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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15916
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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I came to you with a question about £100 late payment fine

Resolved Question:

I came to you with a question about £100 late payment fine for not submitting my self assessment tax return even though that I have been retired for 3years and have had no response from HMRC you advised me to pay the fine and appeal which I have done ( cheque cashed today and still no contact from HMRC
Submitted: 2 years ago.
Category: Tax
Expert:  TonyTax replied 2 years ago.
Hi.

This is my answer to your previous question:

Hi.

1 HMRC won't suspend demands for payment whilst the appeal is in process. I know people who refused to pay until all appeal procedures were completed as they thought, wrongly in my opinion, that if they paid they would effectively scupper their appeal.

2 Once a return is issued, it is difficult to get HMRC to cancel it. I know you have called the helpline but you need to find out why they want you to complete a return and if it was issued to an incorrect address. The fact that you are retired is not really relevant. Many errors occur in the period immediately after a retirement with the mis-allocation of personal allowances and HMRC are gradually clearing these up. I'm not saying that happened in your case but it is a possibility.

If I were you I'd complete the return. HMRC are considering cancelling the late filing penalty in the future so you might benefit from a backdated unofficial change of policy especially if your return shows that you owe no tax.

I hope this helps but let me know if you have any further questions.

Nowhere in my answer does it actually tell you to pay the fine. All I said was that the collection process won't stop simply because an appeal has been made. If you appealed around the time you posted your previous question, 17 March, HMRC won't reply within a week. Appeals can take months to be adjudicated on depending how much work HMRC has on hand. If I were you, I'd call HMRC to make sure they have logged your appeal on their computer system and ask them what their current response times are for appeals of this nature.

I hope this helps but let me know if you have any further questions.
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