Partnership penalties

[oh.for.a.lottery.win]

I completed the tax returns for my partner and myself online last year IN January using tax software recommended by HMRC, a while later I was notified that the partnership return hadn't been received and we were charged penalties,

 

I then wrote to them and stated the date and time they were sent but still sent more penalties I then spoke to someone from HMRC who said re-send elctronically which I tried to but the software doesn't work after Jan 31,

 

I was then told to send a paper copy which I did, by this time it was June and the penalties had escalated,

 

I then sent in another letter of appeal which was rejected so yet again I phoned and explained the situation bearing in mind our company has never made a profit and my partner (daughter) and I only have part time jobs (the penalties are now exceding £1200 each)

 

I have now been sent another rejection letter along with an appeal form - please help as I'm at my wits end!

Edited January 8, 2013 by citizenB

[slick132]

Hi OFALW,

 

Are you certain that you filed the P/ship Return in addition to your individual Tax Returns.

 

When you submit any return using the on-line system, you get a receipt for it and this should be used to prove that any submission was made on time.

 

Stop calling HMRC as phone calls tend to be frustrating and pointless. You'll be told one thing by a human being but then "The System" will continue to do whatever it was you called to complain about.

 

Keep your complaints in writing only and, if you fail to get the proper result from initial letters, use the complaints procedures to appeal and escalate your complaint.

 

I also suggest you send a paper copy of the return confirming the time and date it was submitted including the HMRC Submission Receipt Number if you have it.

 

[oh.for.a.lottery.win]

Hi slick132,

thank you for the advice, I agree the phone calls are probably getting me nowhere. I have checked the transmit and summary of the software I used but unfortunately it doesn't have the date and time the forms were submitted. I was only able at the time to print off one of the SA100's due to problems with my printer which is how I know the date and time they were sent. The Inland Revenue agree that the two SA100'S were received but they say not the SA800.

[slick132]

Have you checked through your old emails.

 

You may have rec'd one from HMRC confirming receipt of the P/ship Return when you sent it.

 

Alternatively, if it appears that, for some reason, the P/ship return was NOT rec'd by HMRC even thought you believe you sent it at the same time as the Personal Returns, do you have a copy of it.

 

Have you checked on your HMRC Portal to see if the P/ship return is visible from your end of their system.

 

Either print of a copy of the P/ship Return if you can, or print off a blank copy of one and fill it in manually. Then fwd it to HMRC saying something like :-

 

Dear sir or madam,

 

I refer to previous correspondence about the submission of the Partnership Tax Return for the year ended 5th April 2011.

 

I used appropriate software to submit my Personal Tax Return and the Partnership Tax Return before the 30th January 2012 deadline.

 

However, it appears that, for some unknown reason, the HMRC system has not received the return or it has been mislaid.

 

Could you please check your system to see if the Partnership Return has been mislaid or in some way mis-filed.

 

If your search proves fruitless, please let me know and I will supply a copy of the document.

 

In the meantime, will you please withdraw the initial and subsequent penalties that have been issued concerning this matter. If you failed to receive the Partnership Return, it is due to a technical error and not any failure or neglect on my part.

 

When Returns are submitted in the future, I will certainly double check they are shown as received by HMRC and keep copies of the relevant submission receipts.

 

I hope you will look favourably on this request as I believe I complied with my obligations which I take seriously.

 

Yours faithfully,

[oh.for.a.lottery.win]

I will try the portal. Thank you very much for the suggested letter I have added to this and hope the HMRC will reconsider the decision as this really wasn't my fault.