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Hamstrung durch Technik

04 February 2014 / Keith M Gordon
Issue: 4438 / Categories: Comment & Analysis , Admin

Automated penalties cannot be said to be determined by an HMRC officer

KEY POINTS

  • Application of TMA 1970 s 98A to CIS returns.
  • First-tier Tribunal has no right to interfere with the legislation.
  • The penalty system for CIS should be almost error-free.
  • Is a computer-generated penalty the equivalent of one determined by an HMRC officer?

Most readers will be familiar with the rules imposing penalties for the late submission of a P35 the annual return required by an employer showing the income tax and National Insurance due in relation to each of the employer’s employees.

Even if a reader has not had the pleasure of completing such forms the number of well-publicised appeals (in particular Hok) means that many readers will be aware that for each batch or part-batch of 50 employees a penalty of £100 will be...

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