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What are the chances of a successful appeal against a late filing penalty?
Our client and his wife have lived and worked in the Middle East for many years and have a number of properties in the UK which are rented out.
The mortgages on the properties are fairly large and any rental profit is usually covered by personal allowances. Each year their tax returns had been late and until and including the year ended 5 April 2010 penalties for late filing were deleted because there was no tax liability.
For the year ended 5 April 2011 the tax returns were again filed late and both clients received substantial penalties. However that was the first year that the penalties could not be deleted even if there was no tax liability.
We appealed against the penalties for both clients. Separate letters were sent to HMRC but in the same envelope. Both appeals were late and the letters were identical....
