For 2014/15 and onwards late filing penalties apply on a monthly basis for each PAYE scheme where an employer fails in a given month to make an appropriate RTI return on or before the filing date.
The first tax month of failure will be ignored with the exception of an employer operating an annual scheme. The Regulations set the level of penalties by reference to the number of employees and/or the number of previous penalties for late filing incurred in the same tax year. This means that where returns are required monthly due to employees being paid at least monthly, late returns could result in eleven penalties!
The penalty levels are:
• £100 for schemes with 1 – 9 employees
• £200 for schemes with 10 – 49 employees
• £300 for schemes with 50 – 249 employees and
• £400 for schemes with 250 or more employees.
A 5% tax geared penalty may also apply if a return is more than 3 months late.
These automatic penalties are now set to apply from 6 October 2014 and will be issued quarterly so the first penalty notices for the quarter 6 October to 5 January will be issued in the New Year!