HMRC fines

PGM

A colleague got a £100 fine for not submitting his self assessment, after phoning them they said after re-considering his situation he doesn't need to submit it.

Has anyone else had this?

Whats the situation with the fine, will that be cancelled? I somehow doubt it!

jamesm96

PGM wrote: »

A colleague got a £100 fine for not submitting his self assessment, after phoning them they said after re-considering his situation he doesn't need to submit it.

Has anyone else had this?

Whats the situation with the fine, will that be cancelled? I somehow doubt it!

Well, if HMRC confirm that no Tax Return was required then neither should they be charging a penalty.

I have had one client this week with exactly that issue... we put a note on his 2011 ITR saying that he'd ceased trading, along with a SA303 claim on the basis that 'there will be no further taxable profits'. Yet, HMRC issued the return for 2012 anyway (which the client never told us about; 'I assumed it was an error so I ignored it', he said! :glare:) and so he got a fine.

We wrote to HMRC explaining that no tax return was due and they wrote back agreeing and cancelling the penalty.

PGM

Thanks Mike, I'll give it a go. Although I think our case will be more difficult, HMRC only de-registered him from self assessments after the deadline had passed for sending in the one that was due.

He should really have discussed this with them before the deadline, just feels like an odd situation still having the fine if they now say he doesn't need to complete one...

Melody87

I have had a similar situation with my partner, he was registered as self employed when he shouldn't have been and received tax returns for 08/09, 09/10 and 10/11. Despite having told the NI office that he wasn't self employed and them confirming it the information was not communicated to the tax office and he still received the returns and the fines for not filling them in.
He since has called them and discussed it with them and they have advised that they have amended thier records and he no longer needs to fill 10/11 in and the fine has been cancelled for that year but they have said that he still needs to fill in the other two even though there is only employment income. They said further to that that the fines for those two years will also be cancelled once he has filled them in.

All a bit odd if you ask me, we'll have to just wait and see what happens after the tax returns are done.

PGM

Thanks, as much information as possible helps when trying to tackle HMRC issues.

Dean

jamesm96 wrote: »

Well, if HMRC confirm that no Tax Return was required then neither should they be charging a penalty.

I have had one client this week with exactly that issue... we put a note on his 2011 ITR saying that he'd ceased trading, along with a SA303 claim on the basis that 'there will be no further taxable profits'. Yet, HMRC issued the return for 2012 anyway (which the client never told us about; 'I assumed it was an error so I ignored it', he said! :glare:) and so he got a fine.

We wrote to HMRC explaining that no tax return was due and they wrote back agreeing and cancelling the penalty.

You've had a fine for a 2012 Tax Return?

Regards

Dean

jamesm96

Dean wrote: »

You've had a fine for a 2012 Tax Return?

Regards

Dean

Sorry, good point! I should have said "we put a note on his 2010 ITR saying that he'd ceased trading, along with a SA303 claim on the basis that 'there will be no further taxable profits'. Yet, HMRC issued the return for 2011 anyway"

Dean

jamesm96 wrote: »

Sorry, good point! I should have said "we put a note on his 2010 ITR saying that he'd ceased trading, along with a SA303 claim on the basis that 'there will be no further taxable profits'. Yet, HMRC issued the return for 2011 anyway"

Ah, I did wonder if this was the case. That or I'd lost a year!

Regards

Dean