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  • Companies House – Late Filing Penalty

    Posted by Phill Fenton on 21 July 2012 at 13:42

    I run my business in partnership with my wife Alison and we trade as partners.

    However, we also own a dormant limited company with the same name.

    Even though the company is dormant we have to file an annual return each year along with dormant company accounts. I have been doing this now for many years by filling in companies house forms and posting them back by mail. More recently, companies house introduced an on line web filing service to enable annual returns and accounts to be filed on line. This year for the first time I filed my dormant accounts using the new system on the 30th May.

    On returning from my holiday last week I had a letter reminding me that my accounts were overdue, so I went on-line, logged into my account with companies house, and discovered that my latest set of dormant accounts had not gone through their system so I dutifully filed them again last week.

    Today I received an invoice from companies house for £150 described as a late filing penalty.

    Any one else been stitched up by this new system? and is this yet another back door revenue raising scam dreamed up by our useless political masters?

    I intend to appeal against this penalty on the grounds that the web filing service failed to process my accounts the first time I submitted them on line. But I suspect I will be up against it.

    I’ll keep you posted

    Phill Fenton replied 13 years ago 5 Members · 14 Replies
  • 14 Replies
  • Gordon Connelly

    Member
    29 July 2012 at 00:50

    Why do all that if it’s dormant? You can fill a form in, takes about 10 seconds, and have it removed… If it’s not trading, why keep it?

    G

  • Phill Fenton

    Member
    29 July 2012 at 11:15

    To retain ownership of our business name and prevent any one else setting up as a limited company under the same name as we use.

    We also want to retain the option to go limited at some point in the future under the same name so I have no wish to see it dissolved.

    I have written to companies house and enclosed copies of the original submission (along with the second successfull submission) as proof that this was filed on time. I am still waiting for a reply.

  • Gordon Connelly

    Member
    30 July 2012 at 10:28

    I see.

  • Phill Fenton

    Member
    14 August 2012 at 07:43

    Well as expected, my appeal was rejected on the grounds that I’m a very naughty boy and should have checked myself to ensure my accounts had been submitted.

    I’m now going to appeal to the next level using the excuse that as I don’t speak fluent Welsh, I had struggled to comprehend the instructions to navigate the site correctly as my pocket guide to speaking Welsh did not include some of the legal jargon used…

    ..oh and by the way, I hadn’t realised there was a button you could click on to navigate the site in english 😕

    http://www.tyrcwmniau.gov.uk/

  • Phill Fenton

    Member
    23 August 2012 at 15:45

    I’ve been doing some research on late filing penalties issued to private limited companies over the years. The attached graphs are based on companies house published data. I was hoping to see a blip in 2005 when the web filing service was first introduced to back up my claim that the service is unweildy and easy to get wrong. But I was astonished to discover that there has been a steady increase in the numbers of fines handed out over the years. In the 1990s the numbers of fines handed out was fairly consistant (as you would expect – varying up and down each year). However, since 1996 there has been a year on year growth in the number of fines handed out? Whatever the reason, it’s a good source of increased revenue for the treasury 🙄


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  • Daniel Evans

    Member
    23 August 2012 at 20:06

    just had a fine through myself, £375 as was 2 months late, nice!

    First time filing accounts, thought i could appeal but it clearly says that filing them for the first time does not count as an exception so i’m stuck with it i guess.

  • Phill Fenton

    Member
    29 August 2012 at 14:00

    I realise you’re probably thinking "let it go Fenton, just pay the effing fine" 😕

    But I have been doing some more digging and have discovered the amount of fines handed out has increased between 7 and 10 fold since the early 1990’s. The graphs below show a steady year on year increase up until about 2005 followed by an even more dramatic rise in subsequent years. Surely a strong indicator that something is seriously ammiss?

    Whatever the reason – I’m sure the treasury welcome the extra tax revenue (oops I meant to say fines) raised as a result. £100 million a year will be a welcome income source for the treasury – so plenty of incentive there?

    I reckon the revenue from speeding cameras would show a similar trend.


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  • David Rowland

    Member
    30 August 2012 at 06:28

    this chart could show how "broken" Britain is with failed companies due to increased running pressures.

    edit: is this the right chart? i like to see another few lines showing "fines issued" vs "monies received" vs "struck off" lol

  • Jason Xuereb

    Member
    5 September 2012 at 12:57

    Are you factoring in the number of companies of the years? Is that increasing as well?

    They can probably counter with an increased number of limited companies over the same number of years that related proportionately to the number of fines handed out.

    If not it will support your argument even better 🙂

  • Phill Fenton

    Member
    6 September 2012 at 09:14

    What really annoys me about all of this is the hypocrisy behind it all.

    According to the companies acts "it is a criminal offence" not to file accounts on time. Consequently, these fines are handed out to act as a deterent (which if effective should reduce the number of criminal actions taking place over time). Quite clearly this "deterent" is not working as the revenue goes on increasing. If they really wanted to reduce the number of instances of late filing they would do something about this shocking almost 10 fold increase in revenue from fines.

    But of course the real motivation behind the fine is nothing as noble as acting as a deterent. It is simply a good earner 😕

    As an aside – our cynical politicians recently introduced fixed penalty notices for antisocial behaviour this was introduced only a few months ago. The "noble" reason given for it’s introduction was to reduce police paperwork and to act as a deterent for antisocial behaviour. Yeah right – it’s just yet another stealth tax. You might not be too bothered about it’s introduction until you, or a member of your family, are hit with a grossly unfair and cynical fine imposed upon you by what has effectively become a "police state".

  • Phill Fenton

    Member
    6 September 2012 at 11:45

  • Phill Fenton

    Member
    6 September 2012 at 11:45

  • Phill Fenton

    Member
    18 September 2012 at 08:34

    And in case you think I’m just being paranoid – here’s further proof of the ever creeping cynical government method of raising revenue by imposing "fines"
    http://www.signlink.co.uk/signlink/News.aspx?i=1240

  • Phill Fenton

    Member
    25 September 2012 at 18:58

    Well I received my final appeals letter from the independant adjudicator today. The penalty imposed has been upheld – so no surprise there then 🙄

    Looks like I’ll just have to shell out my hard earned readies and pay the tax…..err, I mean fine 😕

    I reckon we can expect more and more new categories of fines to be doled out to the unsuspecting public over the next few years as the Treasury seek to milk this rich revenue source for all it’s worth. It may not worry you now – but wait until you fall into some unsuspecting "trap" and get hit with a "fine" for some unforeseen misdemeanor. H&S must be a rich source of fines worthy of further exploitation by the treasury , as must VAT. Smoking in public places, etc. etc.

    You have been warned

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