What aspects of self-assessment can I appeal?

Here are the specific aspects of self-assessment you can appeal against:

Charge-based items (items that create a charge on your SA record):

Penalties:

  • Fixed penalty for late filing of SA return
  • Daily penalty for late filing of SA return
  • Tax geared penalty for late filing of SA return
  • Tax geared penalty for incorrect SA return
  • Tax geared penalty for failure to notify chargeability
  • Tax geared penalty for late payment
  • Tax geared penalty for excessive reduction of payments on account
  • Penalty for failure to produce documents
  • Penalty for failure to keep records
  • Surcharge (for tax years 2009-10 and earlier)

Assessments and amendments:

  • Revenue assessments
  • Revenue amendments to SA return
  • Jeopardy amendments

Non-charge-based items (no charge created on your record):

  • HMRC requirement to produce documents
  • Continuation of a Revenue enquiry
  • Revenue amendment of a partnership statement

What you CANNOT appeal against:

  • Your own self-assessment calculation
  • Revenue determinations
  • Interest charges
  • Balancing payments
  • Payments on Account (though you can claim to reduce them)
  • Correction notices (but you can reject HMRC’s corrections)
  • Revenue calculations

Appeal requirements:

  • Must be made within 30 days of the Notice of Liability (37 days allowed for postal delivery)
  • Should be in writing (though some appeals accepted by phone or online)
  • Can be made by you, someone acting in capacity, or an authorized agent
  • For partnerships: must be made by the nominated partner

Grounds for appeal:

For assessments/amendments:

  • The assessment or amendment is incorrect
  • The actual liability has yet to be determined

For penalties:

  • Fact – e.g., return was filed on time, payment was made on time
  • Reasonable excuse – e.g., prevented by illness, postal delays, HMRC system issues

The key distinction is that you can appeal HMRC’s actions and decisions, but not your own self-assessment calculations or automatic system calculations.


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