Penalties for late returns and late payment of tax

• Income tax
• Corporation tax
• PAYE
• CIS
• VAT
• Limited company accounts

Income tax self assessment	Standard penalties for filing late
One day late	£100 (or £100 per partner for a partnership)
Three months late	£10 per day up to a maximum of £900
Six months late	Further penalties calculated on the greater of 5% of tax due on £300
For failure to notify liability or for careless inaccuracies in a return: Failure not deliberate: up to 30% of tax Failure deliberate but not concealed: up to 70% of tax Failure deliberate and concealed: up to 100% of tax Where the failure or inaccuracy relates to an offshore asset or income these penalties can be doubled.
Standard penalties for paying balancing amount late:
Thirty days late	5% of the unpaid tax due at that date
Six months late	A further 5% penalty of the tax that remains unpaid at the date
Twelve months late	A further 5% of the tax that remains unpaid at the date
OTHER PENALTIES: Failure to keep and retain tax records: up to £3,000 per year of assessment False statements to reduce payments on account: up to the shortfall of tax Failure to produce documents or obstructing an inspection: £300 plus daily penalty of up to £60 The Upper Tribunal may impose a penalty where significant tax is at risk.

Corporation tax self assessment	2013/14
First and second late returns - up to 3 months late	£100
Third consecutive late return - up to 3 months late	£500
First and second late returns - 3 - 6 months late	£200
Third consecutive late return - 3 - 6 months late	£1,000
Returns more than 6 months late	10% of tax outstanding
Returns more than 12 months late	20% of tax outstanding
For failure to notify liability or for inaccuracies in a return: Failure not deliberate: up to 30% of tax Failure deliberate but not concealed: up to 70% of tax Failure deliberate and concealed: up to 100% of tax
PAYE
Year end return (form P35) and related forms
Form P11D(b) where due
Forms P11D
For 2013/14 The penalty is based on the number of items the employer has failed to deliver:
Number of items Penalty 1-2 £0 3-49 £100 50-149 £300 150-299 £600 300-399 £900 400-499 £1,200 500-599 £1,500 600-699 £1,800 700-799 £2,100 800-899 £2,400 900-999 £2,700 1,000 or more £3,000
CIS
Monthly return - CIS 300
One day late	£100
Two months late	£200 plus penalties above
Six months late	£300 minimum - but tax geared
Twelve months late	A further £300 or 5% of CIS reduction, plus penalties above (but in serious cases this can be the greater of £3,000 or 100% of CIS due
Maximum penalty for late registration	£3,000
Failure to provide information	£3,000
VAT : default surcharge periods
First return in surcharge period	2%
Second return in surcharge period	5%
Third return in surcharge period	10%
Fourth and subsequent return in surcharge period	15%

Notes

1. VAT default surcharge also applies when the VAT return has been submitted but the VAT remains unpaid. The penalty is calculated at the rate shown applied to the VAT outstanding. Late repayment returns still register as a default, but no penalty is due.
2. Surcharges at 2% and 5% are not levied if the amount of the surcharge does not exceed £400, but the default still registers and increases the potential surcharge for the next default.
3. Where the 10% and 15% surcharges are less than £30, a minimum £30 surcharge is applied.

Late payment penalties

Self Assessment

Penalties of 5% of the tax unpaid are charged thirty days and six months after the due date for tax payment (31 Jan) on 1/2 March and 31 July.

VAT

The default surcharge penalty system also applies to late payment of VAT liabilities, even if the return is filed on time.

PAYE, NIC and CIS tax

There is a penalty regime under which late payment of PAYE, NIC and related liabilities during the tax year will attract a penalty. The first late payment in the tax year is not liable to penalties but subsequent late payments attract a penalty base on the total number of late payments in the tax year.

Number of defaults	Penalty % (of total amount paid late)
1	0
2,3,4	1%
5,6,7	2%
8,9,10	3%
11 or more	4%

Tax is due by 19th of the following month or 22nd if paid electronically. Small employers may use the quarterly payment scheme. Late payment penalty notices are sent out after the end of the tax year, so you may not be aware that substantial penalties are accruing.

Limited company accounts – late filing penalties

Penalties for late filing are as follows:

Length of delay, based on the filing date	Private company	Public company
Not more than one month	£150	£750
More than one month but not more than three months	£375	£1,500
More than three months but not more than six months	£750	£3,000
More than six months	£1,500	£7,500

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