Xavier Eric El Guedj v Revenue and Customs (INCOME TAX/CORPORATION TAX : Penalty)

INCOME TAX � penalties for late submission of return for period 2013-2014 whether reasonable excuse for late submission. In respect of initial penalty- No- in respect of subsequent delay-yes

INCOME TAX � assessment of balancing payment in respect of the year 2014-2015. Inadequate explanation of what the balancing payment was for or how it had been calculated � appeal allowed

The appellant is appealing against assessments penalties, tax, and interest totalling �2,119. HMRC have imposed penalties totalling �1,600 under Schedule 55 of the Finance Act 2009 (�Schedule 55�) for a failure by the appellant to submit his self-assessment return for the period 2013/14 on time. In relation to the period ended 5 April 2015 HMRC have assessed what is described as a balancing charge of �479.80 of tax. The remainder represents interest on the unpaid penalties and balancing charge.

(1) a �100 late filing penalty under paragraph 3 of Schedule 55 imposed on 14 August 2015

(2) a �300 �six month� penalty under paragraph 5 of Schedule 55 imposed on 23 February 2016