Appeal a Self Assessment penalty for late filing or late payment (2024)

When you will be issued with a penalty

HMRC will send you a penalty notice if you miss thedeadlinefor either:

  • sending in your tax return
  • paying your Self Assessment tax on time

If you do not agree that a penalty is due, you can appeal against it to HMRC.

You should considerpaying the penaltyif you appeal. If you do not, and your appeal is rejected, you’ll have to pay interest on the penalty from the date it was due to the date you paid it.

If we do agree your appeal, we’ll repay what you’ve paid back to you with interest from the date you paid it (if you do not have any other outstanding tax to pay).

If you do not need to submit a tax return

You can ask us to cancel a penalty if you do not need to send us a Self Assessment tax return.

You can also check if you need to send a Self Assessment tax return.

Before you start

You’ll need:

  • the date the penalty was issued
  • the date you filed your Self Assessment tax return (if you have submitted it)
  • the date you paid your tax (if you have paid it)
  • details of your reasonable excuse for filing your return late, or not making your payment on time

How to appeal

Use this tool to appeal a Self Assessment penalty for late filing or late payment.

You will be able to either:

  • make your appeal online — so HMRC will get it straight away
  • download form SA370 or SA371 to appeal by post

Start now

After you submit your appeal

Find outwhen you can expect to receive a reply from HMRC to a query or request you’ve made.

You can ask for thedecision to be reviewedif you do not agree with the outcome.

Published 23 January 2024

Contents
Appeal a Self Assessment penalty for late filing or late payment (2024)

FAQs

How to appeal late filing penalty self assessment? ›

Appealing against a late filing penalty

Initially you make your appeal to HMRC. The appeal should normally be made within 30 days of the penalty notice being issued, but HMRC may consider late appeals. If HMRC does not allow your late appeal, you can apply to the Tax Tribunal to have your appeal allowed.

How do I appeal a penalty to the IRS? ›

If you disagree you must first notify the IRS supervisor, within 30 days, by completing Form 12009, Request for an Informal Conference and Appeals Review. If you are unable to resolve the issue with the supervisor, you may request that your case be forwarded to the Appeals Office.

Is there a penalty for late payment of self-assessment? ›

Returns for 2020-21 may be filed late: up to 28 February 2022 without incurring a penalty. Self Assessment taxpayers would not be charged the usual 5% late payment penalty provided that they paid their tax or set up a payment plan by 1 April 2022. See 30-day penalty waiver for 2020-21 tax return filing & payment.

How to get IRS to forgive penalties? ›

How to Request Penalty Relief. Follow the instructions in the IRS notice you received. Some penalty relief requests may be accepted over the phone. Call us at the toll-free number at the top right corner of your notice or letter.

Can late filing penalty be waived? ›

Taxpayers may request a waiver of the penalty amount as long as the request is in writing and the principal tax and interest amounts due are paid. Written requests for a waiver of the penalty will be considered on a case-by-case basis.

Is it possible to negotiate IRS penalties? ›

Tax penalties may be negotiated, reduced, or even totally eliminated in some cases. There are a number of IRS programs that can be used when you have significant tax penalties and want some kind of relief.

Can IRS penalties be forgiven? ›

The most widely available administrative waiver is first-time penalty abatement (FTA). FTA can be used to abate the failure to file, failure to pay, and failure to deposit penalties for one tax period when you have a clean compliance history for the past three years.

How do I write a letter to the IRS to waive a penalty? ›

IRS Penalty Abatement Request Letter
  1. State the type of penalty you want removed.
  2. Include an explanation of the events and specific facts and circ*mstances of your situation, and explain how these events were outside of your control.
  3. Attach documents that will prove your case.

What happens if you make a late payment on self? ›

Self loan fees and penalties

Payments that are 30 days or more past the due date will be reported to the credit bureaus, likely damaging your score. If the account continues to be late, it will eventually be closed and the loan will be reported as "defaulted" on your credit reports.

How to pay late filing penalty? ›

Debit or corporate credit card

You can make a penalty payment using a personal debit card, corporate debit card or corporate credit card, and HMRC will accept these payments on the day they are made. To make a payment, go to the HMRC website and use your penalty reference number as the payment reference.

Is there a penalty for filing taxes late but not due? ›

What happens if you file taxes late but don't owe anything? There is usually no failure-to-file penalty if your late tax return results in a refund. But if you have a filing obligation, you should still plan to file as soon as possible to recoup your funds.

What is a reasonable cause to waive the IRS penalty? ›

You may qualify for penalty relief if you demonstrate that you exercised ordinary care and prudence and were nevertheless unable to file your return or pay your taxes on time. Examples of valid reasons for failing to file or pay on time may include: Fires, natural disasters or civil disturbances.

What is the new IRS penalty relief? ›

The IRS will automatically waive failure-to-pay penalties on unpaid taxes less than $100,000 for tax years 2020 or 2021. You're eligible for this relief if you meet all the following criteria: Filed a Form 1040 or 1041 tax return for years 2020 and/or 2021. Were assessed taxes of less than $100,000.

How to avoid IRS late payment penalty? ›

You can avoid a penalty by filing and paying your tax by the due date. If you can't do so, you can apply for an extension of time to file or a payment plan.

How do you get out of failure to file penalty? ›

You can avoid a penalty by filing and paying your tax by the due date. If you can't do so, you can apply for an extension of time to file or a payment plan.

Can I appeal late filing penalty companies house? ›

Start your appeal

It can take up to 30 minutes to apply. You'll be signed out after 60 minutes if you pause your application and your answers will not be saved. You can only appeal once against a penalty notice.

Can you deduct late filing penalty? ›

Key Takeaways. Taxpayers cannot deduct IRS penalties on their tax return. Penalties are commonly assessed for a failure to file or pay and for dishonored checks. Penalties vary according to the type of violation and may accrue until the account is fully paid or until the taxpayer enters into an approved payment plan.

What happens if you file your taxes late but don't owe anything? ›

Californians who don't owe money to the government usually won't face penalties if they file their taxes late. However, the later you file your taxes, the more time it will take before you see your return. If you wait too long, the government may simply absorb your unclaimed refund, leaving you with nothing.

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