Apologies if his has been asked before.
2013/14 Paper Tax Return was received by HMRC on 31st July 2015 (confirmed on their website).
We have received penalty determination from HMRC showing daily penalties and 6 month late filing penalty. No arguments about the daily penalties.
However, is the 6 month late filing penalty correct? Have been reviewing FA 2009 Sch 55. Section 5 imposes this penalty where the failure continues after end of 6 months beginning with "penalty date".
According to Section 1(4), the "penalty date" is the date on which a penalty is first payable.
Strictly, penalties for paper Returns kick in where they're submitted after 31st October (2014 in this case). However, even if such penalties are charged, are they actually payable before 31st January (2015 in this case)? Should a 6 month late filing penalty apply in this case, where it has been submitted (just) within 6 months of 31st January 2015?