Policy News Journal - 2012-13

Further information:

HMRC PAYE for Employers: withdrawal of form P38(S) Student employees

HMRC: Getting started with PAYE in real time

News on Line 15 March 2012 - P38(S) will no longer be available for use from April 2013

HMRC ISSUE STATEMENT OVER ACCRUED LATE FILING FINES FOR P35

21 March 2012

HMRC have pledged to end the controversy surrounding P35 penalties by providing information to employers that is timely and more efficient, in an effort to ensure a greater number of PAYE end-of-year returns are submitted to deadline.

Taxation reports:

In a joint statement – reproduced below – issued by the Revenue, professional bodies and tax charities, the department has addressed the many recent complaints by commentators, advisers and taxpayers about how late-filing fines are issued to firms.

It has been claimed that the taxman was waiting at least three months before alerting employers to a punitive financial measure that had been accruing at £100 per month.

The Revenue has now acknowledged the problem, to which tax officials have vowed to put an end, making a number of assurances intended to ‘significantly reduce the number of cases [in which] penalties in excess of £100 are charged’.

The statement reads:

‘The joint initiative between HM Revenue & Customs (HMRC), the professional bodies and tax charities, launched in late 2011, set a number of service objectives for delivery during 2012. ‘One of these was to work together to address concerns about the delay in informing employers that their PAYE end-of-year returns are late, and therefore subject to penalties. ‘The background to this issue is that where employers do not file their annual P35 return by 19 May, they incur penalties of £100 per 50 (or fewer) employees for every month (or part month) that their return is late.

‘In some cases, employers were unaware their returns were late until they received a first penalty letter in September covering four months’ worth of accrued penalties.

‘We can now announce a number of agreed measures to deal with this problem.

‘To help employers comply with their obligations, HMRC will:

 Change the date when we issue the “Notification to complete form P35 Employer Annual Return 2011/12” from mid-February to mid-March 2012, so that employers will receive it much nearer to the end of the tax year.

 From 28 April 2012, where we believe a 2011/12 P35 remains outstanding, we will issue an “Employer Annual Return Reminder”.

CIPP Policy News Journal

12/04/2013, Page 165 of 362

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