Accountant not submitted my tax. Return

Techbe

Hello,
I’m looking for some advice. I was a contractor as limited business for less than a year (ended end of September) during this time I paid an accountant for their services which included submitting my tax return. I gave them all my information needed for my tax return  in November. Or at least I thought did, I haven’t been watching my personal email and they sent two emails one in February and another in March asking to my UTR number. Due to not having my UTR number they haven’t submitted my tax return and I’ve now been fined. I think considering I paid money for them to complete the job they should tried to communicate with me in more than one way? 

I know from a HMRC side I am responsible, but can I rightfully claim this back from them considering they did not do the job? Also I’m sure they have my UTR number as they set me up as self employed. 

The accountant response was to try and appeal using covid as excuse. But I’m not in a permanent role earning good money so that is not really a feasible option.

Thank you 

sheramber

What do you mean by ‘limited busines’?

[Deleted User]

Op - can you confirm if your business operated as a limited company and, therefore, you were not self-employed?

Techbe

[Deleted User] said:

Op - can you confirm if your business operated as a limited company and, therefore, you were not self-employed?

Sorry self tax assessment I meant. Operated as a limited business

Techbe

sheramber said:

What do you mean by ‘limited busines’?

I was paid for a project of work rather than hourly and I meant I did a self assessment on tax as I paid myself wages from the business for the work I completed 

pjcox2005

HMRC are waiving a lot of penalties so stating it was delayed due to Covid (maybe that was why you check personal e-mail less due to a change in role (slight stretch) may just get it removed.

I'd probably say 50:50 blame, I'd probably expect them to try and contact you if receiving no response. But likewise if you've given that e-mail address as contact details then you should check it and respond - particularly if for example you've e-mailed them on separate matters from that address. Just saying it's not your fault is a bit too simple, stretching slightly but if someone sent me a letter (DVLA, police) to my home address I wouldn't just argue I didn't get round to opening it so it's their issue. I think same rules on post apply to e-mails when you've stated they're your contact details.

Techbe

pjcox2005 said:

HMRC are waiving a lot of penalties so stating it was delayed due to Covid (maybe that was why you check personal e-mail less due to a change in role (slight stretch) may just get it removed.

I'd probably say 50:50 blame, I'd probably expect them to try and contact you if receiving no response. But likewise if you've given that e-mail address as contact details then you should check it and respond - particularly if for example you've e-mailed them on separate matters from that address. Just saying it's not your fault is a bit too simple, stretching slightly but if someone sent me a letter (DVLA, police) to my home address I wouldn't just argue I didn't get round to opening it so it's their issue. I think same rules on post apply to e-mails when you've stated they're your contact details.

My last communication was with him in November and he started everything was done and he would submit. I don’t check my personal emails bar for things like this and with it taking him a further a 3 months to contact me. I agree I should of checked but on the other hand I paid to complete that service and they have rung and spoke to me in the past. Our communications move more to email has he seem incapable of being in work when I arranged a meeting. But I did call to say I wanted to close my limited business. 

I’m going to speak to senior manager and at least complain as I’ve paid them roughly 2k over 9 months for their services and they charged me additional to close off the business and close it off for taxes purposes .

pjcox2005

I understand, I would expect most firms will also incur the penalty to keep a customer happy. I think perfectly entitled to ask them, I'm just saying you do need to take some responsibility unless you informed them that it was no longer appropriate to rely on e-mail.
Hope you get it sorted though because these penalties are always frustrating.

badmemory

If they didn't ask for the info until February then they would already have been late filing.  The last date is 31st January.

[Deleted User]

badmemory said:

If they didn't ask for the info until February then they would already have been late filing.  The last date is 31st January.

Extended this year by one month.

badmemory

[Deleted User] said:

badmemory said:

If they didn't ask for the info until February then they would already have been late filing.  The last date is 31st January.

Extended this year by one month.

Well you got me there!  Thanks for the info.