HMRC Late Filing Notice
Discussion
Long story short.
I didn't get my 2009 tax return in before deadline.
I tried, repeatedly, to get it off to them but it didn't happen. (No matter what I simply couldn't get through the online system login)
I had a nice letter containing a statement of agreement from HMRC that their systems had failed and I hadn't been given the necessary forms to start with - along with once an empty envelope, but that never-the-less, I was liable for the late filing penalty.
When assessed I had no tax to pay.
I can recall (I hope) reading that is you were assessed at zero then the late filing penalty was negated?
I am going round in cicles at HMRC and never get to speak to the same person twice and could do with chapter and verse.
Thanks
I didn't get my 2009 tax return in before deadline.
I tried, repeatedly, to get it off to them but it didn't happen. (No matter what I simply couldn't get through the online system login)
I had a nice letter containing a statement of agreement from HMRC that their systems had failed and I hadn't been given the necessary forms to start with - along with once an empty envelope, but that never-the-less, I was liable for the late filing penalty.
When assessed I had no tax to pay.
I can recall (I hope) reading that is you were assessed at zero then the late filing penalty was negated?
I am going round in cicles at HMRC and never get to speak to the same person twice and could do with chapter and verse.
Thanks
Do you mean the 2008/09 tax return was filed late or the 2009/10 tax return was filed late.
The rules regarding late filing penalties were changed for tax years 2009/10 onwards.
Up to and including tax year 2008/09, the late filing penalty could only be levied if there was an outsatnding tax liability at the relevant 31 January fioing deadline date. For tax year 2008/09 that filing deadline was 31 January 2010.
For tax years 2009/10 onwards, the late filing penalty will be charged EVEN IF NO TAX IS DUE. So, if you were unable to file the 2009/10 tax return by 31 January 2011 you will pick up a fine, whether you owed tax or not.
The rules regarding late filing penalties were changed for tax years 2009/10 onwards.
Up to and including tax year 2008/09, the late filing penalty could only be levied if there was an outsatnding tax liability at the relevant 31 January fioing deadline date. For tax year 2008/09 that filing deadline was 31 January 2010.
For tax years 2009/10 onwards, the late filing penalty will be charged EVEN IF NO TAX IS DUE. So, if you were unable to file the 2009/10 tax return by 31 January 2011 you will pick up a fine, whether you owed tax or not.
LC23 said:
Eric - the old penalty regime applied to 2009/10 as well. 2010/11 is the first year under the new regime.
Darn - I was a bit premature.Then the OP may have an opportunity to have the penalty cancelled - unless he really DID owe some tax at 321 January 2011.
Has he submitted the offending return yet.
Sorry guys, left for the day after posting this.
I haven't submitted this year, and I won't be liable for any tax.
This came about as I had a letter arrive this week from HMRC saying I was not allowed to appeal the late penalty as it was timed out. This letter was posted 5th July! - I have pointed out that a second class stamp really doesn't help when posting overseas, and that continually failing to get the address wrong is also something of a hindrance.
The letter is contradictory as it goes on to list the reasons why I could appeal - strangely HMRC incompetence isn't listed as a reason why I could appeal.
So far I have had three attempts at getting online access, this fails as the password is time sensitive and the letter advising of login details takes longer to arrive than that window exisits for.
By asking to file online I precluded submitting a paper return and continual to and fro with HMRC resulted in them forwarding an empty envelope containing a paper return.
Much letter writing and pointing out failings and I got a paper return. Filled in and returned. Late penalty notice issued along with the assement of no tax to pay x 2.
Every time I talk to someone they agree that things have gone wrong, then it appears a computer takes over and racks up the penalties.
I haven't submitted this year, and I won't be liable for any tax.
This came about as I had a letter arrive this week from HMRC saying I was not allowed to appeal the late penalty as it was timed out. This letter was posted 5th July! - I have pointed out that a second class stamp really doesn't help when posting overseas, and that continually failing to get the address wrong is also something of a hindrance.
The letter is contradictory as it goes on to list the reasons why I could appeal - strangely HMRC incompetence isn't listed as a reason why I could appeal.
So far I have had three attempts at getting online access, this fails as the password is time sensitive and the letter advising of login details takes longer to arrive than that window exisits for.
By asking to file online I precluded submitting a paper return and continual to and fro with HMRC resulted in them forwarding an empty envelope containing a paper return.
Much letter writing and pointing out failings and I got a paper return. Filled in and returned. Late penalty notice issued along with the assement of no tax to pay x 2.
Every time I talk to someone they agree that things have gone wrong, then it appears a computer takes over and racks up the penalties.
go on www.indicator.co.uk and go through their tax section, it has case law and info on appealing. One case is of a woman who appealed a late notice and won against HMRC, also info on arguing about post dates.
I did download them once for info but can't find now
I did download them once for info but can't find now
You have not clarified which self assessment tax return you have NOT filed.
If it is the 2009/10 tax return, the solution to your problem is to complete the form and submit it - immediately.
You are wasting your time writing endless letters or phoning HMRC. The one sure way to kill the situation dead is to submit the return.
You will need to calculate your tax liability or refund and show the situation on the return. As you are claiming that there is no tax due then HMRC will cancel all penalties if this is true.
Have you bben asked to submit a 2010/11 tax return? If so, you MUST submit it before the deadline dates. If you are filing a paper return you MUST get it in before 31 October 2011. If you are filing electoronically, you MUST file the return before 31 January 2012. This time you WILL be fined a penalty even if no tax is due.
If it is the 2009/10 tax return, the solution to your problem is to complete the form and submit it - immediately.
You are wasting your time writing endless letters or phoning HMRC. The one sure way to kill the situation dead is to submit the return.
You will need to calculate your tax liability or refund and show the situation on the return. As you are claiming that there is no tax due then HMRC will cancel all penalties if this is true.
Have you bben asked to submit a 2010/11 tax return? If so, you MUST submit it before the deadline dates. If you are filing a paper return you MUST get it in before 31 October 2011. If you are filing electoronically, you MUST file the return before 31 January 2012. This time you WILL be fined a penalty even if no tax is due.
Eric Mc said:
You have not clarified which self assessment tax return you have NOT filed.
If it is the 2009/10 tax return, the solution to your problem is to complete the form and submit it - immediately.
You are wasting your time writing endless letters or phoning HMRC. The one sure way to kill the situation dead is to submit the return.
You will need to calculate your tax liability or refund and show the situation on the return. As you are claiming that there is no tax due then HMRC will cancel all penalties if this is true.
Have you bben asked to submit a 2010/11 tax return? If so, you MUST submit it before the deadline dates. If you are filing a paper return you MUST get it in before 31 October 2011. If you are filing electoronically, you MUST file the return before 31 January 2012. This time you WILL be fined a penalty even if no tax is due.
All have been filed. Problem is the 09/10 one.If it is the 2009/10 tax return, the solution to your problem is to complete the form and submit it - immediately.
You are wasting your time writing endless letters or phoning HMRC. The one sure way to kill the situation dead is to submit the return.
You will need to calculate your tax liability or refund and show the situation on the return. As you are claiming that there is no tax due then HMRC will cancel all penalties if this is true.
Have you bben asked to submit a 2010/11 tax return? If so, you MUST submit it before the deadline dates. If you are filing a paper return you MUST get it in before 31 October 2011. If you are filing electoronically, you MUST file the return before 31 January 2012. This time you WILL be fined a penalty even if no tax is due.
Nil tax to pay.
Still chasing me for the late filing penalty.
10/11 return submitted by paper.
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