
Today (6 July) is ostensibly the filing deadline for Forms P11D / P11D(b) and it is well known that there are penalties for failure to file on time.
However, despite the penalty 'clock' starting on 7 July, no penalty will in fact be charged unless the returns are still outstanding beyond 19 July.
As per HMRC's own CWG5 Booklet Class 1A National Insurance Contributions on Benefits in Kind:
"The filing deadline for the return is 6 July. If we do not receive the return by 19 July it will attract a penalty of £100 per month, or part month of lateness, for every 50 or part-batch of 50 employees provided with benefits"
We have publicised this for the last couple of years because HMRC has failed to do so - in fact, as in HMRC and P11D Penalties: Can't Do Right for Doing Wrong - this year, HMRC had to re-issue the 2012 CWG5 booklet because it had failed to mention the 19 July deadline, and even started demanding 'late' Forms P11D on 20 June!
Whilst this extra few days' grace will be welcome news for many employers (and their agents), it should be borne in mind that the penalty regime works on a monthly basis, and because the penalty clock is effectively triggered from 7 July, the next month's penalties also apply from that day, rather than the 19th - P11Ds received after 6 August would be two months late.
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