£100 fine for late return

wassup

My son just recieved a notice of £100 fine for failing to submit his tax return. However his tax return was handed in along with my own one and my wifes. They were all in the same envelope which I handed in to the local tax office. He phoned to be told that they still don't have it and whats more he has to prove he handed it in other wise the fine stands. How can he do this ?

One bit of evidence he might be able to rely on is that the cheque he attached to the return actually bounced (thats another story) but when his bank wrote to him about the failed cheque he realised what had gone wrong and immediatly phoned up and paid by debit card. The thing is if they got the cheque which was stapled to the return then they must have got the return as well, and presumably lost it. Does anyone think this is enough evidence to prove his innocence?

paulcornwall

Just had one also, although i completed mine online, apparently i need to do a Partnership one also. Rang the hotline which was engaged for ages (surprise) and the lady could'nt tell me why i had to complete 2 tax returns and what was the revelance of the partnership tax return.
She said the fine shoud be waived though as the business made a loss in trade.??

angelavdavis

I posted one online a few years ago and then received a letter saying I hadn't submitted on one time!

It may even be likely that the Tax office has a backlog that means that they haven't actually finished processing it. More likely the reason is that the payments are processed before the actual tax forms.

When it happened to me, I was told I still had to pay. I paid and enclosed a really slating letter with the receipt of online posting attached.

They were really apologetic and it turned out that my problem was associated with the new online system.

Lifeisbutadream

Both myself and my husband have had letters last week asking us to pay.

When I rung and said that we had, they said 'oh yes, you have, dont worry about it' !!!????

sarahlouise210

If your son has paid his tax in full by debit card, then even if they do not hav his tax return he will not have to pay the penalty. If the return has been lost then he will unfortunately need too fill it in again, however because he paid on time the penalty will be reduced to nil. Now...you say the cheque bounced...if that means that he actually made payment after 31st january then the penalty will remain on his statement and will be eual to the tax he paid(if under £100) or the full £100 if his tax bill was more than this. Wrie a letter of appeal stating that all returns were in the same envelop (quote your own UTR`s or national insurance numbers ) and fill in another return.

wassup

When he phoned they said it wasn't to do with the payment, it was to do with not recieving the return, which they are saying they don't have, but it was handed in on time. When the cheque failed my son only discovered this when his bank wrote to him. He had used the wrong cheque book. So he immediatly phoned the accounts dept at IR who said they hadn't heard from the bank yet and as far as they were concerned the payment had been made. He made the payment again by debit card at that point and the man at the account dept said that was fine and the account showed as paid.

Why don't the IR give a reciept when you hand the return in. I handed something into my local council tax office the other day and they insisted on giving me a reciept for it and it wasn't anything very important.

The return is on computer so can be printed off again.

purplewing

They used to give receipts if a return was personally handed in to the offices, but they decided it was worthless as they promised to note the computer on the day of receipt that it had been received. I would suggest that you contact the tax office it was sent to and use your reference and ask them to check whether his return has got stck to yours in some way.

sarahlouise210

The penalty is because as far as they are concerned the return has not been received - however as long as he has made full payment on time then he will not have to pay the penalty. he WILL have to send another return though if they have mislaid it.

wassup

I don't believe it..... this morning the missus got a letter with £100 fine for none receipt of return. This is ridiculous, thats 2 returns they have mislaid. I know for a fact they got mine, and I handed mine in along with the wifes and my sons all at same time. How can they possibly lose 2 out of 3 returns. Its either a wind up, which actually i think it is given the hassle they have put me through recently, or it's incompetence.
My son wrote to them a while back about his fine and resubmitted the whole thing but as yet has heard nothing further. Now my missus is up to hi doh about her fine.

They dont make it easy do they ? Bunch of idiots if you ask me.

wassup

Got missus to phone IR and she was told that according to their system they recieved the return on 23 February. It was handed in on 31 Jan so makes you wonder what happened to it for 3 weeks.

The guy at IR said that if she was sure she didnt owe anything, which according to her return she doen't she was to ignore the letter.

ctm_2

wassup wrote: »

Got missus to phone IR and she was told that according to their system they recieved the return on 23 February. It was handed in on 31 Jan so makes you wonder what happened to it for 3 weeks.

The guy at IR said that if she was sure she didnt owe anything, which according to her return she doen't she was to ignore the letter.

i think it's clear what has happened here.

You handed 3 returns in in one envelope, and they stayed together until someone looked at you return and realised it was ctually three.

They would then probably have sent your sons and your wifes returns to the correct offices (if they are different to the office you are dealt with at). That other office then got your wifes return on the 23 feb. However it should have already been noted as received on time, but obviously hasn't been.

Appeal against the penalties using the form provided, and write a covering letter. State the facts. Don't blather on about incompetence etc, the person dealing with the appeal really doesn't care what you think of the system. They most likely agree that it is not a very good system. You don't want to annoy them, or they may be inclined to be tough and refuse the appeal in which case you have to go to the commissioners.

Just state the facts, and send in a signed copy of the return with the appeal for your son. Make sure that the utr of the your return that was received on time is mentioned in the letter so that they can check that.

As has already been said, if the liability was paid by 31 January, the penalty will be reduced to nil anyway when the return is finally captured.