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Withdrawing a notice to file a Self Assessment return - CIOT comments

The CIOT comments, sent to HMRC on 16 August 2012, on a proposal to introduce a statutory power allowing HMRC to withdraw a previously issued notice to file a personal, trustee or partnership SA return and to cancel any penalty for failure to make such a return, where it is appropriate to do so. HMRC aim to ensure that only those people whose circumstances make the income tax Self Assessment (SA) regime appropriate are included in the requirement to file returns.

Our submission, LITRG's submission (to which we refer to in our paper) and the consultation document are all available in Adobe (pdf) format.

Content

There are 3 key questions/areas for comment, including deadlines and penalties:

Question 1: HMRC welcomes general views on whether a power to remove a notice to file a SA return would be beneficial and how the proposed power should work in practice.

Question 2: HMRC welcomes views on whether there should be a deadline by which people who think they should not be in SA must contact HMRC and what that deadline should be.

Question 3: HMRC welcomes views on applying failure to notify penalties under Schedule 41 Finance Act 2008 where a notice to file has been withdrawn on the basis of incorrect, misleading or partial information.

Technical Team

16 August 2012