CH63540 - Penalties for Failure to File on Time: Calculating the penalty: Calculation process: Calculating fixed and daily penalties
A person is liable to fixed penalties, and daily penalties for certain taxes, when they fail to file their return by the filing date.
Fixed penalties
A person becomes liable to an initial fixed penalty of £100 when their return is not filed by the filing date for both
- occasional returns and returns for periods of 6 months or more, see CH62100
- CIS returns, see CH62340, and
- returns for periods between 2 and 6 months, see CH62720.
In addition to incurring the initial fixed penalty,
- a second fixed penalty of £200 is incurred for CIS returns, 2 months after the penalty date, see CH62360, and
- subsequent fixed penalties of £200, £300 or £400 in respect of returns of between 2 and 6 months for further failures within a penalty period, see CH62720.
Fixed penalties are a fixed amount and are not based on the tax liability of the return.
Daily penalties
For occasional returns and returns for periods of 6 months or more, see CH62120, daily penalties of £10 per day can be charged after 3 months from the penalty date. Although £10 is charged each day, the total of the daily charges make up one penalty. The final daily penalties charge is for the lesser of
- the number of days from when the daily penalties first start being charged up to and including the date on which the return is filed, and
- 90 days.