HMRC non receipt of electronic return
Discussion
My other half has received notification from HMRC that she didnt complete a return this year for 2008/09
She did it online in January but when I asked her if she had saved a copy of course she hadnt!
When the calculation was done she didnt owe HMRC anything nor them her.
Has anyone been in this situation and how did it resolve..I have suggested they may have audit trails of IP addresses and therefore there is at least a suggestion she is telling the truth
Also if the net tax figure is £0 then would she still be liable for the £100 fine?
She did it online in January but when I asked her if she had saved a copy of course she hadnt!
When the calculation was done she didnt owe HMRC anything nor them her.
Has anyone been in this situation and how did it resolve..I have suggested they may have audit trails of IP addresses and therefore there is at least a suggestion she is telling the truth
Also if the net tax figure is £0 then would she still be liable for the £100 fine?
That is correct. Many people fell foul of that a few years ago. They hadn't actually made it right through to the end of the process and exited the system without formally filing the return - even though they thought they had.
Did she receive an e-mailed acknowledgement of the return after she had "submitted" it? If she did, then that would be valid proof that the retun had been submitted.
If it turns out that she hasn't technically filed the return, she needs to go through the process again making sure she doesn't exit the system until the return is corectly submitted.
The rules on late submission of tax returns MAY have been changed regarding penalties - al;though HMRC do not seem to be applying the new rules yet. From 6 April 2009, the law was changed and most accountants arrived at the conclusion that the £100 would now be payable even if no tax had been due for the relevant tax year covered by the return. That is what many of the tax experts were saying.
Despite this, it does look like they have applied the old rules for tax year 2008/09. It is all extremely confusing and HMRC have made no comment on this matter. I would certainly expect that the cancellation of penalties because no tax was due will not apply to 2009/10 tax returns (due by 31 January 2011).
Did she receive an e-mailed acknowledgement of the return after she had "submitted" it? If she did, then that would be valid proof that the retun had been submitted.
If it turns out that she hasn't technically filed the return, she needs to go through the process again making sure she doesn't exit the system until the return is corectly submitted.
The rules on late submission of tax returns MAY have been changed regarding penalties - al;though HMRC do not seem to be applying the new rules yet. From 6 April 2009, the law was changed and most accountants arrived at the conclusion that the £100 would now be payable even if no tax had been due for the relevant tax year covered by the return. That is what many of the tax experts were saying.
Despite this, it does look like they have applied the old rules for tax year 2008/09. It is all extremely confusing and HMRC have made no comment on this matter. I would certainly expect that the cancellation of penalties because no tax was due will not apply to 2009/10 tax returns (due by 31 January 2011).
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