Seiss grant 4

ScoobyJas

Jeremy535897 said:

I don't think there is anything you can do. I assume you just sent the return in via ordinary post?

yes normal post as i was well within the latest date to send in.
I did not know that Mr Sunak was going to announce march 2nd date

Jeremy535897

Of course not. I was just exploring whether you might have some evidence that they received it by 2 March.

ScoobyJas

no nothing unfortunately

sheramber

You could always appeal.  The worst they can do is say no, but you will have tried.

ScoobyJas

i did appeal and they still said no as tax return was filed late. It is black & white to them

MattMattMattUK

ScoobyJas said:

Yes i have been self employed since 2009 to present
Yes no paye since before 2009
Still self employed SA
My bankruptcy was from Sept 19- Sept 20. Was discharged Sept 20
Sept 19 Hmrc were informed
Late 20 i received new utr

I think it is one of those circumstances that gets missed, there have been others and it is just unfortunate really.
My understanding of bankruptcy self assessment is not solid, but I think it gets complicated with the pre and post discharge UTR and separate filings for those periods, even more confused with the bankruptcy spanning multiple tax years. 

The only other thing I can think of is contacting your bankruptcy practitioner who might be able to advise as there is a possibility they may have had others in a similar position.

ScoobyJas said:

i did appeal and they still said no as tax return was filed late. It is black & white to them

HMRC have to be black and white, they are only allowed to apply the law and can not make exceptions that do not exist within the law. You could read the legislation to see if it would count as an error on the part of HMRC, but I suspect that they would say there was adequate time had you sent the return soon after receiving the paper return and sent it by recorded post. 

There is no harm in appealing again and possibly writing to your MP. Depending on when exactly you received the paper return and when you sent it, you could attempt to have it classed as an error by HMRC rather than a non-submission. I think the chances are slim, but as it will only take a few minutes to do it is worth the attempt. 

macman

ScoobyJas said:

Jeremy535897 said:

I don't think there is anything you can do. I assume you just sent the return in via ordinary post?

yes normal post as i was well within the latest date to send in.
I did not know that Mr Sunak was going to announce march 2nd date

But, until he announced the extension, the date was still 31/1/21. It was already too late when you received the paper return in mid-Feb,
As others have advised, you've nothing to lose by appealing, but you'll have to demonstrate a failing by HMRC, rather than asking for a discretionary waiver.

ScoobyJas

Why did i not receive the paper tax return long before the 31st January anyway. Why was it sent out so late to me in the first place?
Surely HMRC sending me out the return so late in the first place is negligence on their part. If i had received in when i should have done i wouldn't be in this position now  

sparklep0ny

ScoobyJas said:

Why did i not receive the paper tax return long before the 31st January anyway. Why was it sent out so late to me in the first place?
Surely HMRC sending me out the return so late in the first place is negligence on their part. If i had received in when i should have done i wouldn't be in this position now  

How do you know that?  Plenty of people had from April 6th 2020 all the way through to March 2nd 2021 to file online and still didn't manage to get that done, so you could just have easily have sat on it until it was too late.

ScoobyJas

I could not do anything online as i was bankrupt. I have just got off the phone to Self Assessment team and they issued the return on 21st January, do not know when they actually posted it. So clearly i did not just "sit on it" as you put