Bugger. How to Appeal HMRC Fine?
Discussion
I returned home today to find a notice of being fined £900 for not filing an income tax PAYE return for the company I have.
It is a VAT registered limited company. Apparently this return was due 9 months ago. Thing is, I never received said form. I have no doubt that would get a response of tough shit from the revenue, but for a company that is not trading and hasnt been for 2 years, absolutely no PAYE activity AT ALL, being fined that amount seems somewhat disproportionate?
It is a VAT registered limited company. Apparently this return was due 9 months ago. Thing is, I never received said form. I have no doubt that would get a response of tough shit from the revenue, but for a company that is not trading and hasnt been for 2 years, absolutely no PAYE activity AT ALL, being fined that amount seems somewhat disproportionate?
Eric Mc said:
Was your company registered for PAYE in the year ended 5 April 2006? Yes
Did the directors or employees receive any salary in the year ended 5 April 2006? No
Did the directors or employees receive any benefits in kind during the year ended 5 April 2006? No
Did the directors or employees receive any work related expenses during the year ended 5 April 2006? Will need to check the accounts as there may have been but I'm pretty certain they didnt
Was a blank P35 for the tax year 2005/06 sent by the Revenue to your company for completion? With this years in my hand right now I can definately conclude I have never seen one before
Did the directors or employees receive any salary in the year ended 5 April 2006? No
Did the directors or employees receive any benefits in kind during the year ended 5 April 2006? No
Did the directors or employees receive any work related expenses during the year ended 5 April 2006? Will need to check the accounts as there may have been but I'm pretty certain they didnt
Was a blank P35 for the tax year 2005/06 sent by the Revenue to your company for completion? With this years in my hand right now I can definately conclude I have never seen one before
We dont really have a payroll. The previous directors were my father and another person, the other person handling all the PAYE stuff. When I bought him out, everything was meant to come to me. I remember there was some confusion over where stuff was getting sent by the revenue at the time of take over which was the end of 2005.
The address the revenue use now is mine, the previous address was the other director I bought out. My adress has been in use since early 2006.
The address the revenue use now is mine, the previous address was the other director I bought out. My adress has been in use since early 2006.
Thats what I plan to do. Had a mountain of other battles to fight today, so I'll be getting started on this tomorrow. Checked through all my company documents and there is definately no P35 or any form of reminder for lack of filing. Would suggest either I filed it and just dont recall, or it never arrived.
I dont ignore HMRC forms and I dont ignore reminders/warnings/penalty notices for ANYTHING!
I dont ignore HMRC forms and I dont ignore reminders/warnings/penalty notices for ANYTHING!
As an update,
I called HMRC yesterday and asked them where they had sent the P35. I was told they couldnt tell me where it had been sent, but they only had one address on file for the company. If not being sent one was the grounds for my appeal I should put that in a letter to them.
I then told the guy the company hadnt been trading although the PAYE scheme was active. He them said I shouldnt even have to put the fact that a P35 wasnt received in the letter, just stating the company wasnt trading and it was a zero return would be enough to have the fine removed. (not verbatim but that was what was said).
Drafting a letter tonight after work so we'll see how it goes.
I called HMRC yesterday and asked them where they had sent the P35. I was told they couldnt tell me where it had been sent, but they only had one address on file for the company. If not being sent one was the grounds for my appeal I should put that in a letter to them.
I then told the guy the company hadnt been trading although the PAYE scheme was active. He them said I shouldnt even have to put the fact that a P35 wasnt received in the letter, just stating the company wasnt trading and it was a zero return would be enough to have the fine removed. (not verbatim but that was what was said).
Drafting a letter tonight after work so we'll see how it goes.
I'm not celebrating as I'm still unclear whether or not mine is unjustified, however, teh letter has been written asking them where the P35 and the subsequent warning and reminders were sent as they were not received at my address.
The irony of course being, how can I argue with whatever they say when there's no proof either way, other than I'm not the kind of dumbshit who ignores warning letters or the 1st letter that comes through going, you owe us £100/200 and lets it escalate.
The irony of course being, how can I argue with whatever they say when there's no proof either way, other than I'm not the kind of dumbshit who ignores warning letters or the 1st letter that comes through going, you owe us £100/200 and lets it escalate.
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