Please could someone clarify the position with HMRC late filing penalties in respect of a partnership tax return?
My understanding is that if a partnership files the return late there are separate £100 penalties for the partnership AND the partners. So if three partners the total penalties are potentially £400.
What is the situation if the individuals had already filed their individual SA tax returns, so effectively they have been filed without the Partnership section?
We have this situation, and one partner seems to have received a personal £100 penalty, but the other two partners haven't. All three were previously on self-assessment and filed their individual returns on time.
I doesn't make any difference but there wasn't a profit anyway, and two of the partners have zero profits or losses, and one partner has a loss. It is one of the zero partners that received the penalty.
Finally the whole problem arose in the first place because nobody had any record of receiving the partnership UTR, although HMRC maintain that one was issued and notification sent out.
Thanks
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It is
£100 for each individual return and £100/partner for the partnership return, so £600 in total.
The penalties are/should be raised on the partners so each would get £100 for the personal return if that was late + £100 for the late partnership return
I did manage to fight this a few years back because like you we had no record of receiving the partnership UTR although had submitted the partners returns on time (and had requested the UTR on several occasions)
On that occasion the penalties were waived.