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Where Taxpayers and Advisers Meet
HMRC Penalty Warning Letters - Not So Fast!
17/07/2011, by Mark McLaughlin CTA (Fellow) ATT TEP, Tax Articles - General
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Unwanted Mail from HM Revenue & Customs

I recently received a 'PAYE late payment penalty warning' letter from HMRC for my company in respect of the 2011-12 tax year. It warned: "Paying late puts your business at risk of extra costs in the form of penalty charges".

However, I immediately knew that the letter was incorrect, as my company's PAYE liability is paid electronically at the same time as salaries. Unfortunately, the letter had no HMRC address or telephone number to contact, so I had to visit the HMRC website to find a telephone number to contact them.

Telephoning HM Revenue & Customs

I rang the appropriate HMRC 'helpline'. It was one of those recorded messages in which I was given several options to choose. After going through this process a few times, I reached my final destination...and a 'hold the line' message. I waited for 15 minutes before I was put through to someone. I explained that I had received the warning letter, and gave the dates and amounts of PAYE remittances for April, May and June.

I was informed that the warning letter was effectively my fault...for paying the PAYE too early. Apparently, if you pay a PAYE liability too early, HMRC could allocate the payment to the wrong month. This may result in two payments being allocated to one month, and none being allocated to the other month (common sense dictates that PAYE liabilities and payments would be reviewed and reallocated if necessary before a warning letter is issued, but unfortunately it seems that HMRC's computer is not programmed to do common sense).

Whose Mistake?

The payment mis-allocation was corrected. I was also told that it was not necessary to respond to PAYE warning letters. I assume that this is why there are no HMRC contact details in the warning letter (or is it because HMRC knows that many of them will be incorrect?). Unfortunately, what HMRC fails to appreciate is the impact that a warning letter can have on taxpayers (including on me), particularly when it has been incorrectly issued. To cap it all, I lost about 30 minutes of working time in dealing with the problem.

I am sure that other taxpayers have had to deal with far worse problems with HMRC. The point I am making is that taxpayers are accountable to HMRC if they make a mistake. However, this accountability seems to be a one way street at times. If HMRC deems it appropriate to send out PAYE warning letters, they should at least try to ensure that the letters are correct, and provide contact details in case they are wrong.

About The Author

Mark McLaughlin is a Fellow of the Chartered Institute of Taxation, a Fellow of the Association of Taxation Technicians, and a member of the Society of Trust and Estate Practitioners. From January 1998 until December 2018, Mark was a consultant in his own tax practice, Mark McLaughlin Associates, which provided tax consultancy and support services to professional firms throughout the UK.

He is a member of the Chartered Institute of Taxation’s Capital Gains Tax & Investment Income and Succession Taxes Sub-Committees.

Mark is editor and a co-author of HMRC Investigations Handbook (Bloomsbury Professional).

Mark is Chief Contributor to McLaughlin’s Tax Case Review, a monthly journal published by Tax Insider.

Mark is the Editor of the Core Tax Annuals (Bloomsbury Professional), and is a co-author of the ‘Inheritance Tax’ Annuals (Bloomsbury Professional).

Mark is Editor and a co-author of ‘Tax Planning’ (Bloomsbury Professional).

He is a co-author of ‘Ray & McLaughlin’s Practical IHT Planning’ (Bloomsbury Professional)

Mark is a Consultant Editor with Bloomsbury Professional, and co-author of ‘Incorporating and Disincorporating a Business’.

Mark has also written numerous articles for professional publications, including ‘Taxation’, ‘Tax Adviser’, ‘Tolley’s Practical Tax Newsletter’ and ‘Tax Journal’.

Mark is a Director of Tax Insider, and Editor of Tax Insider, Property Tax Insider and Business Tax Insider, which are monthly publications aimed at providing tax tips and tax saving ideas for taxpayers and professional advisers. He is also Editor of Tax Insider Professional, a monthly publication for professional practitioners.

Mark is also a tax lecturer, and has featured in online tax lectures for Tolley Seminars Online.

Mark co-founded TaxationWeb (www.taxationweb.co.uk) in 2002.

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