Partnership penalties

Hew

I completed the tax returns for my partner and myself online last year in January using tax software recommended by HMRC, a while later I was notified that the partnership return hadn't been received and we were charged penalties, I then wrote to them and stated the date and time they were sent but still sent more penalties I then spoke to someone from HMRC who said re-send elctronically which I tried to but the software doesn't work after Jan 31, I was then told to send a paper copy which I did, by this time it was June and the penalties had escalated, I then sent in another letter of appeal which was rejected so yet again I phoned and explained the situation bearing in mind our company has never made a profit and my partner (daughter) and I only have part time jobs (the penalties are now exceding £1200 each) I have now been sent another rejection letter along with an appeal form - please help as I'm at my wits end!

pjclar02

What software did you use? Did it generate a confirmation email/page to confirm that the return was filed?

Pennywise

Can we clarify one issue here. Can you confirm that you submitted 3 returns - a personal one for each of you and a partnership return covering the partnership business.

What do the penalties relate to? Are they for your personal returns or are they for your partnership return?

Hew

I used Forbes and submitted three returns or so I thought, 2 x SA100 and SA800. The Inland Revenue confirm the SA100's were received though not at first. The penalties are for the late partnership form (SA800). If I had only wanted to submit the personal returns I would have used the HMRC website to send them which you can't with partnership returns so I purchased Forbes as recommended by HMRC.

Pennywise

Hew wrote: »

I used Forbes and submitted three returns or so I thought, 2 x SA100 and SA800. The Inland Revenue confirm the SA100's were received though not at first. The penalties are for the late partnership form (SA800). If I had only wanted to submit the personal returns I would have used the HMRC website to send them which you can't with partnership returns so I purchased Forbes as recommended by HMRC.

So have you got your submission receipt?

I don't know Forbes, but the software we use gives an on-screen submission confirmation (including HMRC reference number) to confirm it's been sent. This has been useful in the past as it confirms the data has been successfully sent. The software we use allows us to go back and view/print the submission confirmation in the future.

Once submitted, HMRC then send an email back to you to confirm they've received it. Did you get nothing back from them re the partnership return?

I really do think the key to all this is with Forbes - you need to check with them how to get a submission receipt to prove you've sent the data. Even if HMRC never received it, a proof of submission should be enough to reduce/eliminate the penalties as it's "reasonable excuse".

Hew

I have checked the transmit and summary of the software I used but unfortunately it doesn't have the date and time the forms were submitted. I was only able at the time to print off one of the SA100's due to problems with my printer which is how I know the date and time they were sent. The Inland Revenue agree that the two SA100'S were received but they say not the SA800.
I am sending an appeal form, hopefully the decision will be overturned as this wasn't my fault.