I have recently taken on a client. He has been a partner in a firm since 2003. Tax returns have been issued since 2004 and not one has been filed up to 2011. The partnership has made payments on his behalf to meet the tax due on his partnership profit share. Since 2004 these payments amount to some £4,000,000, and his statement of account shows this as being overpaid.
£100 penalties have been issued for each return since 2004. Apart from these penalties the Revenue have never chased him or issued any determinations. It looks as if there quite happy to take the money without the need for returns to be filed. My client says he has very little income oustide of the partnership so thinks he has probably paid the right amount of tax and is quite happy to carry on this way so long as he is not going to get into trouble for non compliance and its me he is seeking this reassurance from.
What do you think is the appropriate action to take ?