Certificate of Fiscal Residence

[pagnol81]

We wrote to HMRC on the 4.10.10 asking for certificates as required by SARF.

We telephoned yesterday to ask when we might receive them. The answer was it would be 12 weeks before they even look at our letter and couldn't even confirm that they had received it.

We are due to sign between 14/20 November 2010. Will the Notaire be able to keep back funds to cover the CGT ( holidayhome) and give us the balance?

Has this happened to anyone else?

[Judie]

The notaire's office that I used to deal with would accept P60s or statements of account for the most recent years. Try asking if they will accept another type of proof of UK tax liability.

Otherwise you my well find that you receive your funds minus any potential plus-value liability. Best to check this with them at the same time.

[pagnol81]

Thanks Judie, I will do as you suggest.

[pagnol81]

The Notaire says he requires the Certificates " au jour de la cession" which means we won't be signing in November. I have sent other Tax paperwork as suggested but have received a firm Non!

HMRC said their earliest response could be Christmas Eve.When that day passes who knows when we may expect a reply[:(]

Can our buyer pull out?

[PaulT]

What about a Freedom of Information request of the information that they hold on you - they need to respond far quicker than 12 weeks for that.

Also ask them for their policies on requests to see if they are in breach of them.

Otherwise bombard MPs, the PM and the Minister of State.

Paul

[pagnol81]

Thanks for your suggestions Paul.

We thought of the Freedom of Information act but our UK solicitor says that does not apply in this case. Shame as I found out that they have to reply in 20 working days or maximum one month. 

We've emailed Rt. Hon George Osborne MP, David Gauke MP ,Exchequer Secretary to the Treasury and our own MP Damian Collins.

My husband phoned HMRC again this morning and having been told the same information i.e. 12 weeks response time, he insisted on talking to a Complaints Manager.

We may have to send/fax our letter again but there's hope she may be able to help and shorten the time.

Its strange, I always thought there my be problems/delays with the French paperwork and its HMRC who are holding us up!

[carlosan]

Unfortunately, my experience after living in 6 EU countries including France, is that UK is probably the worst when it come to admin and services from government. What you're saying is just a prove of the lack of care. Also in the UK people think bureaucracy is paramount in other countries like France for example... well, nothing like here!

[AnOther]

Not belittleing your problem in any way but when HMRC take 4 months to issue E forms, the lack of which could have life threatening implications, what hope is there for something which is probably seen as nothing more than a minor inconvenience to someone who doesn't even live in the UK anymore.

As a first step you could lodge an official complaint http://www.hmrc.gov.uk/factsheets/complaints-factsheet.pdf

If enough people do it then hopefully someone might take notice but I wouldn't my breath [:@]

And remember, this is the level of service before the public sector blood letting starts in earnest [blink]

[Loire]

Hi

Make a complaint to the Parliamentary Ombudsman via your MP. Might take a while, but maybe not. You will have had to have exhauted the usual complaints procedures before going down that road. Quickest way initially might be for you to call the Ombudsman's office, which might result in them contacting HMRC and hurrying things along. How they deal with it depends who you get at the Ombudsman's office, although, of course, there are certain perameters. Last I knew they were trying to resolve complaints in the quickest way possible, so you might hit lucky.

Good luck.

Kind regards

Loire

PS You could tell the complaints handling manager that you intend to make a complaint to the Parliamentary Ombudsman. That might make them leap into action!

[AnOther]

I should have spotted it sooner but I've just noticed that carlosans post (his or her 1st on the forum) revived a topic which had been dormant for best part of 2 months and for all we know the situation may have been resolved !

[pagnol81]

Hi AnOther

We needed this form because we are tax resident in theUK. Our home was a residence secondaire.

Update

The freedom of information act was of no help for this problem. We contacted our local MP by email and received a letter wthin a week promising to pass our complaint to the relevant department.

Not long afterwards I received a telephone call from a man in the Complaints department of HMRC, who mentioned my MP's name, and who then said our certificates would be in the post that day!

My initial letter to HMRC was dated 4th October and I received the certificates on the 9th November. As we had already had paperwork go missing in the post we decided to take a day trip to deliver the cetificates as we were due to sign on monday 15th November. All went well and we returned home thinking we wouldn't be holding up the sale.

We then received an email from the Notaire suggesting we sign on the 27th December. After all our efforts we were totally deflated.

I contacted our French buyer who lives and works abroad and he explained that he had had delays with his paperwork as an expat.

I'm hoping the weather is kind to us as we travel on the morning of the 27th December.