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Mary Walker v HMRC

Monthly penalties and reasonable excuse

In Mary Walker v HMRC [2015] UKFTT 480 (17 September 2015) the FTT found that a taxpayer did have a reasonable excuse for part of the period to which a penalty related.
 
Ms Walker appealed against a penalty for failure to make an annual return of amounts deducted from payments made to employees (Form P35). 
 
Ms Walker should have filed her Form P35 online for 2010/11 by 20 May 2011. She had not done so and so was liable to a £100 penalty per month for which the failure continued (TMA 1970 s 98A(2)(a)).
 
The FTT noted that a reasonable taxpayer would have anticipated having to make an online return. She had only contacted HMRC on 27 May 2011 mentioning that she did not have the correct...

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