Accountant forgot to sent Tax return

HampoP

My husband’s accountant emailed hubbys copy of completed Tax return on 31Jan showing what he was submitting but then had a family emergency and forgot to do is. Now hubby not eligible to claim SEISS grant because of accounts fault. Where do we stand

zzyzx1221

You'll need to take this up with the accountant.  It's his fault your return was not submitted on time.


Presumably, it wasn't just filed after Jan 31st but also after March 2nd?

HampoP

zzyzx1221 said:

You'll need to take this up with the accountant.  It's his fault your return was not submitted on time.


Presumably, it wasn't just filed after Jan 31st but also after March 2nd?

Accountant didn’t realise he hadn’t done it until we rang to say hubby had been charged £100 late penalty. We have dated email proof from accountant on 31Jan saying what he was submitting 

zzyzx1221

HampoP said:

zzyzx1221 said:

You'll need to take this up with the accountant.  It's his fault your return was not submitted on time.


Presumably, it wasn't just filed after Jan 31st but also after March 2nd?

Accountant didn’t realise he hadn’t done it until we rang to say hubby had been charged £100 late penalty. We have dated email proof from accountant on 31Jan saying what he was submitting 

Then as long as you gave them all the info they required to submit it on time the accountant, at least on the face of it, is responsible and they (or their insurers) should be coughing up the missing money.

HMRC are not interested in why you filed late, so appealing with them is a non-starter.

MattMattMattUK

In theory your accountant could be regarded as liable, it depends on the terms and conditions you engaged them under. Most accountants, in normal times, if they made that mistake, would pay the late filing/payment fees on behalf of the client, however the SEISS payments make things more complicated. You might find that you can claim under their insurance, you also might be able to take them to court for the loss, but that would be a lot more complicated.

Is there a reason that the filing was left to the last minute?

HampoP

MattMattMattUK said:

In theory your accountant could be regarded as liable, it depends on the terms and conditions you engaged them under. Most accountants, in normal times, if they made that mistake, would pay the late filing/payment fees on behalf of the client, however the SEISS payments make things more complicated. You might find that you can claim under their insurance, you also might be able to take them to court for the loss, but that would be a lot more complicated.

Is there a reason that the filing was left to the last minute?

He claims they had a family emergency illness and had to rush to look after a family member and forgot. 

MattMattMattUK

HampoP said:

MattMattMattUK said:

In theory your accountant could be regarded as liable, it depends on the terms and conditions you engaged them under. Most accountants, in normal times, if they made that mistake, would pay the late filing/payment fees on behalf of the client, however the SEISS payments make things more complicated. You might find that you can claim under their insurance, you also might be able to take them to court for the loss, but that would be a lot more complicated.

Is there a reason that the filing was left to the last minute?

He claims they had a family emergency illness and had to rush to look after a family member and forgot. 

I do not mean why the accountant did not file on 31/01, I mean why was it left until 31/01 in the first place, which is the last minute, having had since April the previous year to file. 

macman

LBA to your accountant, asking him to pay the late filing fee and the value of the lost SEISS 4 grant (and probably 5).
Regardless of any domestic issues, he is liable, and his professional indemnity insurance should cover him for this.
Don't waste your time appealing to HMRC,as there are no grounds for an appeal.

Pennywise

MattMattMattUK said:

HampoP said:

MattMattMattUK said:

In theory your accountant could be regarded as liable, it depends on the terms and conditions you engaged them under. Most accountants, in normal times, if they made that mistake, would pay the late filing/payment fees on behalf of the client, however the SEISS payments make things more complicated. You might find that you can claim under their insurance, you also might be able to take them to court for the loss, but that would be a lot more complicated.

Is there a reason that the filing was left to the last minute?

He claims they had a family emergency illness and had to rush to look after a family member and forgot. 

I do not mean why the accountant did not file on 31/01, I mean why was it left until 31/01 in the first place, which is the last minute, having had since April the previous year to file. 

Yes, I agree.  When was the info actually provided to the accountant?  I have a 3 month rule, so my T&Cs specifically deny any responsibility for late filing implications if I don't get ALL the information by the end of October each year - that's already a good 7 months after the tax year end, so plenty of time for clients to get their info to me.  99% of them do it.  That gives me plenty of time to do my work, allowing for holidays, sickness time, family emergencies etc.  The OP needs to check the letter of engagement with the accountant and check when all the information was provided.  If the accountant had all the info for a few months, then yes, they're responsible, but if the info had only been provided the week before the deadline, then the OP didn't leave enough time for the work to be done and to cover contingencies etc.

Thrugelmir

HampoP said:

zzyzx1221 said:

You'll need to take this up with the accountant.  It's his fault your return was not submitted on time.


Presumably, it wasn't just filed after Jan 31st but also after March 2nd?

Accountant didn’t realise he hadn’t done it until we rang to say hubby had been charged £100 late penalty. We have dated email proof from accountant on 31Jan saying what he was submitting 

Did the accountant ask your husband to approve the accounts first? Surely wouldn't just tell him that they were being submitted. 

macman

Pennywise said:

MattMattMattUK said:

HampoP said:

MattMattMattUK said:

In theory your accountant could be regarded as liable, it depends on the terms and conditions you engaged them under. Most accountants, in normal times, if they made that mistake, would pay the late filing/payment fees on behalf of the client, however the SEISS payments make things more complicated. You might find that you can claim under their insurance, you also might be able to take them to court for the loss, but that would be a lot more complicated.

Is there a reason that the filing was left to the last minute?

He claims they had a family emergency illness and had to rush to look after a family member and forgot. 

I do not mean why the accountant did not file on 31/01, I mean why was it left until 31/01 in the first place, which is the last minute, having had since April the previous year to file. 

Yes, I agree.  When was the info actually provided to the accountant?  I have a 3 month rule, so my T&Cs specifically deny any responsibility for late filing implications if I don't get ALL the information by the end of October each year - that's already a good 7 months after the tax year end, so plenty of time for clients to get their info to me.  99% of them do it.  That gives me plenty of time to do my work, allowing for holidays, sickness time, family emergencies etc.  The OP needs to check the letter of engagement with the accountant and check when all the information was provided.  If the accountant had all the info for a few months, then yes, they're responsible, but if the info had only been provided the week before the deadline, then the OP didn't leave enough time for the work to be done and to cover contingencies etc.

Quite possibly, but then I'd expect the accountant to contact the client no later than, say, 48 hours prior to the deadline, and to inform them that they would not be able to file within the deadline. They then have the option of filing themselves.