Do you need to file a Self Assessment tax return if you have no tax to pay?
Many people assume that a Self Assessment tax return is only required if tax is due. However, this is a common misunderstanding that can lead to unexpected penalties from HMRC. In this article, we look at when a tax return may be required and what to do if you have failed to report income in earlier years.
Content on this page:
I don’t owe any tax – do I need to file a tax return?
Whether you need to complete a Self Assessment tax return is not determined by whether tax is payable. Instead, it depends on your circumstances and whether you meet HMRC’s Self Assessment criteria.
For example, HMRC may expect you to complete a tax return if you:
- Are self-employed and your income exceeds your trading allowance
- Are a partner in a partnership
- Receive certain types of untaxed income
- Have capital gains to report
- Receive foreign income
- Are liable to the High Income Child Benefit Charge
The list above is not comprehensive and the rules can be complicated. So if you are unsure, you should check HMRC’s online tool and read our guidance on who needs to complete a tax return.
I made a loss from self-employment – do I still need to file a Self Assessment tax return?
You may assume that because your business has not made a profit, there is nothing to report. However, a loss does not automatically remove the requirement to file a tax return.
In fact, submitting a return may be beneficial because it creates a record of your trading loss and may allow you to claim loss relief. Depending on your circumstances, trading losses can sometimes be offset against other income or carried forward to reduce tax in future years. There is more information in our guidance about trading losses.
Can I ignore a notice to file a tax return if no tax is due?
No. If you meet HMRC’s Self Assessment criteria, or HMRC have issued a notice to file, you must not ignore the requirement to submit a tax return.
There are separate penalties for filing a tax return late, paying income tax late and errors in tax returns. Penalties do not only arise where tax has not been paid.
HMRC issue late filing penalties simply because a tax return has not been submitted by the deadline after HMRC has issued a notice to file. This means penalties can arise even where the final tax liability is nil.
The initial penalty for missing the filing deadline is £100. HMRC can charge additional penalties for tax returns that are more than three months late. There is more information about penalties on our Tax penalties and interest page.
What if I no longer meet the Self Assessment criteria?
If you have received a notice to file a tax return, but believe you should not be within Self Assessment because you do not meet HMRC’s Self Assessment criteria, you should contact HMRC and ask them to withdraw the notice and cancel the filing requirement.
If HMRC agree to do this, you will no longer need to submit the tax return. However, unless and until HMRC agree to do so, you should assume that a return is required.
What if I have not declared income in earlier tax years?
If you discover that you have failed to declare income from a previous tax year, it is usually best to address the issue as soon as possible.
For example, this might apply if you:
- Started self-employment and never registered with HMRC
- Received rental income that you did not report
- Received foreign income that you should have declared
- Omitted income from a previous tax return
The first step is to establish which tax years are affected and gather information about the income received and any allowable expenses.
You should then contact HMRC to disclose the position. Depending on circumstances, this may involve registering for Self Assessment and submitting outstanding returns or using one of HMRC’s disclosure facilities.
Making a disclosure to HMRC can be complex in some circumstances, and you may wish to seek help from a professional advisor.
HMRC generally view a voluntary disclosure more favorably than if you wait for HMRC to discover the omission. This can have an impact on any penalties HMRC may charge. If you have tax to pay as a result of making the disclosure, you will also have to pay interest.
What if I cannot afford to pay the tax?
If tax becomes due as a result of correcting earlier returns, you should not ignore the debt.
HMRC may be willing to agree a payment arrangement, often know as a Time to Pay arrangement, depending on your circumstances. Interest will usually still apply, but agreeing a payment plan can help avoid further collection action.
Final words
If you are unsure if you need to complete a tax return, it is worth checking your position sooner rather than later. Taking action early can help you avoid penalties and ensure that you do not miss out on any available reliefs, such as loss relief.
Add new comment