Under
Self Assessment, taxpayers are required to file their
tax return by a certain
filing date. If they fail to do so they face the risk of having the
HMRC determine their tax liability by raising a so called Revenue Determination.
The Revenue Determination is meant
to encourage the taxpayer to send in his/her return to the HMRC by
estimating the taxpayer's tax liability.
Once a Revenue Determination charge has been added to the taxpayer's Self-Assessment record a notice known as 'Determination of tax due' will be issued to the taxpayer and his/her
agent.
A Revenue Determination will automatically involve any payments on account for the following tax year. Also, where Revenue Determination and any overdue payment on account remains unpaid, interest and surcharge will be added to the taxpayer's record.
There is no right of appeal against a Revenue Determination but the submission of the completed tax return will take the place of the Determination and the determined amount of tax will be automatically amended to the return amount. Any related interest, surcharge and payments on account will also be automatically amended.
A Revenue Determination must always be raised for an amount equal to or greater than the previous or last year's liability, and include where necessary an appropriate percentage addition to the previous year figure.
Very important to know is that Determinations can only be raised within 5 years from the filing date.
Taxpayers can displace the determination with their own
self assessment at any time up to the fifth anniversary of the filing date for the year of assessment in question (or one year after the determination was issued, if later). After five years things become a little bit more difficult as a certain concept may need to be applied, that of
equitable liability.
In order to avoid having to deal with a Revenue Determinations, self-assessment taxpayers need to make sure that they are familiar with the filing
deadlines and seek help from tax companies like
Taxfile when sending their
tax return , especially now with a new 31st October paper return deadline in place.
Labels: filing deadlines, hmrc, penalties, revenue determination, self-assessment, self-employed, tax, tax accountant