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Old Penalties

So 2007/08 is now out of date and the Return that I told a client to hand in by 5 April stayed unopened in it's envelope because he's scared of opening post.  This leaves the Return un-submittable, or does it?  For some reason the Revenue have let the year stay as zero liability and not issued a determination.  So all that is owed is 2 x £100 fines + interest.  Which is right in a way because the Return shows a NIL liability.

If I submit the Return and show that nothing was owed, do the penalties get reduced to zero, despite the fact that the Return is out of date?  Or should the penalties automatically vanish because the 'final' liability figure is zero tax?  Or do they remain because the Return gets ignored and I've failed to show that the liability was NIL.

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The penalties will only be removed on receipt of the Nil tax form

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