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Tax-Related Late Filing Penalties Not Due As Taxpayer Had No Tax Liability

By Mark McLaughlin, November 2018

The taxpayer’s appeal against fixed and daily penalties for the late filing of his tax return was dismissed, but his appeal against tax-related penalties was allowed as his tax liability for the relevant tax year was nil.

HM Revenue and Customs (HMRC) issued a notice to file a self-assessment return for the tax year 2010/11 to the appellant on 6 April 2011. The appellant’s electronic return was received by HMRC on 4 January 2015. The appellant’s tax calculation for 2010/11 showed that his income was less than the personal allowance for that tax year, such that the appellant did not have any income tax liability.

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