Fine limited to tax?

Fine limited to tax?

Didn't find your answer?

We have a fine for late filing of P35's,  however the fine exceeds the tax owed, am I correct in thinking that the penalty should be limited to the amount of tax owed?

Thanks in advance

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By Steve Holloway
11th Oct 2011 08:21

No, sadly you aren't.

I think that only applied to self-assessment anyway. The P35 penalty is geared to time of delay and number of employees. The only way out is if you had no employees and then you can get in cancelled. Also, there should be scope to appeal the time related mature of it given the court case that HMRC lost re the £400 penalties ... in the essence the judge pointed out the obvious i.e. HMRC could have sent the reminder at the end of May and the penalty would have been £100.

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