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View Full Version : Extra Statutory Concession on P35 Filing Withdrawn


Tom McClelland
30th June 2010, 10:20
The ESC is the additional week's grace that HMRC grants after 19th May for the online filing of P35/P14 without penalty.

So effectively until now the deadline has been 26th May.

No longer. The concession is to be withdrawn, as the "piled up in the post" excuse no longer applies, and the website seems capable of handling final-week submission volumes with ease.
Extra Statutory Concession (ESC) B46 comes to an end on 31 March 2011

ESC B46 was introduced in 1995. Under this concession, we did not issue penalties for late filing of Company tax returns or employers’ and contractors’ (Construction Industry Scheme) end of year returns, provided they are received by the last working day within seven days of the filing date. The ESC ensured that penalties would not be charged when customers had taken all reasonable steps to file the returns on time, but were prevented from doing so, for example due to postal delays.

From 1 April 2011, Company tax returns for accounting periods ending after 31 March 2010 must be filed online. All Employer Annual Returns (P35 and P14s) must already be filed online, and we will no longer accept paper returns from the majority of customers. Contractors are no longer required to file end of year Construction Industry Scheme returns. ESC B46 has therefore become redundant because the possible causes of late filing it was intended to address can no longer arise.

Therefore, ESC B46 will come to an end on 31 March 2011. Customers submitting Company tax returns and Employer Annual Returns (P35 and P14s) after this date must make sure the returns are submitted to us by the required dates. The required date for Employer Annual Returns (P35 and P14s) is the 19 May following the end of the tax year.

Any customers filing a return late will continue to be able to appeal against the penalty, if they believe they had a reasonable excuse for the delay in filing. We will consider every case on its own merits. Customers can also appeal against the penalty to the Tribunal.

Further information and a copy of the Revenue and Customs Brief 24/10 can be found on our website at www.hmrc.gov.uk/briefs/company-tax/brief2410.htm (http://www.ukbusinessforums.co.uk/forums/www.hmrc.gov.uk/briefs/company-tax/brief2410.htm)