Notice of Penalty Determination - HELP

yus786

Hi all

I received a penalty fine of £900 for failing to make an annual return !!

BUT

1. I haven't starting trading yet and have mention this to them numerous times
2. I took advise from various forum a few months and submitted a ZERO return

What can i do? I need advise please as there is no way i can afford this.

It mention appeals and says has to be done within 30 days. The letter was dated 12/03 but i only got it today.

Anyone have an experience with the appeal process?

What should i write? Should i also ring them?

Please help folks.

MANY MANY Thanks

Debt_Free_Chick

Need to be clear here .... you may not be trading, but does that mean you don't have to submit an Annual Return? I suspect not.

You submitted a zero return - did you submit it on time?

If you were due to submit a return and failed to do so on time, I doubt you would be successful with an appeal. If you're late, you need to demonstrate exceptional circumstances as described here.

yus786

Debt_Free_Chick wrote: »

Need to be clear here .... you may not be trading, but does that mean you don't have to submit an Annual Return? I suspect not.

You submitted a zero return - did you submit it on time?

If you were due to submit a return and failed to do so on time, I doubt you would be successful with an appeal. If you're late, you need to demonstrate exceptional circumstances as described here.

Thanks for the reply.

Yes - i did submit it on time.

I submitted the ZERO P35 return on time and also submitted the annual declaration via the Companies House Website on time.

I think i'll give them a ring on Monday and see what they say - then i'll follow it up with a letter

Debt_Free_Chick

Hmmmmm confusing, eh?

What does the penalty notice say - what are they fining you for?

richt71

yus786 wrote: »

Hi all

I received a penalty fine of £900 for failing to make an annual return !!

BUT

1. I haven't starting trading yet and have mention this to them numerous times
2. I took advise from various forum a few months and submitted a ZERO return

What can i do? I need advise please as there is no way i can afford this.

It mention appeals and says has to be done within 30 days. The letter was dated 12/03 but i only got it today.

Anyone have an experience with the appeal process?

What should i write? Should i also ring them?

Please help folks.

MANY MANY Thanks

I had a similar problem (had issues with my post going walkies). I rang companies house up and explained I hadn't had the notification and it was a non trading company. They advised to fill in annual return ASAP and the fine no longer would apply. I did it online as basically it's about 5 or 6 pages to double check and agree to...oh and paid my £15 sorted.
So really suggest you call them. They are surprisingly helpful!

yus786

Debt_Free_Chick wrote: »

Hmmmmm confusing, eh?

What does the penalty notice say - what are they fining you for?

Something about if an employer fails to make an annual return on time.

I'm not gonna sweat over it and ring them on Monday - i'm sure we'll get it sorted.

thanks for all your help

WHA

There is some confusion here.

OP has said it is the P35, which is the HMRC employers annual return, nothing whatsoever to do with Companies House.

You say you sent in a zero P35 on time. I think you'll find that HMRC have issued the fine notice in error. They have apparently sent out sackfulls of these fines, all dated 12 March and all for £900. Sounds more like some idiot at HMRC has pressed the wrong button.

Write back, tell them when you submitted it, and ask for written confirmation that they have received the form and have cancelled the fine.

yus786

WHA wrote: »

There is some confusion here.

OP has said it is the P35, which is the HMRC employers annual return, nothing whatsoever to do with Companies House.

You say you sent in a zero P35 on time. I think you'll find that HMRC have issued the fine notice in error. They have apparently sent out sackfulls of these fines, all dated 12 March and all for £900. Sounds more like some idiot at HMRC has pressed the wrong button.

Write back, tell them when you submitted it, and ask for written confirmation that they have received the form and have cancelled the fine.

Thanks WHA - i'll ring them first on Monday and will follow up with a letter.

Cheers

motorguy

do you think they post these things to arrive on a saturday morning to cause the maximum stress possible until they open again?

I got notification the i owed the inland revenue £900 which was supposed to be added to next years tax code - i'd phoned them in jan and confirmed this - what day did this letter arrive with the demand for the £900 + interest - saturday !!!!!!! morning!!!!

Argh!!!

drewsterboy

For what it's worth, I also received this same "Notice of Penalty Determination" yesterday (Saturday 24th March 2007) and the letter itself was dated 12th March 2007. From what I've read on other forums we aren't the only ones to have received this letter! Even if we have all made a mistake, I can't see how it can be right to charge £900 now (£100 a month for the last nine months) instead of demanding £100 eight months ago.

yus786

drewsterboy wrote: »

For what it's worth, I also received this same "Notice of Penalty Determination" yesterday (Saturday 24th March 2007) and the letter itself was dated 12th March 2007. From what I've read on other forums we aren't the only ones to have received this letter! Even if we have all made a mistake, I can't see how it can be right to charge £900 now (£100 a month for the last nine months) instead of demanding £100 eight months ago.

Did you ring them?

Tried ringing the 0845 7143 143 number that was on the notice and a few times it said the number is incorrect and then at times just getting the 'busy' tone.