Incorrect CGT surcharge applied by Revenue - advice?

A

Andrew Duffy

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In January 2007 I sold shares in a private company, and paid the correct amount of CGT in October 2007 - the receipt from Revenue is dated 19 October 2007. Although the deadline for filing a tax return for 2007 hasn't expired yet, I filed it in February and am still awaiting a balancing statement.

Today I received a Notice of Assessmemt to Capital Gains Tax for 2007, listing the amount owed, the identical amount paid, and a surcharge for the late submission of the return! Since I paid the CGT (along with the required payslip) before 31 October in the year of the chargable gain, since I have filed a tax return for 2007 and since that tax return isn't due until October, the charge is nonsensical.

Now I don't know what to do. There is no Revenue Commissioners phone number for CGT queries, and the notice has a standard piece of boilerplate about appealing the assessment. Is it possible that I am required to pay an invalid fine, then appeal it at my own expense?
 
You will have to pay the money due and appeal within 30 days.I am sure then that the revenue will see their mistake and refund you your money.
I know it is unfair and if you or I made a mistake that we would be penalized financially.
 
Is there no phone number on the assessment? If not, ring your local tax office & clarify your problem. Don't pay the surcharge unless/until you are sure it is correctly applied.
 
I will call them tomorrow, and possibly try pressing buttons until the impenetrable voice menu goes away. I'm not keen on paying and appealing at all.
 
I may be wrong but it seems to me that you have used the wrong form to return the gain. I cannot see how it is possible for a 2007 assessment to show a surcharge at this stage. I am guessing that the assessment is for 2006.
 
Yes

I would tend to agree with simplyjoe on this. I think you should call the local office and ask to speak to someone about CGT assessment. Double check with them why teh surcharge applied.
 
Andrew Duffy said:
... and possibly try pressing buttons until the impenetrable voice menu goes away...
Click to expand...
As far as I remember the Revenue have a worded document on their site of all the 'button' options so that you can swot up before calling and don't have to wait to listen to the options. I'll try and find it if I get the time...
 
Calling was unhelpful - the payment is recorded (obviously, as I have a receipt) and I was advised to write, which I did. As for the forms, I haven't had any taxable gains before or since so it isn't for a different period, and I used the correct payslip; I also just got my balancing statement and refund for 2007 so there isn't a problem with that. I'll post when I get it resolved.
 
Update

After another call early last week to a revenue agent who was extremely helpful, I found out that the person who entered my tax return for 2007 into the system entered its due date as 31/1/2008 instead of 31/10/2008 (how this is possible is another matter - every single 2007 form 12 has the same due date). I got a revised statement today with no penalty.
 
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