Late filing penalty
Late filing penalty
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2HFL

Original Poster:

1,595 posts

65 months

Wednesday 20th March 2024
quotequote all
I wondered if anyone can please give me some pointers, as I am a little lost.

I received, out of the blue recently, a letter from HMRC stating my self-assessment tax return was late and that I am being fined £100.

I challenged this online as I see no reason why I should have to undertake this, given that I’m employed full time and all of my income is taxed at source, so I requested to be taken out of the ‘self-assessment’ requirements.

Today I received the below summary statement and I’m totally confused why I’m expected to have sent them anything. I was a company director which I think explains the 2016-2018 entries, but why have HMRC popped up 6 years later with a fine and demanding I send a tax return?

Is there a way I can appeal the fine, if so how?

TIA


MrBen.911

624 posts

142 months

Wednesday 20th March 2024
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I appealed one of their fines last year as I had done exactly what their webchat operator had suggested, inadvertently breaching a deadline. It took months, but I eventually got it revoked.

Have you been on SA for the last few years or just PAYE? Had HMRC notified you that you were to provide a SA return this year?

Eric Mc

124,980 posts

289 months

Wednesday 20th March 2024
quotequote all
Were you sent a letter by HMRC telling you that you were required to submit a Self Assessment tax return form for 2022/23? That letter would normally have been sent to you in April 2023.

Just because you are taxed under PAYE does not automatically mean that you are exempted from Self Assessment.

2HFL

Original Poster:

1,595 posts

65 months

Wednesday 20th March 2024
quotequote all
I have always been on PAYE.

The Ltd Co I was involved in had a tiny turnover and I took no salary from it before it closed down.

I don’t recall receiving a SA letter, however if I did I’d have probably binned it rather than challenging it…

What should I do, who can I appeal the fine to? I don’t care about the £100, it’s more the fact HMRC seem to have me in the wrong system?

Maybe I should just wait until they confirm if they are removing me from SA, as that was done on 7/3.

Edited by 2HFL on Wednesday 20th March 14:33

Eric Mc

124,980 posts

289 months

Wednesday 20th March 2024
quotequote all
Has HMRC confirmed that they will not require you to submit a tax return for 2023/24?

I assume the fine relates to tax year 2022/23. Have they cancelled the requirement to submit the 2022/23 tax return?

If they have cancelled the 2022/23 tax return, then the fine will be cancelled too.

If they STILL require you to submit a tax return for 2022/23, the fine will rtemain "live" and will only get worse up to a maximum penalty of £1,800.

So, the options are -

submit a 2022/23 tax return without delay and pay the £100
request that the obligation to submit a 2022/23 tax return be cancelled (which will result in the penalty being cancelled too).

foiled

181 posts

94 months

Wednesday 20th March 2024
quotequote all
If you earn over £100k you still have to complete a SA form, even if it's all PAYE, could it be that?

Although, HMRC will send out letters/emails reminding you of the need

2HFL

Original Poster:

1,595 posts

65 months

Wednesday 20th March 2024
quotequote all
Thanks for the above replies, the fine relates to the non-filing of a 22/23 SA return.

On 7/3 I requested online to be removed from self-assessment as I filled in the online form confirming that none of the criteria required to submit a SA return are or were relevant to me.

So I’ll just sit tight for now and wait for them to review/process that request, and hopefully then they’ll cancel any SA requirement and also the fine as Eric suggested they may.

I don’t earn above £100k.

Eric Mc

124,980 posts

289 months

Wednesday 20th March 2024
quotequote all
Don’t rely on “hopefully “. Be proactive and keep checking.

2HFL

Original Poster:

1,595 posts

65 months

Wednesday 20th March 2024
quotequote all
Eric Mc said:
Don’t rely on “hopefully “. Be proactive and keep checking.
Ok noted, will do!

Checked the system which indicates I should receive a response from HMRC by 31/3.

Edited by 2HFL on Wednesday 20th March 22:14

2HFL

Original Poster:

1,595 posts

65 months

Tuesday 2nd April 2024
quotequote all
Upon checking the system (thought they might have emailed me at least!) I see that they have removed the fine and, I assume, now removed me from any SA requirements….


Eric Mc

124,980 posts

289 months

Tuesday 2nd April 2024
quotequote all
Looks like you got a result