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Late filing penalties cancelled as tax return not issued for the purpose of establishing tax liability

By Mark McLaughlin, August 2019

The taxpayer’s appeal against penalties for the late filing of a tax return was allowed as HMRC’s filing notice was not issued for the purpose of establishing the amount of his chargeability to tax, but to collect a tax underpayment.

On 23 March 2017, HM Revenue and Customs (HMRC) issued the appellant with a notice to file a self-assessment return for the tax year 2015/16. The notice required the appellant to deliver the return by 23 June 2017. A completed paper return was filed by the taxpayer on 8 May 2018.

HMRC assessed an initial penalty of £100, daily penalties amounting to £900, and a further penalty of £300 for failing to file the return six months after the due date. The taxpayer appealed (HMRC did not put a case to the First-tier Tribunal (FTT) for the daily penalties, so the FTT cancelled them).

The FTT

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