How to Handle HMRC Tax Penalties: A Guide for UK Small Businesses
Find out how to manage the challenges of tax filing and payment deadlines and how small businesses can prevent HMRC tax penalties.
0
min read
Find out how to manage the challenges of tax filing and payment deadlines and how small businesses can prevent HMRC tax penalties.
0
min read
Preparing tax returns, estimating payments and managing cash flow to accommodate HMRC's obligations can be a tricky balancing act for small businesses. The threat of penalties for late filing, missed payments or incorrect records looms large.
This HMRC tax penalties guide for UK businesses outlines different charges companies can incur, key deadlines and thresholds to consider and strategies to avoid penalisation.
As a business, you’re liable for penalty charges if you submit your tax returns and payments late or are deemed as avoiding your obligations. In January 2025, the UK government released the press release: HMRC warns 5.4 million taxpayers to file their tax returns to avoid penalties. It was a prompt for those still to submit their returns about the penalties they could incur if they missed the Self Assessment deadline.
Whether it’s Self Assessment returns, Corporation Tax filing or other tax obligations, it’s important to be proactive ahead of your tax deadlines to avoid penalty charges and other repercussions.
HMRC can take more severe measures if officers believe a business is guilty of fraud or tax evasion, which can result in a criminal prosecution.
There are various tax deadlines companies need to be aware of for filing returns and making payments, each with thresholds for late or inaccurate tax returns and payments, and non-compliance.
Here’s an overview of the key HMRC tax return deadlines and penalties businesses should know:
Deadlines for Corporation Tax: Typically, Corporation Tax returns are due 12 months after the end of your accounting period, and if you have taxable profits of up to £1.5 million, your Corporation Tax payment is due 9 months and 1 day after the end of your accounting period. Larger companies with taxable profits of between £1.5 million and £20 million must pay Corporation Tax quarterly. “Very large companies” with profits aroundabout this amount are subject to stricter payment schedules.
Corporation Tax late filing penalties:
Note: If the tax return is late three times in a row, the initial £100 penalties increase to £500 each. See full details for late filing of Corporation Tax on the HMRC website.
Corporation Tax late payment penalties: While there are no fixed late payment penalties, interest accrues daily on unpaid amounts from the day after the tax payment was due. This is currently around 7.5%, which is the Bank of England (BoE) base rate plus 2.5%, but subject to change as the BoE fluctuates.
Penalties for Corporation Tax inaccuracies:
The penalties are based on HMRC’s assessment of the level of care and suspected deliberate errors or concealment:
Note: There are reduced percentage rates for businesses that voluntarily disclose any filling/submission errors. See full details of inaccuracy penalty rates.
Deadlines for Self Assessment: If you’re a sole trader or in a partnership, you don’t pay Corporation Tax. Instead, you must submit a Self Assessment return, which is due on 31st October, for paper returns, and 31st January, for digital submissions. Payments are made in two annual instalments. By 31st January, you must pay the tax balance due plus your first payment on account for the next year. A second payment on the account is due by 31st July.
Self Assessment late filing penalties:
Self Assessment late payment penalties:
5% of the unpaid tax is charged at 30 days, 6 months and 12 months. Plus, interest is charged on any outstanding tax paid late. Late payment interest is set at the BoE base rate plus 2.5%, repayment interest at the base rate minus 1%, with a lower limit of 0.5% (known as the ‘minimum floor’).
Penalties for Self Assessment inaccuracies:
See details for Corporation Tax above – the same filing inaccuracies penalty framework applies.
Deadlines for VAT: VAT returns must be submitted to HMRC every three months* within your accounting period. The usual deadline for each quarterly return is a calendar month and 7 days after each quarter. VAT bill payments are due by your VAT return due dates, with the support of the Government’s Making Tax Digital for VAT regime.
VAT late filing penalties:
If you miss the deadline for submitting your return, HMRC will send you an assessment telling you how much VAT they think you owe. You’ll get a penalty point for each VAT Return you send late. Once you reach your penalty point threshold (set by your accounting period), you’ll receive a £200 penalty. A further £200 penalty is issued for each subsequent late submission. Filing penalties apply even if you have no VAT to declare and no tax is due.
VAT late payment penalties:
The UK Government has shifted how late VAT payment penalties are applied, replacing the surcharge system. In this new approach, for VAT accounting periods starting on or after 1 January 2023, the following penalties apply:
Note: HMRC will prompt businesses to enter a VAT repayment plan, which helps prevent ongoing penalties. Learn more on HMRC’s dedicated late VAT payment penalties page.
Penalties for VAT inaccuracies:
See details for Corporation Tax above – the same filing inaccuracies penalty framework applies.
*Businesses using the VAT Annual Accounting Scheme can make advance payments towards their VAT bill or agree with HMRC to pay it once a year.
Deadlines for PAYE: If submitting PAYE to HMRC electronically, you must pay your bill by the 22nd of the next tax month if paying monthly or the 22nd after the end of the quarter if paying quarterly. Any businesses still paying by cheque must do so by the 19th of the next month. PAYE is calculated digitally through Real-Time Information RTI, with employees’ NI and other contributions deducted from pay packets during payroll.
For self-employed sole traders, NI contributions are calculated by HMRC based on Self Assessment returns.
PAYE late filing penalties:
If your Full Payment Submission (FPS) or Employee Payment Summary (EPS) is sent late, you’ll be charged monthly late PAYE filing penalties based on employee numbers:
PAYE late payment penalties:
HMRC charges penalties on PAYE amounts not paid in full and on time. Penalties are a percentage of the amount owed, which escalate according to the number of defaults in a tax year* and daily interest will accrue. Here is the rundown of the default penalties:
Additional penalties are issued if you pay less than what is due. Here are details of these underpayment penalties:
Learn more about HMRC’s late PAYE & NI payment penalties.
*The first default is not subject to penalisation.
Penalties for PAYE inaccuracies:
See details for Corporation Tax above – the same filing inaccuracies penalty framework applies.
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For full details on HMRC tax penalties, with links to specific penalties for different tax types and offences, check out HMRC Penalties: An Overview for Agents and Advisers.
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Considering the negative impact of missed deadlines, businesses must be proactive to mitigate the risks. We outline ways companies can ensure they comply with the rules, minimising HMRC penalties for late payment of Corporation Tax, Self Assessment and other tax bills and preventing late filing charges.
Here are some key ways to prevent and address HMRC late filing penalties:
Fines for late tax filings or payments are treated by HMRC as a disallowable expense and, therefore, not tax deductible, but penalties must still be included on your income statement and CT600 return. However, any interest incurred on HMRC tax penalties is deductible, offering some tax relief.
While businesses can’t automatically offset penalties against tax bills or other tax liabilities, you can contact HMRC to arrange an agreement to offset any penalties received. If in a TTP arrangement, you can include any penalty charges (and interest accrued) in your overall outstanding debt repayments, to pay everything off over a series of monthly instalments, avoiding further charges.
If you’re using a short-term business loan, tax loan or another form of business finance to pay off your tax bill and/or penalties received for late filing or missed payments, interest from the loan/credit counts as an allowable business expense and is tax-deductible.
HMRC penalties for late submission of tax returns or missing payment deadlines are not uncommon. However, HMRC can open tax investigations into companies where officers see red flags or evidence of deliberate tax avoidance and evasion.
If HMRC officers suspect deliberate dishonesty, such as concealing income, falsifying records or intentionally underreporting taxes, they can investigate for tax evasion. This is a serious offence and HMRC tax evasion penalties can range from 30% to 100% of unpaid tax, depending on the level of concealment.
Failure to cooperate will increase potential consequences and businesses can face civil or criminal prosecutions for severe evasion, leading to fines, asset seizures or even imprisonment.
Reasonable excuses for missing HMRC deadlines include serious illness, unexpected events, bereavements or internal system failures at HMRC. HMRC has listed various reasonable and unreasonable excuses for missing tax deadlines on HMRC’s website.
Here is a summary below with additional detail:
You’ll need to provide evidence (including any documentation and confirmation from third parties) to back up your reason for not meeting the deadline if you think it comes under the umbrella of reasonable excuses.
Yes. While late tax return filing can indirectly affect business credit rating, HMRC tax penalties for late payments can negatively impact your credit score. Late tax payments are often the result of missing key filing deadlines, and subsequent penalties or legal action will damage your creditworthiness and business reputation.
The fallout can have knock-on effects, such as difficulties getting future funding support and damaged supplier relationships.
Yes. If you disagree with a tax decision or want to appeal a tax penalty for missing deadlines, you can challenge it via their online form and request a review or tribunal.
Here are the main routes of appeal to challenge an HMRC tax penalty:
Acting promptly (within 30 days of receiving the decision/offer of a review), providing ample evidence to support your appeal and demonstrating steps taken to comply with HMRC tax filing rules, will give you the best chance of success.
HMRC offers businesses ways to spread the cost of their tax bills if they can demonstrate legitimate reasons for not being able to pay the whole amount after filing a return. These Time to Pay (TTP) agreements can cover payments outstanding on Corporation Tax, VAT, Self Assessment and PAYE.
When negotiating TTP agreements, such as a VAT payment plan, businesses can offset payments with other tax liabilities or consolidate payments (and penalty charges) within one tax repayment plan.
Sourcing a business loan to cover your bill and spread costs over monthly repayments is a good alternative to HMRC’s TTP agreements. Like with TTP, you’ll pay interest on the money borrowed throughout the term, but a business loan provides access to capital for various operational uses.
You can use a specific tax loan to pay bills and outstanding liabilities or explore various business loan options, which offer different benefits, terms and flexibility to meet your financial and working capital needs. Interest on loan repayments and other arrangement/service fees are allowable expenses, reducing your overall borrowing costs.
Is a penalty charge during temporary periods of financial difficulty worth the risks, compared with taking out a short-term loan to cover your tax bill? Let’s briefly weigh the pros and cons.
Applying for a loan does mean paying interest on monthly payments and other processing fees but interest and fees are tax-deductible. Also, it removes the pressure of the tax burden, including preventing outstanding tax amounts from incurring additional penalties and escalating charges which damage your credit record.
Most small business loan providers, like iwoca, offer flexible options tailored to your needs, to ensure manageable monthly repayments.
Our Flexi-Loan solutions are designed to help UK SMEs overcome cash flow challenges and barriers to growth. You can borrow between £1,000 and £1,000,000 and repay the loan in monthly instalments, aligned with your cash flow.
Use the loan to pay your tax bill and prevent HMRC tax penalties. Any remaining working capital can be applied where it's most needed in your business. Acting like a line of credit, you only pay interest on the money you draw down.
Applying for a business loan with iwoca takes just minutes and we typically make approval decisions within 24 hours, with funds often transferred on the same day.
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