Share this content
0
3
5152

Companies House Filing Penalties

Do members consider that penalties incurred for the late filing of accounts are deductible for tax purposes?

Replies

Please login or register to join the discussion.

No

Why should they be allowable?

Thanks (0)

If you have access to it

look at an article in Taxation in March of this year called "Nature of a Fine" by Iain Macleod. It discusses the difference between something intended to be a punitive penalty (as in the Alexander von Glehn case, which decided the original principle that penalties were not allowable) and something which has become in some cases a day to day cost of doing business - such as a parking infringement penalty.

I am not sure which side of the line the penalties in this post might fall but if the poster would like to debate the issue with HMRC this article is a useful starting point.

 

Thanks (0)

Nature of a Fine

That article distinguished between parking fines, dealt with through the legal process, and civil, local autority-managed, charges.

In this case, failure to deliver accounts on time is a breach of primary legislation. That is an unlawful act and so my belief is that the penalties are not deductible.

 

PC

Thanks (0)