Conclusions
DECISION
We therefore allowed the appellant’s appeal against the £100 penalty in respect of the late filing of his tax return for 2010/2011, but we dismiss his appeal against the other penalties.
RIGHT TO APPLY FOR PERMISSION TO APPEAL
This document contains full findings of fact and reasons for the decision. Any party dissatisfied with this decision has a right to apply for permission to appeal against it pursuant to Rule 39 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009. The application must be received by this Tribunal not later than 56 days after this decision is sent to that party. The parties are referred to “Guidance to accompany a Decision from the First-tier Tribunal (Tax Chamber)” which accompanies and forms part of this decision notice.
Release date: 07th NOVEMBER 2025
APPENDIX 1
Penalty | Tax year | Amount (£) | Legislation | SA return due | Return filed | SA late by (days) |
Late filing penalty | 2010-2011 | 100.00 | Sch55 FA2009 | 05/01/2012 | 18/04/2012 | 108 |
Late filing penalty | 2011-2012 | 100.00 | Sch55 FA2009 | 05/01/2013 | 31/10/2014 | 638 |
Daily penalty | 2011-2012 | 900.00 | Sch55 FA2009 | 05/01/2012 | 31/10/2014 | 638 |
6-month late filing penalty | 2011-2012 | 300.00 | Sch55 FA2009 | 05/01/2013 | 31/10/2014 | 638 |
12-month late filing penalty | 2011-2012 | 300.00 | Sch55 FA2009 | 05/01/2013 | 31/10/2014 | 638 |
Late filing penalty | 2012-2013 | 100.00 | Sch55 FA2009 | 05/01/2014 | 24/10/2014 | 314 |
Daily penalty | 2012-2013 | 900.00 | Sch55 FA2009 | 05/01/2014 | 24/10/2014 | 314 |
6-month late filing penalty | 2012-2013 | 300.00 | Sch55 FA2009 | 05/01/2014 | 24/10/2014 | 314 |
Late filing penalty | 2014-2015 | 100.00 | Sch55 FA2009 | 05/01/2016 | 18/10/2016 | 193 |
Daily penalty | 2014-2015 | 900.00 | Sch55 FA2009 | 05/01/2016 | 18/10/2016 | 193 |
6-month late filing penalty | 2014-2015 | 300.00 | Sch55 FA2009 | 05/01/2016 | 18/10/2016 | 193 |
- Heading
- INTRODUCTION
- THE LEGISLATION
- Special circumstances
- Reasonable excuse
- Reasonable excuse
- Special Circumstances
- THE EVIDENCE AND THE FACTS
- The tax returns were filed very late
- The fact that there was no tax liability in the years in which the tax returns were filed late, does not affect the validity of the penalties. This was made clear to the appellant in Judge Rankin’s de
- Similarly, we have no power to discharge or adjust a fixed penalty simply because we consider it to be unfair (see Hok Ltd v HMRC [2012] UKUT 363 (“ Hok ”) Reliance on an agent cannot be a reasonable excuse by dint of paragraph 23(2)(b) Schedule 55
- HMRC have not established that valid notices to file were served on the appellant
- Our view
- Conclusion
- Conclusions
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