I set out below my continuing blog on limited companies and new penalty regime for non compliance from March 2011. I believe that this now makes it virtually impossible for any limited companies to act without proper professional representation.
Thank you for the email with attachment that you sent. I now wish to update you.
I have today telephoned HM Revenue and Customs and have spoken to a more senior colleague, and now report my findings.
1. Only if you want, we must now go further and you must visit me to sign a legitimate form 64-8 new that I can fax to HM Revenue and Customs and also post out to them first class. Although our signed letters enables me to talk freely and frankly at the telephone it will not enable Miss tax Inspector to enter into direct correspondence with me. But this does mean that I formally take over the affairs of the company at least for now.
2. HM Revenue and Customs received from you form CT600 with accounts for the period 01 November 2008-31 October 2009 with losses. Do you have copies of these documents forwarded to HM Revenue and Customs? I have asked for copies to be sent out to me but accordingly these can only be forwarded to you and not to me on account of form 64-8 not being completed. (I was disinclined to ask your husband to sign form 64-8 as this then means I take over completely the financial affairs of the company and to be honest I was not sure if this was what you wanted?).
3. Obviously this form causes me some concern (you may have told me but I did not record this in my notes) as this overlaps our period of accounts from 06 November 2007-30 November 2008 the overlap being the period 06 November 2008-30 November 2008. These were received by HM Revenue and Customs on 07 March 2010 logged onto their computer and is Miss tax inspector wrote to you and so she was not aware of these documents forwarded. Therefore we must make a decision what to do now but feel it may be better to unlog from HM Revenue and Customs computers (this can be done) what you have sent.
I am really sorry to advise you of these but please read on as there might be a happy conclusion.
CT 600 061107- 051108: must be received at HM Revenue and Customs by 05 November 2009 (12 months from submission) and will cause a penalty of £100 being between 1 and 3 months plus a penalty of £100 for being more than 3 months overdue.
CT 600 061108-301108: must be received at HM Revenue and Customs by 30 November 2009 will cause a penalty of £100 being between 1 and 3 months plus a further penalty of £100 for being more than 3 months overdue.
Total penalties therefore become £200 + £200 = £400.
I personally find this very difficult to write to you as I am the bearer of bad news and because these are stupid. However this is the tax law. Negotiating with Miss tax inspector however has told me at the telephone that she may be able to retract these penalties due to this being innocent error but of course there are no definites at the present time.
Both tax inspector and I do not now understand the relevance of this date of 28 March 2010 as it ties in with nothing but the writer of the letter is not now due at work until Tuesday next and so neither of us can confer with her and all our negotiations are taking place in her absence.
If you have sent your accounts today to Revenue and Customs these will be received on Monday. However I am not sure about HM Revenue and Customs logging them as I would like to talk to you about the following which may be better for you.
Why not redraw the accounts for the period 06 November 2007-31 October 2008 (will be late) and then 01 November 2008-31 October 2009 (does not have to be received until 31 October 2010 and so we are well in time) as in this way we negate at least one set of penalties and hopefully I can extinguish for the first period (no definites though?).
I can meet with you this weekend on this matter if convenient to you say 5pm on Saturday for one hour. Call me and let me know as soon as you can.
PLEASE ALSO NOTE THAT I HAVE JUST RECEIVED CORRESPONDENCE FROM HM REVENUE AND CUSTOMS THAT FROM 01 APRIL 2011 AND FOR ACCOUNTING PERIODS ENDING AFTER 31 MARCH 2010 ALL ACCOUNTS BOTH FOR REVENUE AND CUSTOMS AND COMPANIES HOUSE MUST BE FILED ONLINE (GOODBYE TO ALL POSTROOMS) USING EITHER iXBRL OR PDF FORMAT OTHERWISE THESE COMPANIES MAY (THE QUANTOM HAS NOT BEEN ENSHRINED IN LAW) FACE A PENALTY (BEING NON TAX RELATED).