In Talkative Limited v HMRC [2019] TC07172 the FTT dismissed an appeal against late filing penalties for an employment related securities return; ignorance of the law and reliance on an adviser were not reasonable excuses.

If an employer gives shares to an employee, or sets up a tax advantaged share scheme, the benefit is taxed within the Employment Related Securities (ERS) regime.

Talkative Limited was required to file two returns for 2017/18 in respect of share option schemes.

The FTT dismissed the appeal; neither ignorance of the law or reliance on a third party is a reasonable excuse, unless you have taken reasonable care, and it was not objectively reasonable for Talkative to have registered the schemes with HMRC and not considered the ramifications of this.

The judge said the onus was on Talkative to ensure that they properly understood their obligations under the law. She refused to reduce the penalties; the fact that no tax was due did not constitute special circumstances.

Links to our guides:

Employment Related Securities (ERS)

Employment related securities: reporting issues

Grounds for Appeal: Reasonable excuse

Grounds for Appeal: Adviser error

External link

Talkative Limited v HMRC [2019] TC07172