Late filing of P35 Penalty Notice

Late filing of P35 Penalty Notice

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Hi

We have received a notice of penalty determination for one of our clients for not filing their 10/11 P35.

However the return is £nil and so is there any way of now submitting the form late and appealing against the penalty (there was a bit of confusion over this unfortunately and we would have filed a £nil return on time but thought the scheme had been closed).

Thanks for any advice

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Euan's picture
By Euan MacLennan
04th Oct 2011 15:40

If you had tried searching...

... you would have found this thread from just last Friday

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By chicka
04th Oct 2011 16:06

Thanks - I have now read the thread but that is a different situation - where the P35 has been filed and HMRC are saying they havent received them or where the employer no longer exists.

I have a situation where we should have filed a nil return but didnt....

any advice?

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Euan's picture
By Euan MacLennan
04th Oct 2011 17:59

If you had tried searching, Version 2, ...

... you would have found this thread, also from last Friday, but what part of my following comment on the original link did you not understand or think was not applicable to your situation?

"You write to the PAYE Employers Office at Longbenton to tell the Revenue in no uncertain terms that they have no legal right to impose a late filing penalty when no form P35 was due and demand that they rectify their mistake by withdrawing their penalty, i.e: by cancelling it, not just reducing it to nil."

 

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By chicka
05th Oct 2011 14:35

Many thanks and sorry for that - I was trying to do too many things at once and missed that bit!

Thanks again.

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