17/07/2026
Self Assessment penalty warning: not all voluntary returns need filing.
A recent First Tier Tribunal ruling is worth knowing about. The case of Gerrit Wals v HMRC established that HMRC cannot charge late-filing penalties for voluntary Self Assessment returns - returns where no notice to file was ever issued.
This is a point that's easily missed - and it matters if you've received a penalty for filing late when you filed voluntarily without being formally required to.
The broader point this raises: do you actually need to be in Self Assessment?
You need to register if you:
- Are self-employed with income over £1,000
- Are a company director
- Have untaxed income over £2,500
- Have income over £100,000
- Received a formal notice to file from HMRC
If you're filing voluntarily and shouldn't be, or if you've received a penalty on a return filed without a formal notice - this ruling may be relevant to you.
Penalties aren't always correct. Get in touch if you've had one and aren't sure it's valid.