMT by Arc
I've done a lot of searching online for what appears to be unusual circumstances. My P60 includes the gross taxable value of RSU awards in my Total Pay. However, the figure shown on my P60 for Tax Deducted does not include the amount withheld by my employer to settle tax due on the RSUs. This forum and other sources online suggest the appropriate action is to claim tax relief on the RSU withholding by my employer as follows: 1. Use the Foreign Income section when tailoring my SATR 2. On page 1, declare the RSU gross income and tax paid / withholding by my employer. 3. On page 2, list the amount of tax relief to be claimed as equivalent to the tax paid / withholding by my employer entered on page 1. Questions: i) Is the above process correct? ii) It seems a little curious because my employer in the UK is a subsidiary of a US multi-national, so I specified the 'foreign' income source as the UK? (All values on my payslip are specified in GBP.) iii) I'm assuming I can only claim tax relief on the 'tax' withholding and not the additional amount used to settle my employer's NICs (my liability)? iv) This matter has only just come to light. It was confusing because I was aware the RSU income had always been included in my P60, yet I was unaware the withholding by my employer was excluded. I'd now like to resubmit SATRs for 4 earlier years, starting in 2017/18. How far back can this be done using my SATR online account? Would it be easier to prepare a letter for HMRC with all the documentary evidence over the 4 years (payslips, P60)? Thanks for your help.
Posted Tue, 13 Dec 2022 11:17:05 GMT by HMRC Admin 17

Hi,
 
You wll declare the full income as per the P60 on the employment page and then claim the foreign tax as a foreign tax credit relief on
the foreign page. - it is only the tax deducted that yuo can claim.

It is now to late for -17/18 to be considered as this closed on 5/4/22.

You will now need to claim overpayment relief for 2019,2020.

You can amend the 2021 tax return up to 31/01/23 - if after that date, a claim for overpayment relief is also required:

Self Assessment Claims Manual   .

Thank you
Posted Tue, 13 Dec 2022 11:28:11 GMT by Arc
Thanks. How do I claim overpayment relief for 2018/19 and 2019/20? Can this be made via an entry in the resubmitted 2020/21 SATR? Or maybe I need to write to HMRC? It's a bit disappointing about 2017/18. I'd imagine this time restriction only applies to the claimant and not HMRC!
Posted Wed, 14 Dec 2022 16:03:15 GMT by HMRC Admin 32
Hi,

For tax return that can no longer be amended, an overpayment relief claim can be made instead. An OPR claim for 2018 to 2019 must be in HMRC possession no later than 5 April 2023.  All tax years 2017 to 2018 and earlier are now out of date and no relief will be accepted.  

There is a specific format for claiming this relief. Claims not submitted in the correct format can be rejected. All OPR claims must be in writing and must be made by the person who is due the relief except for overpayment relief claims arising from mistakes in partnership returns.

You can find guidance here:

SACM12045 - Who can claim: Partnerships

You will find the full intructions for making an OPR claim here:

SACM12150 - Overpayment relief: Form of claims

Thank you.
 

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