Making Tax Digital Penalties
Understanding the penalties associated with Making Tax Digital (MTD) is crucial, as compliance is paramount to avoid potential fines and repercussions from HMRC.
While HMRC is introducing a new penalty system over the next few years, tailored to MTD’s impact on VAT payments and record-keeping, current penalties for late payment will still be enforced, even if the filing deadline isn’t strictly monitored initially.
For instance, a business defaulting on a VAT payment may receive a Surcharge Liability Notice, leading to surcharges of 2%, 5%, 10%, or more of the defaulted amount, depending on the duration of default or frequency of missed payments.
Additionally, HMRC retains the authority to issue further penalties at its discretion for incorrect record-keeping or VAT return filings, particularly if it suspects deliberate deception.
Regarding a future penalty system for MTD, the Chancellor of the Exchequer announced a light-touch approach in the first year of implementation, where penalties won’t be issued for businesses genuinely striving to comply.
However, it’s essential to understand that this leniency doesn’t imply a free pass to disregard MTD requirements or make careless errors. Businesses are expected to embrace the new rules and strive for compliance. Although the soft-landing period, allowing some flexibility in adhering to digital link rules, has been extended due to the pandemic, businesses must still work towards full compliance.
After the soft-landing period, penalties are likely to be updated to align with those for late filing and payment of income and corporation tax, potentially employing a penalty point system. Delaying the transition to MTD-compliant solutions, whether software or accounting services, could leave businesses vulnerable to hefty penalties.
Therefore, it’s advisable to adopt MTD-compliant solutions promptly, ensuring that the digital flow of accounting data meets HMRC’s requirements and mitigating the risk of non-compliance penalties.