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.

Delay of several years in filing tax return was too long for appeal against late filing penalties

By Mark McLaughlin, May 2021

The taxpayer's appeal against HMRC's refusal of a late appeal against penalties for the late submission of a self-assessment return was dismissed, as the relevant tax return and the penalty appeals were submitted several years late. 

The appellant's self-assessment return for the tax year 2010/11 was received by HM Revenue and Customs (HMRC) on 19 March 2019. HMRC issued late filing penalties, which initially amounted to £1,300 but were subsequently reduced to £400. The appellant appealed, which was received by HMRC on 5 September 2019. The appeal did not include an application for an extension of time to be allowed to make a late appeal.

HMRC considered whether the appellant had a reasonable excuse for the delay in appealing. The appellant's appeal was 1,842 days late against the £100 fixed penalty and 1,660 days late in respect of the £900 penalty and the £300 penalty. Having considered the late

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

Corrective action form could not be used to make further consequential tax return amendments
By Mark McLaughlin, October 2025
Tribunal made errors in deciding a TV and radio presenter’s services through his personal service company were not within IR35
By Mark McLaughlin, September 2024
HMRC’s intention to enquire into taxpayer’s return was given out of time
By Mark McLaughlin, August 2024
Subsistence expenses paid to employees were within the scope of a dispensation
By Mark McLaughlin, June 2023
The taxpayer was prevented from challenging the validity of HMRC’s tax return enquiry
By Mark McLaughlin, November 2021