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Late filing fine

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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zamaha
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Late filing fine

Post by zamaha » Fri Oct 28, 2016 1:41 am

Hello dear members
Today I recieved a letter which said I was fined £1200 because of delay in submitting self assessment tax return. I am a director of a company and as I was really busy with the visa this last months I forgot about that. Also, I have not recieved any letter from them that can be because we changed our address and later I changed the address with HMRC.
Anyway, I have applied initial tier 1 ENT visa swiching from Graduate ent visa about 3 months ago. Do you think this letter can affect the result of my visa? I work for my company since I got my graduate ent visa.
Thanks

nasiaziz
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Re: Late filing fine

Post by nasiaziz » Fri Oct 28, 2016 9:47 am

just file the tax return and then search SA370 form on google fill it with the reason why you couldnt do it and apeal they should dissolve it.

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Casa
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Re: Late filing fine

Post by Casa » Fri Oct 28, 2016 9:56 am

nasiaziz wrote:just file the tax return and then search SA370 form on google fill it with the reason why you couldnt do it and apeal they should dissolve it.
There's unlikely to be any concession for someone who was 'too busy and forgot'. :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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zimba
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Re: Late filing fine

Post by zimba » Fri Oct 28, 2016 10:21 am

You technically get 9 months (if you file online) from the end of tax year in April to submit your SA . There is no excuse to say you were busy. This could certainly affect your immigration applications (particularly for ILR)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

nasiaziz
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Re: Late filing fine

Post by nasiaziz » Fri Oct 28, 2016 10:23 am

trust me i do for my clients they accept it.
all you need to do is fill in the form and send..just put a reasonable reason say you didnt know you had to do a tax return or you were not aware.
regards

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Casa
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Re: Late filing fine

Post by Casa » Fri Oct 28, 2016 10:29 am

nasiaziz wrote:trust me i do for my clients they accept it.
all you need to do is fill in the form and send..just put a reasonable reason say you didnt know you had to do a tax return or you were not aware.
regards
A company director under Tier 1 Entrepreneur and they weren't aware they were required to submit a SA tax return? :shock:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ali272
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Re: Late filing fine

Post by Ali272 » Fri Oct 28, 2016 10:43 am

Hi. I am now worried.

Do we need to submit SA if I haven't taken any salary or dividend from the company? My accountant told me it is not required if your are below the threshold.
I am not even registered for SA.

zamaha
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Re: Late filing fine

Post by zamaha » Fri Oct 28, 2016 11:05 am

zimba88 wrote:You technically get 9 months (if you file online) from the end of tax year in April to submit your SA . There is no excuse to say you were busy. This could certainly affect your immigration applications (particularly for ILR)

Actually the main reason was not because I was busy. It was the first year and I paid to my accountant to do everything for me. But he did not. I know it is not acceptable.
Just tell me, does it affect my current visa application? What should I do? If I file it is everything gonna be ok?

Thanks

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Casa
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Re: Late filing fine

Post by Casa » Fri Oct 28, 2016 11:16 am

Ali272 wrote:Hi. I am now worried.

Do we need to submit SA if I haven't taken any salary or dividend from the company? My accountant told me it is not required if your are below the threshold.
I am not even registered for SA.
Who must send a tax return.
Note in the link: you were a company director - unless it was for a non-profit organisation (such as a charity)

https://www.gov.uk/self-assessment-tax- ... tax-return


I don't want this to detract from the OP's situation, so any further questions please open your own topic.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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zimba
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Re: Late filing fine

Post by zimba » Fri Oct 28, 2016 11:18 am

Ali272 wrote:Hi. I am now worried.

Do we need to submit SA if I haven't taken any salary or dividend from the company? My accountant told me it is not required if your are below the threshold.
I am not even registered for SA.
Being registered for SA does not depend on your tax liability. Self employed and company directors almost always must be registered for SA even if there is no income or profits. You should view this as an assurance because HMRC might issue a notice to file SA for a director and then you could be subsequently fined for failing to file.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

zamaha
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Re: Late filing fine

Post by zamaha » Fri Oct 28, 2016 4:50 pm

Hi
I can not see any private message, so could you please send your message here.

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Casa
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Re: Late filing fine

Post by Casa » Fri Oct 28, 2016 5:47 pm

zamaha wrote:Hi
I can not see any private message, so could you please send your message here.
New members don't have the privilege of the PM facility until they have contributed 30 posts.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

zamaha
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Re: Late filing fine

Post by zamaha » Fri Oct 28, 2016 9:41 pm

Could someone advice me plz
If I file the self assessment and solve the issue with hmcr by paing the fine or winning the apeal, do I need to contact with caseworker or not? Is it gonna make it worse? Is it a civil penalty at all?
Please help

sm12
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Re: Late filing fine

Post by sm12 » Fri Oct 28, 2016 11:41 pm

zimba88 wrote:You technically get 9 months (if you file online) from the end of tax year in April to submit your SA . There is no excuse to say you were busy. This could certainly affect your immigration applications (particularly for ILR)
I have seen two posts on the ILR forum where the members got ILR despite penalties. One had a Co House late filing fine and the other had a PAYE related fine.

This was last year and year before so things may have changed.

cappachino
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Re: Late filing fine

Post by cappachino » Sat Oct 29, 2016 11:51 am

sm12 wrote:
zimba88 wrote:You technically get 9 months (if you file online) from the end of tax year in April to submit your SA . There is no excuse to say you were busy. This could certainly affect your immigration applications (particularly for ILR)
I have seen two posts on the ILR forum where the members got ILR despite penalties. One had a Co House late filing fine and the other had a PAYE related fine.

This was last year and year before so things may have

I have a few PAYE related fines.
Don't think this should be an issue.
It's the self assessment fine that in my opinion is the problem

zamaha
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Re: Late filing fine

Post by zamaha » Sat Oct 29, 2016 12:06 pm

How I can recover from the miatake. I have filled all the companie's accounts online and it was the first year I was required to do so. Honestly I did not know that I must do that.
I had my interview last week and they did not ask anything about that. Should I contact with ho or just filing now and solving the problem and then they can see in their system?

zamaha
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Re: Late filing fine

Post by zamaha » Sat Oct 29, 2016 12:08 pm

I am in shocked now. I appreciate you help. Thanks

noajthan
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Re: Late filing fine

Post by noajthan » Sat Oct 29, 2016 12:13 pm

zamaha wrote:Hi
I can not see any private message, so could you please send your message here.
All, post in public so all may contribute - and benefit.
Doing so also protects members from the scammers, special advisors and snakeoil salesmen who occasionally frequent the forum.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Re: Late filing fine

Post by noajthan » Sat Oct 29, 2016 12:15 pm

zamaha wrote:How I can recover from the miatake. I have filled all the companie's accounts online and it was the first year I was required to do so. Honestly I did not know that I must do that.
I had my interview last week and they did not ask anything about that. Should I contact with ho or just filing now and solving the problem and then they can see in their system?
Choose your representatives carefully.
Don't trust them; monitor and question them exhaustively.

A crash course in T1E, UK taxation and UK business practices in general may also help.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

cappachino
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Re: Late filing fine

Post by cappachino » Sat Oct 29, 2016 12:27 pm

zamaha wrote:I am in shocked now. I appreciate you help. Thanks
Go to a good reputable chartered accountant. Explain your situation and ask for the best way forward.
In my opinion you should file your self assessment and pay any penalties due. you don't have to inform HO unless they raise a query.
Also try n get a confirmation from HMRC in writing once you file your self assessment.

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zimba
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Re: Late filing fine

Post by zimba » Sat Oct 29, 2016 1:25 pm

First go and file the SA as soon as possible and pay the fines as demanded. We are not caseworkers, so we cannot really tell you if HO sees a fine/penalty as a serious matter or not. However I can tell you that repeatedly being fined is a recurring bad behaviour and does not reflect nicely on your character when being assessed for ILR or naturalisation. As a rule of thumb, you need to make sure not to be fined to avoid headaches in your future dealings with HO.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

zamaha
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Re: Late filing fine

Post by zamaha » Sat Oct 29, 2016 1:33 pm

Thanks. Do you think it is better to pay the fine without apeal or apeal first. In case they accept it, the delay looks better without fine!
Is there anybody knows how long it takes to reply an apeal?

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