Child Benefit. ,

sheramber

Dazed_and_C0nfused said:

Jayd30 said:

Dazed_and_C0nfused said:

Jayd30 said:

Dazed_and_C0nfused said:

Jayd30 said:

Jayd30 said:

Dazed_and_C0nfused said:

Jayd30 said:

Dazed_and_C0nfused said:

Jayd30 said:

Dazed_and_C0nfused said:

Late filing penalties can only be charged if you don't complete the return within 3 months of it being issued (or a notice to file a return being issued).

To get late filing penalties of £1,600 indicates returns were issued a long time ago and weren't filed.

Which is somewhat different to what your original post implies.  That you have only recently become aware of HICBC and returns (or notices to file returns) had not yet been issued.

I was able to submit a self assessment return for 2022/2023 however I am waiting for HMRC to send out forms for 2020/21 and 21/22 tax years. 

What is the correct position???

The correct position is this: 

Since 2020/2021 tax year I started earning over £50k. 

When I started looking into this matter the week before last I was only able to submit an online return for the tax year 2022/2023. This has been completed and they said we owed £1911.79 (this included interest). This has been paid and they are now asking for £94 30 day late penalty for that tax year. I have submitted an appeal for the late penalty charge.

I was never issued a return for 2020/2021 or 2021/2022 tax year. I have had to ask HMRC to send me out forms for these years (received today) and they have also opened up these years on the gov gateway now so I can complete online. 

I have used their online penalty calculator to get a summary for each year of what the interest and penalties would/could be for each year £1600 late penalty + Interest + paying back the child benefit.

They have never issued me self assessment returns for 2020/2021 2021/2022 and I have never received any notice to file a self assessment return for these years. 

You have misunderstood how late filing penalties work.

There cannot be a late filing penalty if you submit the returns within 3 months of them (or the notices to file) being issued.

Interest is different and will be charged.

So technically as they have only issued the 2020/2021 and 2021/2022 self assessments in April 2024 at my request. I have three months to complete and they cannot apply late penalties?  

Providing you file the returns within 3 months then late filing penalties won't be charged.

There are other penalties which might be applicable but as you have made a voluntary disclosure and will presumably pay the tax due asap you have done as much as you can to minimise the chance of any other penalties being imposed.

You will be charged late payment interest though so you might want to make a payment onto your Self Assessment account now to minimise the interest.  There is no right of appeal against an interest charge.

And don't forget if you have made any relief at source pension contributions (where the pension company adds 25% to your net contribution) then you should include those on the returns.

Thank you for the advice going to get this sorted today and, hope for the best. 

Well sadly they are trying to charge late penalties for the 2021 2022 tax year. Looks like a lengthy wait to speak to someone tomorrow and do another appeal.

What type of penalty?

30 Day Late Payment, 6 Months Late Payment and 12 Months Late Payment. 

So not for late filing of a tax return.

You may have grounds for appeal but the precise sequence of events will be important.

Thanks, I will be giving them a call tomorrow to see what they say and if I can appeal. And thanks for your assistance  

To be honest I thought those (late payment) penalties were only charged if the tax wasn't paid within 30 days of the tax return filing date.

So if your tax return was issued late, for whatever reason, you had to have paid within 30 days of your bespoke filing date whereas those penalties appear, from what you have previously posted, to be based on the normal filing date.

I may be out of touch with this particular situation 😔

It depend sif it is a failure to notify case or not.
https://www.gov.uk/hmrc-internal-manuals/self-assessment-manual/sam126080