Self Assessment Question

[ThePrincipal]

Hi All,

Turns out I was supposed to have filed my Self Assessment for 2015/2016 as I was a director of a dormant company and was not self employed.
Having now filed this, there is no tax due anyway.
Apparently I will get a £1300 fine for being a year late with the filing - does anyone know if I will definitely get a fine?
How long does it usually take to arrive?

Thanks in advance.

[2 sMoKiN bArReLs]

I can't answer that question..

....but I managed to fall foul of a similar crime & got a fair sized fine. With some negotiation (and then pleading) I managed to get it down to £0.00

[Eric Mc]

How did HMRC contact you ORIGINALLY about completing a 2015/16 tax return i.e. did you get the standard "Notice to Complete a Tax Return" letter?

If so, when did they contact you?

Did you have any self assessment income to declare?

Did you have any Self Assessment tax to pay?

Do you have an accountant?

You need to pay the fine NOW.

[2 sMoKiN bArReLs]

Eric Mc said:

You need to pay the fine NOW.

He's not had a fine yet

[Eric Mc]

2 sMoKiN bArReLs said:

He's not had a fine yet

I assumed he'd got it as he seemed to know the amount.

[dirty boy]

ThePrincipal said:

Hi All,

Turns out I was supposed to have filed my Self Assessment for 2015/2016 as I was a director of a dormant company and was not self employed.
Having now filed this, there is no tax due anyway.
Apparently I will get a £1300 fine for being a year late with the filing - does anyone know if I will definitely get a fine?
How long does it usually take to arrive?

Thanks in advance.

ETA actually read your message properly

IF

The return was issued sometime ago, but you had all income taxed at source and no higher rates, there is the possibility to contact HMRC and state that you did not meet the criteria for self-assessment and therefore shouldn't have been issued a return and they can cancel it. If a fine is forthcoming, i'd appeal, there is no legislation stating an individual has to file a tax return on the basis that they are director of a company.

IF

The return has only just been issued, you get three months anyway.

Edited by dirty boy on Friday 15th December 13:29

[Eric Mc]

dirty boy said:

there is no legislation stating an individual has to file a tax return on the basis that they are director of a company.

That is 100% correct. HMRC's website incorrectly states that company directors need to complete self assessment tax returns. That is not right.

Directors only need to complete self assessment tax returns if they have income that needs to be submitted on a self assessment tax return (just like anybody else.

[ThePrincipal]

Eric Mc said:

How did HMRC contact you ORIGINALLY about completing a 2015/16 tax return i.e. did you get the standard "Notice to Complete a Tax Return" letter?

If so, when did they contact you?

Did you have any self assessment income to declare?

Did you have any Self Assessment tax to pay?

Do you have an accountant?

You need to pay the fine NOW.

The company is now active, so I've had to file for 2016-2017. When I logged in, I needed to file for 2015-2016 too and this was overdue.
I calculated the fine using their online penalty calculator.

dirty boy said:

ETA actually read your message properly

IF

The return was issued sometime ago, but you had all income taxed at source and no higher rates, there is the possibility to contact HMRC and state that you did not meet the criteria for self-assessment and therefore shouldn't have been issued a return and they can cancel it. If a fine is forthcoming, i'd appeal, there is no legislation stating an individual has to file a tax return on the basis that they are director of a company.

IF

The return has only just been issued, you get three months anyway.

Edited by dirty boy on Friday 15th December 13:29

Thanks, if a fine is forthcoming, I shall contest it.

Thanks to all for their help!

[Eric Mc]

ThePrincipal said:

Thanks, if a fine is forthcoming, I shall contest it.

Thanks to all for their help!

Did HMRC ever write to you specifically as an individual notifying you formally that you were obliged to submit a 2015/16 tax return?