HMRC fine for late tax return.

unholyangel

Troy_af said:

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

I haven't de-registered because I was waiting for JNR accounting to file the return. I've only just found out this weekend that they haven't. It's not about when suits me.. the company are not operating due to covid. I don't care about getting a tax refund right now, I care about not having fines pile up when I'm not even going to be here to deal with any of it. Which is why I said I don't mind paying the fine.. but will they continue with the fines after this? 

I don't see how to get out of this right now. I'm being fined for not sending in a tax return, yet I won't be sending one because there is no longer a reason for me to.

Thanks for all the advice.

So when did you send the necessary information to JNR to process your return and did you not realise they hadn't sent a draft for you to approve? 

My point is, any failure of a contract between you and JNR is exactly that, between you and JNR. 

Also, fwiw, I've heard of some accountants contracting covid and being unable to work for a few weeks due to covid. I haven't heard of any that aren't operating at all due to covid. 

Plus JNR's website seems to state they are still operating and states they invested in technology to allow them to provide seamless services remotely, in their covid update. 

sheramber

fines will issued until you file a return or persuade HMRC that you do need to complete it and they cancel it. Try phoning  few minutes before the phones  open in the morning. They often answer then. 

Troy_af

unholyangel said:

Troy_af said:

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

I haven't de-registered because I was waiting for JNR accounting to file the return. I've only just found out this weekend that they haven't. It's not about when suits me.. the company are not operating due to covid. I don't care about getting a tax refund right now, I care about not having fines pile up when I'm not even going to be here to deal with any of it. Which is why I said I don't mind paying the fine.. but will they continue with the fines after this? 

I don't see how to get out of this right now. I'm being fined for not sending in a tax return, yet I won't be sending one because there is no longer a reason for me to.

Thanks for all the advice.

So when did you send the necessary information to JNR to process your return and did you not realise they hadn't sent a draft for you to approve? 

My point is, any failure of a contract between you and JNR is exactly that, between you and JNR. 

Also, fwiw, I've heard of some accountants contracting covid and being unable to work for a few weeks due to covid. I haven't heard of any that aren't operating at all due to covid. 

Plus JNR's website seems to state they are still operating and states they invested in technology to allow them to provide seamless services remotely, in their covid update. 

I sent the info to JNR around December time. They asked for a code to be sent from HMRC, then for me to send them the code. I think this code allows them to act on my behalf. I've heard nothing back since, other than an email stating that the office is closed and the agent dealing with my case will not be back in office until the end of Feb. Yes I am aware I need to be sent a draft copy to approve, again this was just a case of waiting for this to arrive.

Thanks again. I will attempt to contact JNR and HMRC Monday. 

Troy_af

sheramber said:

fines will issued until you file a return or persuade HMRC that you do need to complete it and they cancel it. Try phoning  few minutes before the phones  open in the morning. They often answer then. 

I will try and contact them again. I have applied to be removed from self assessment and since the only reason I am currently in it, is due to applying for a tax refund, I'm hoping this will be a good enough reason from their point if view. 

Thanks again for the advice.

missile

If I were you, I would complete and return the online return asap. It is not difficult and I would guess you have spent more time on this forum. It is possibly easier than contacting your accountant. 
You ought to be able to register to view and copy what your accountant has submitted in previous years. If not, you must have a friend or colleague who could assist you.

Thrugelmir

Troy_af said:

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

I haven't de-registered because I was waiting for JNR accounting to file the return. I've only just found out this weekend that they haven't. 

The obvious question is why you've left it so late. When did you provide them with the information? 

Troy_af

Thrugelmir said:

Troy_af said:

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

I haven't de-registered because I was waiting for JNR accounting to file the return. I've only just found out this weekend that they haven't. 

The obvious question is why you've left it so late. When did you provide them with the information? 

I provided them with the information in December. Again.. waiting on then returning to office in Feb. 

[Deleted User]

Troy_af said:

Thrugelmir said:

Troy_af said:

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

unholyangel said:

Troy_af said:

csgohan4 said:

you will need to file a tax return if hmrc has asked you to, unless your circumstances have changed for that tax year. 

Yes but the only reason I needed to file one in the first place was because I was going to claim for a tax refund for that year. That's why I was registered for self assessment.  What if i don't go ahead with the tax refund claim for that year, surely there would be no need to file a tax return then?

Then you should have deregistered. 

Because you didn't, HMRC would have sent a notice to file. If you receive a notice to file, you're required to file. Sometimes you can get them to withdraw the notice, but you might have difficulty convincing them that they should withdraw just so you can avoid penalties now and file whenever suits you. What would be the point in having penalties in that instance?

I haven't de-registered because I was waiting for JNR accounting to file the return. I've only just found out this weekend that they haven't. 

The obvious question is why you've left it so late. When did you provide them with the information? 

I provided them with the information in December. Again.. waiting on then returning to office in Feb. 

HMRC decided not to issue penalties if the 2019/20 was received by the end of February- an extension of one month. 
https://www.gov.uk/government/news/no-self-assessment-late-filing-penalty-for-those-who-file-online-by-28-february

sheramber

You say you claim every year for these expenses . 
Buy you only registered for self assessment to claim theses expenses. 
When did you register for self assessment?

Troy_af

sheramber said:

You say you claim every year for these expenses . 
Buy you only registered for self assessment to claim theses expenses. 
When did you register for self assessment?

In December. The company I use put me in and out if self assessment after each tax refund.. why they do that is a completely seperate issue. It's to stop HMRC changes my tax codes etc.