New Self Assessment penalties for late returns and late affect returns for 2010/11 which are shortly becoming due.

The new penalties for late Self Assessment returns are:

Lateness

Penalty

Miss filing deadline

£100*

3 months late

Daily penalty £10 per day for up to 90 days (max £900)

6 months late

5% of tax due or £300, if greater

12 months late

5% or £300 if greater, unless the

taxpayer is held to be deliberately withholding information that would enable HMRC to assess the tax due.

12 months & taxpayer deliberately withholds information

Based on behaviour:

  • deliberate and concealed withholding 100% of tax due, or £300 if greater.
  • deliberate but not concealed 70% of tax due, or £300 if greater.

Reductions apply for prompted and unprompted disclosures and telling, giving and helping.

* No reduction if payment is made on time, there is a loss or a nil liability.

Interest will also be charged on top of these penalties.

The tax return deadlines remain unchanged – 31 October for paper and 31 January for online returns. The deadline for paying any tax due also remains the same at 31 January.

For further information see:

Tax penalties: failure to make a return (late filing)

Tax penalties: self-assessment late filing (up to 2009/10)

For more information on other tax penalties visit our: Penalties & Compliance section.

Subscribers: we recommend:

Adviser's Tax Penalty Planner a summary of the transitional tax penalty regime: what penalty will apply, when, where and why.