Late filing penalty? Help!

[Thefaceofboe]

Sorry this isn’t AIBU... Or I suppose AIBU for being confused?

My partner was sent this by hmrc for apparently not filing his tax return it time but he hasn’t been self employed for 5 years or so now.

Or could it be a scam? It’s a nightmare and been on hold for 40 minutes now

Has he told them he has closed his business? It took them years to accept i have and tbh they asked me to file again this year I pointed out again that I have ceased trading and I fully expect to have to go through this again next year

It looks pretty real. Has he sent one in the previous years?. I’d phone early Monday morning it should be less busy if you call as they open.

It looks genuine to me.

Did he inform HMRC when he stopped being self-employed?

He’s never had anything like this before. When I say ‘self employed’ he was technically self employed through a building firm he worked for, so never had his own business. I don’t know why it says May 2019 either, which is what makes me think it’s just a mistake.

Will probably leave it over the weekend anyway but these things stress me out

It's probably just an error. HMRC make them a lot.

However, has he had any other sources of income in the year to 5 April 2020? Not just employment or self-employment, but has he had any investment income such as dividends or savings income outside of ISA wrappers, for example? Has he sold any assets which may need reporting for CGT?

If all he had in that year was his employment income, I'd say it's an error.

Was he asked to do a tax return by HMRC?
If so he has to do one and will get charged a penalty if its late,even if he doesn’t owe any tax

I got through to hmrc instantly via their live chat. Brilliant service.

You have to tell them if you are no longer self filing.

Whatever you do don't ignore it. Ring them, note down who you speak to. Or do live chat and take a copy of it for your records.

Have HMRC told him he doesnt need to file anymore? They (finally) sent me a message after my last return (0 tax paid, 0 tax owed, just like the previous 5) to say there were no longer required. If you've not been told they are unnecessary, you herd to carry on doing them. Sorry.

I got one! My closed my company four years ago! I also didn’t do one last year, and didn’t receive any notification that I needed to do one.
There is a section where you can enter the details to see if you need to do one or not.
I’ve done that and will appeal the fine.
No idea what triggered it, my tax code recently changed and I think that might be it
Good luck

Yes everything was done properly and he did his tax return etc at the time and he’s been working for another company (not self employed) since that time without hearing a thing. He has had a recent letter about his tax code though so maybe that’s related? Will get him to try the chat now.

You don't have to be self employed to be required to file a self assessment return.
Does he have a company car or any other large benefits?

I got one too this year, ceased trading three years ago, and have told them more than ten times. Have sent the appeal in, but was not aware there was live chat.

It’s genuine. He might be able to appeal if he can prove he told them he didn’t need to fill in a tax return anymore. You won’t be able to speak to them on his behalf though so don’t waste time trying. They won’t speak to anyone but the tax payer or their registered agent since GDPR

Does he have a company car or any other large benefits no nothing like that

He claims he has told them he doesn’t need to file a tax return but who knows. He’s happy to pay if legit

You can appeal against the penalty very easily online. Follow the info in the letter.

Did he actually tell them he wasn't self employed anymore. You are totally missing the point that you need to tell them this.

@Oblomov21 yes 😂 I’m not missing the point, I said above he did everything properly at the time and told them.

I don't know but when you get through you'll probably find they'll be surprisingly helpful so hang on.

I had the same - no obligation to file. Called them (on hold for nearly an hour - didn't know about live chat!). Adviser asked a few questions, cancelled the penalty notice and I received a letter this week saying no future obligation to file as paye only now.

You also have to file a tax return if you get child benefit and either one of you earns 50k or more.

You either need to call them to say no return was due and cancel penalty, or if a return was due to appeal the penalty you need to complete form SA370 to appeal a penalty and send it in within 30 days of the penalty notice.

You need to have a reasonable excuse for the penalty appeal to be successful so if no return was due you’d be better calling to leave self assessment. Your DH will need to do this as the tax payer.

This seems to have happened quite a lot this year. I spent 3 hours on the phone, adviser told me it was their mistake but unfortunately put me through to another department who I just couldn't get through to.I've sent them a letter and will try phoning again.