We summarise the self assessment rules and penalties for failing to comply with your
obligations. If you live in the Dartford area we, at Kelley & Lowe Limited, can
prepare your tax return on your behalf and advise you on payments that may need to
be made to HMRC.
Under the self assessment regime an individual is responsible for ensuring that their tax
liability is calculated and any tax owing is paid on time.
The self assessment cycle
Tax returns are issued shortly after the end of the fiscal year. The fiscal year runs
from 6 April to the following 5 April (thanks to the switch from the Julian to the
Gregorian calendar in 1752), so 2024/25 runs from 6 April 2024 to 5 April 2025. Tax
returns are issued to all those whom HMRC are aware need a return including all those
who are self-employed or company directors. Those individuals who complete returns
online are sent a notice advising them that a tax return is due. If a taxpayer is not
issued with a tax return but has tax due they should notify HMRC who may then issue a
return.
A taxpayer is normally required to file their tax return by 31 January following the end
of the fiscal year. The 2024/25 return must be filed by 31 October 2025 if submitted in
'paper' format. Returns submitted after this date must be filed online otherwise
penalties will apply.
Penalties
Late filing penalties apply for personal tax returns as follows:
- £100* penalty immediately after the due date for filing (even if there is no tax to
pay or the tax due has already been paid)
*The full penalty of £100 will always be due if your return is filed late even if there
is no tax outstanding.
Additional penalties can be charged as follows:
- over 3 months late – a £10 daily penalty up to a maximum of £900
- over 6 months late – an additional £300 or 5% of the tax due if higher
- over 12 months late – a further £300 or a further 5% of the tax due if
higher. In particularly serious cases there is a penalty of up to 100% of the tax
due.
Calculating the tax liability and ‘coding out’ an underpayment
The taxpayer does have the option to ask HMRC to compute their tax liability in advance
of the tax being due in which case the return must be completed and filed by 31 October
following the fiscal year. This is also the statutory deadline for making a return
where you require HMRC to collect any underpayment of tax through your tax code, known
as ‘coding out’. However if you file your return online HMRC will extend
this to 30 December. Whether you or HMRC calculate the tax liability there will be only
one assessment covering all your tax liabilities for the tax year.
Changes to the tax return
Corrections/Amendments
HMRC may correct a self assessment in order to correct any obvious errors or mistakes in
the return.
An individual may, by notice to HMRC, amend their self assessment at any time within 12
months of the date of submission.
Enquiries
HMRC may enquire into any return by giving written notice. In most cases the time limit
for HMRC is within 12 months following the filing date.
If HMRC does not enquire into a return, it will be final and conclusive unless the
taxpayer makes an overpayment relief claim or HMRC makes a discovery.
It should be emphasised that HMRC cannot query any entry on a tax return without starting
an enquiry. The main purpose of an enquiry is to identify any errors on, or omissions
from, a tax return which result in an understatement of tax due. Please note however
that the opening of an enquiry does not mean that a return is incorrect.
If there is an enquiry, we will also receive a letter from HMRC which will detail the
information regarded as necessary by them to check the return. If such an eventuality
arises we will contact you to discuss the contents of the letter.
Keeping records
HMRC wants to ensure that underlying records to the return exist if they decide to
enquire into the return.
Records are required of income, expenditure and reliefs claimed. For most types of income
this means keeping the documentation given to the taxpayer by the person making the
payment. If expenses are claimed records are required to support the claim.
Checklist of books and records required for HMRC enquiry
Employees and Directors
- Details of payments made for business expenses (eg receipts, credit card statements)
- Share options awarded or exercised
- Deductions and reliefs
Documents you have signed or which have been provided to you by someone else:
- Interest and dividends
- Tax deduction certificates
- Dividend vouchers
- Gift aid payments
- Personal pension plan certificates.
Personal financial records which support any claims based on amounts paid eg certificates
of interest paid.
Business
- Invoices, bank statements and paying-in slips
- Invoices for purchases and other expenses
- Details of personal drawings from cash and bank receipts
How we can help
If you live in the Dartford area we can prepare your tax return for personal tax self
assessment on your behalf and advise on the appropriate payments on account to make.
If there is an enquiry into your tax return, we will assist you in answering any
queries HMRC may have. Please do contact us at Kelley & Lowe Limited for help.