A reasonable appeal typically involves either factual grounds or reasonable excuse. Here’s what counts:
Valid Grounds for Appeal
Factual Appeals
- The assessment, penalty, or charge is factually incorrect
- The return was actually filed on time
- Payment was made on time
- An agreed Time to Pay arrangement was already in place
Reasonable Excuse Appeals
A reasonable excuse is something that prevented the taxpayer from meeting their obligation despite taking reasonable care. It must be based on circumstances outside their control.
What HMRC Typically Accepts as Reasonable Excuse
Health-Related
- Serious illness preventing the taxpayer from filing/paying
- Mental health conditions (like PTSD) that impacted decision-making ability
- Hospitalization that prevented dealing with tax affairs
- Death of spouse/close relative that significantly impacted ability to meet obligations
External Circumstances
- COVID-19 pandemic impacts (widely accepted during the relevant period)
- Fire, flood, or theft that destroyed records or prevented filing
- Postal service disruption (with certificate of posting showing timely dispatch)
- HMRC online service failures with error messages as evidence
Technical Issues
- Computer/software failure just before filing deadline
- Delayed HMRC activation codes (if requested before deadline)
- Loss of tax records through circumstances beyond control
What HMRC Does NOT Accept
Explicitly Excluded by Law
- Shortage of funds (unless due to events completely outside taxpayer’s control)
- Reliance on another person (unless specific conditions met)
Commonly Rejected Reasons
- Pressure of work
- Tax return being “too difficult”
- Failure by tax agent
- Lack of information from third parties
- Not knowing how much tax to pay
- Absence of HMRC reminders
- Cheque made out incorrectly
- Lack of free HMRC software
Key Requirements
- Timing: Appeals must be made within 30 days of the notice (37 days allowed for processing)
- Writing: Should be in writing, though some telephone appeals accepted
- Authority: Must be made by the taxpayer, authorized agent, or (for partnerships) the nominated partner
- Prompt Action: Once the reasonable excuse ends, taxpayer must act without unreasonable delay (typically within 14 days)
Special Considerations
- Each case is assessed on its individual facts and circumstances
- What’s reasonable for one person may not be for another based on their abilities
- HMRC considers the taxpayer’s overall ability to manage their affairs during the period
- Disability may be relevant if it specifically prevented compliance, but existing disabilities require contingency planning
The key test is whether the circumstances genuinely prevented the taxpayer from meeting their obligations despite taking reasonable care, and whether they acted promptly once the excuse ended.
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