late tax return penalty but employed?

evasull32

Hi there I was hoping someone could help me.

My partner is an electrician and has been working for the same company since April 2010. He was working for another company before that from November 2009. He went straight into his current job with no gaps when he was out of work or self employed.
Today he has received a "self assessment: penalties for late filing and late payment" and a fine of £1200 for the period of 2010-2011. But he was employed full time so I dont understand why they have sent this? My partner is working away in Scotland at the moment so can't ring them just yet. I just wanted some advice until he can ring them. It says you can appeal.
Thanks

PlutoinCapricorn

The only way to be sure is to contact HMRC and ask why he is expected to have self assessed. They would have sent notifications that a return is due: have they got his latest address?

However, there are some possibilities: if he has been self employed in the past and not notified them that he has stopped he would certainly be expected to complete a return, but some people who are not self employed must also self assess. Ministers of religion; people past retirement age; high earners; income from property...

is he a company director?

Sambucus_Nigra

evasull32 wrote: »

Hi there I was hoping someone could help me.

My partner is an electrician and has been working for the same company since April 2010. He was working for another company before that from November 2009. He went straight into his current job with no gaps when he was out of work or self employed.
Today he has received a "self assessment: penalties for late filing and late payment" and a fine of £1200 for the period of 2010-2011. But he was employed full time so I dont understand why they have sent this? My partner is working away in Scotland at the moment so can't ring them just yet. I just wanted some advice until he can ring them. It says you can appeal.
Thanks

He probably has to still complete a Self assessment from his self employed days - if he hasn't informed them that he is no longer self employed.

evasull32

this is the issue - he has never been self employed! he's been unemployed but not self employed. he has the card that some electricians have that means he can work self employed if he wanted to but he has never had to.

also, he has never received any correspondence to say he needs to complete a tax return or its late etc. He had some paperwork come through a couple weeks ago relating to years 2007-8 and he called and told them he was employed during those years. The person he spoke to said that was fine and she would send him the forms. All he had to do was state that he was in full time employment during those years and send them back and that would be that. But now he has received this separate letter in relation to 2010-11 and that he hasnt filled in his self assessment form so he has a penalty. why do they think he's self employed when he is working for a company and paying his tax?

evasull32

No hes not a company director, just an electrician.

PlutoinCapricorn

Eva, many people who are not and never have been self employed are required to complete tax returns. It is possible that it was the unemployment that has triggered this; HMRC have been merging their records and have made mistakes in some cases.

I am sure that this can get sorted out with a phone call or two.

antonic

The problem with dealing with HMRC is that if they expect you to do something (like fill in a Self Assessment return), it must be done even if its a NIL return.

Get the return(s) filled in pronto and sent back, and appeal against the Penalties giving reasons WHY the Penalty should be waived.

Also, if your husband wants you to act for him, he will need to send in a SIGNED letter, authorising you to act on his behalf.

If you have any more questions, please post back.

evasull32

he hasn't received a self assessment form for 2010-2011, just the ones for 2005-07 which he has been given a month to fill in and return. he received them last week but has been working in scotland all this week. he has going to do them this weekend. thats where the confusion is, he's now received this penalty for 2010-11. Thanks everyone for your advice. he's back from scotland tonight so he will call them tomorrow and get it sorted. any use in speaking to his boss about it?

antonic

evasull32 wrote: »

he hasn't received a self assessment form for 2010-2011, just the ones for 2005-07 which he has been given a month to fill in and return. he received them last week but has been working in scotland all this week. he has going to do them this weekend. thats where the confusion is, he's now received this penalty for 2010-11. Thanks everyone for your advice. he's back from scotland tonight so he will call them tomorrow and get it sorted. any use in speaking to his boss about it?

He can do if he wants, but the returns are for him as an individual.

sweetietot

evasull32 wrote: »

this is the issue - he has never been self employed! he's been unemployed but not self employed. he has the card that some electricians have that means he can work self employed if he wanted to but he has never had to.

If you mean the CIS card, then he has registered as self-employed at some point