This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Parents’ Illness And Death Were Reasonable Excuses For Late Filing Penalty Purposes

By Mark McLaughlin, July 2017
The difficulties suffered by the appellant during and following the prolonged illness and eventual death of her parents constituted a reasonable excuse for the purposes of an appeal against a penalty for the late filing of her tax return. 

HM Revenue and Customs (HMRC) issued a notice on 6 April 2011 for the appellant, a self-employed therapist and counsellor, to file her tax return for 2010/11. The appellant failed to submit her tax return until 17 September 2012 and HMRC imposed late filing penalties (under FA 2009, Sch 55) amounting to £1,300.

The appellant appealed. In January 2013, the appellant’s agent wrote to HMRC. His letter stated that the appellant approached him in June 2012 to bring her tax affairs up to date, after caring in the previous four years for her two elderly parents in their terminal decline.

The agent’s letter to HMRC was accompanied by a letter of appeal
Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Discovery assessments were validly made due to careless advice by the taxpayer’s agent
By Mark McLaughlin, March 2020
Penalties cancelled as accelerated payment notices were not received
By Mark McLaughlin, March 2020
Barrister Did Not Have A Reasonable Excuse For Late Tax Payments
By Mark McLaughlin, March 2019
Enquiry Notice Stating Incorrect Tax Return Period Was Invalid
By Mark McLaughlin, August 2016
Information Notice Items Were Not In The Nature Of A HMRC ‘Fishing Expedition’
By Mark McLaughlin, June 2015