Self Assessment Registration Deadline: What to Do Before 5 October 2026

We’re increasingly asked by clients who started trading during 2025/26: “Do I need to register for Self Assessment?” It’s a question that catches people out because the registration deadline arrives months before the January filing deadline most people know about.

If you became self-employed, started renting out property, or received untaxed income for the first time in the 2025/26 tax year (6 April 2025 to 5 April 2026), you may need to tell HMRC by 5 October 2026. The exact requirement depends on your income and circumstances, so it is worth using HMRC’s Self Assessment checker if you are unsure.

Key Takeaways:

  • 5 October 2026 is the deadline to tell HMRC you need to file a Self Assessment return for the 2025/26 tax year
  • You must register if you earned more than £1,000 as a sole trader, were a partner in a business partnership, owed Capital Gains Tax, or meet certain other Self Assessment criteria
  • Late registration can trigger a “failure to notify” penalty based on tax still unpaid after 31 January 2027
  • Online tax return and payment deadline: 31 January 2027
  • Paper tax return deadline: 31 October 2026

What is the Self Assessment registration deadline?

The Self Assessment registration deadline is 5 October 2026 for the 2025/26 tax year. This is the date by which you must tell HMRC that you need to complete a tax return if you have never filed one before, or if you registered previously but did not need to send one for the 2024/25 tax year.

This deadline applies specifically to registration, not filing. Your actual tax return is not normally due until 31 January 2027 for online returns or 31 October 2026 for paper returns.

People who need to file for the first time must register for Self Assessment before they can complete their return. HMRC launched an improved individual online registration service in September 2026. Customers using the new service can receive their Unique Taxpayer Reference (UTR) in their online account within 72 hours, although other registration routes may take longer.

Who needs to register for Self Assessment by 5 October 2026?

You must register if, during the 2025/26 tax year (6 April 2025 to 5 April 2026), you need to complete a Self Assessment return and are not already registered.

SituationRegistration Required?
Self-employed sole trader earning more than £1,000 grossYes
Partner in a business partnershipYes
Sold or disposed of an asset and owe Capital Gains TaxYes
Liable for the High Income Child Benefit Charge and not paying it through PAYEYes
Off-payroll worker repaying a student or postgraduate loanYes
Rental income from property or landDepends on the amount and circumstances
Tips, commission or other untaxed incomeMay be required
Taxable foreign income as a UK residentUsually, although exceptions apply

Property income needs particular care. The first £1,000 of qualifying property income may be covered by the property allowance. If your annual rental income is above £1,000 but no more than £2,500, HMRC says you should contact them. You will generally need to report property income through Self Assessment if it exceeds the relevant HMRC thresholds.

If you are unsure whether you need to send a return, use HMRC’s online Self Assessment checker.

If you earned £1,000 or less from self-employment, you will usually not need to register solely because of that income. However, there are exceptions. For example, you may choose to file voluntarily to prove self-employment for certain benefits or to pay voluntary Class 2 National Insurance contributions.

How do you register for Self Assessment?

You can register for Self Assessment through GOV.UK. The process depends on your circumstances.

Sole traders will generally need details including:

  • Your National Insurance number
  • Your business start date
  • Your business name, or your own name if trading as yourself
  • The nature of your business

Partners may also need details of the partnership, including its UTR where one has already been issued.

If you are not self-employed but need to complete Self Assessment because of another source of income or tax liability, you should use the relevant non-self-employed registration route.

Once registered, HMRC issues you a 10-digit UTR number. Under HMRC’s new individual online registration service, this can appear in your online account within 72 hours, allowing you to start preparing your return.

What happens if you miss the 5 October registration deadline?

If you register after 5 October 2026 and do not pay all the tax you owe by 31 January 2027, you may face a “failure to notify” penalty. The penalty is based on the amount of tax left unpaid as a result of the failure to notify.

It is not a fixed fine. The percentage depends on the circumstances, including whether the failure was deliberate and whether you disclosed the issue voluntarily or after HMRC contacted you.

You could also face standard late filing penalties if you miss the filing deadline that applies to you:

StageLate Filing Penalty
1 day lateInitial £100
3 months late£10 per day, up to £900
6 months late5% of tax due or £300, whichever is greater
12 months lateFurther 5% of tax due or £300, whichever is greater

For the 2025/26 Self Assessment return, late payment penalties are generally 5% of the unpaid tax at 30 days, 6 months and 12 months, plus interest on the outstanding amount. You can check the current Self Assessment penalty rules on GOV.UK.

The practical risk of registering late is that it delays your ability to complete your return while the payment deadline remains fixed. Even if HMRC gives you a later filing deadline after late registration, any tax due must still generally be paid by 31 January 2027.

What are the full Self Assessment deadlines for 2025/26?

The 2025/26 tax year runs from 6 April 2025 to 5 April 2026. Here is the main deadline schedule:

DeadlineWhat’s Due
5 October 2026Register for Self Assessment if required and you have not filed before, or did not need to file for 2024/25
31 October 2026Paper tax return must reach HMRC
30 December 2026Online return deadline if you want eligible tax collected through your PAYE tax code
31 January 2027Online tax return deadline and payment deadline
31 July 2027Second payment on account, if applicable

One important detail is that if you register after 5 October 2026, HMRC will send you a letter or email with a different filing deadline. This will normally be 3 months from the date of that letter or email. However, you must still pay any tax you owe by 31 January 2027.

If you are eligible and want your Self Assessment bill collected through your PAYE tax code rather than paying it separately, you need to submit your online return by 30 December 2026.

How does the £1,000 trading allowance affect registration?

The £1,000 trading allowance means that if your annual gross trading income is £1,000 or less, you will usually not need to tell HMRC about that income. This is the gross figure before deducting expenses.

There are exceptions, including situations where you choose to complete a return to claim certain reliefs, pay voluntary National Insurance contributions or demonstrate self-employment for qualifying purposes.

If your gross trading income exceeds £1,000, you generally need to register for Self Assessment even if your eventual taxable profit is below the Personal Allowance and no Income Tax is ultimately due.

Worked example: Sarah started selling handmade goods on Etsy in August 2025. By 5 April 2026, her gross trading income was £2,400. Even though her profit after materials and fees might be minimal, she generally needs to register for Self Assessment by 5 October 2026 because her gross trading income exceeds £1,000.

Worked example: James did odd jobs for neighbours and earned £750 between June 2025 and March 2026. His trading income is below the £1,000 allowance, so he will usually not need to register solely because of that income. He may still choose to file voluntarily in certain circumstances.

You can read HMRC’s detailed guidance on the trading and property allowances.

What should you do after registering for Self Assessment?

Once you have your UTR number, the next steps are straightforward:

  1. Make sure you can access your HMRC online account and Self Assessment service
  2. Gather your records, including income statements, expense receipts, P60 or P45 documents if you also had employment income, interest records, dividend information and rental income details where relevant
  3. File your return early. You can submit your 2025/26 return any time after 6 April 2026 and do not have to wait until January
  4. Pay your tax bill by 31 January 2027. If you are eligible to have the bill collected through your PAYE tax code, submit your online return by 30 December 2026

Filing early has real advantages. You know your tax bill sooner, which gives you more time to budget for the payment, and you avoid the January rush.

It is also worth checking the top mistakes to avoid on your Self Assessment tax return before submitting.

Frequently Asked Questions

How long does HMRC take to send a UTR number after registration?

HMRC’s improved individual registration service launched in September 2026 allows customers using the new online service to receive their UTR in their online account within 72 hours. Other registration methods, including some agent or postal processes, may take longer.

Can I still file online if I register after 5 October?

Yes. If you register after 5 October 2026, HMRC will normally give you a revised filing deadline of 3 months from the date of its letter or email.

However, the tax payment deadline does not move with it. You must still pay the tax you owe by 31 January 2027 to avoid late payment consequences.

Do I need to register if I only had a small amount of untaxed income?

It depends on the type and amount of income.

If your gross trading income from self-employment is £1,000 or less, you will usually not need to register solely because of that income, although exceptions apply.

Different rules apply to property income, savings, dividends, foreign income and other untaxed income. HMRC’s Self Assessment checker is the safest way to confirm whether you need to file.

How much does an accountant charge for a Self Assessment tax return?

Accountancy fees vary depending on the complexity of the return, the number and type of income sources, and whether additional calculations or tax advice are required.

At Apex Accountants, we provide a fixed-fee quote upfront based on your specific circumstances, so you know the cost before the work begins.

What if I was self-employed for only part of the 2025/26 tax year?

You still generally need to register by 5 October 2026 if your gross self-employment income for the period exceeded £1,000.

Your tax return covers the full tax year from 6 April 2025 to 5 April 2026, but you report the income and expenses relating to the period during which you were trading. Trading for only part of the year does not change the registration deadline.

Do landlords need to register for Self Assessment separately from Making Tax Digital?

Making Tax Digital for Income Tax and Self Assessment registration are related but separate requirements.

The first £1,000 of qualifying property income may be covered by the property allowance. If your rental income exceeds that amount, whether you need to register for Self Assessment depends on your level of income and circumstances. HMRC advises people with property income above £1,000 but up to £2,500 to contact them, while higher amounts may need to be reported through Self Assessment.

Making Tax Digital for Income Tax began applying from 6 April 2026 to qualifying individuals with self-employment and/or property income who meet HMRC’s conditions, including the relevant qualifying-income threshold. MTD changes how qualifying taxpayers keep records and submit information to HMRC, but it does not remove the requirement to submit the relevant annual tax return.

How Apex Accountants Can Help

If you are unsure whether you need to register, or you want help getting your Self Assessment right the first time, that is exactly what we do. Our tax services cover support with tax registration, returns, compliance and payment planning.

We can check whether you need to register, handle the process for you, prepare your return and make sure relevant allowances and reliefs are considered so you do not pay more tax than necessary.

Book a consultation and we will talk through your situation and explain what needs to happen and by when.

R&D Tax Relief 2026: New HMRC Rules and How to Claim Successfully

We’re seeing more companies come to us after having their R&D tax relief claims questioned, returned, or rejected by HMRC. The landscape has changed significantly since the previous SME and RDEC regimes were replaced for accounting periods beginning on or after 1 April 2024. Compliance requirements have also tightened, meaning businesses need to pay closer attention to eligibility, supporting evidence and filing requirements.

The good news is that genuine innovation can still generate meaningful tax relief. However, companies now need to be more precise when documenting their R&D activities and identifying qualifying expenditure.

Key Takeaways:

  • The merged RDEC scheme offers a 20% taxable expenditure credit on qualifying R&D spend. Loss-making R&D-intensive SMEs may instead qualify for Enhanced R&D Intensive Support (ERIS).
  • HMRC received an estimated 46,950 R&D claims for 2023/24, a 26% decline from the previous year.
  • The Additional Information Form (AIF) is mandatory and must be submitted before, or on the same day as, the Company Tax Return containing the R&D claim.
  • A Claim Notification Form is required only for certain companies, including first-time claimants and some businesses without a sufficiently recent R&D claim.
  • HMRC introduced a targeted Advance Assurance pilot in 2026 to provide eligible SMEs with greater certainty on specific complex or high-risk areas of a proposed claim.

What is R&D tax relief in 2026?

R&D tax relief is a government incentive that allows eligible UK companies to obtain Corporation Tax relief or an expenditure credit for qualifying research and development. For accounting periods beginning on or after 1 April 2024, the merged R&D expenditure credit scheme and Enhanced R&D Intensive Support form the current framework.

To qualify, a project must seek an advance in science or technology by attempting to resolve scientific or technological uncertainty. The advance must not be something that a competent professional in the relevant field could readily work out.

Work in the arts, humanities or social sciences does not qualify simply because it is innovative. However, companies operating in creative industries can still qualify where their projects involve genuine scientific or technological uncertainty. This distinction is particularly important for creative businesses undertaking technical R&D.

SchemeWho can claimRatePotential benefit
Merged RDECCompanies with qualifying R&D expenditure20% taxable expenditure creditApproximately 15% to 16.2% net depending on Corporation Tax treatment
ERISLoss-making R&D-intensive SMEs meeting the intensity condition86% additional deduction, producing 186% enhanced expenditure, with a 14.5% payable credit on surrenderable lossUp to approximately 26.97% of qualifying expenditure where sufficient surrenderable loss is available

The merged RDEC credit is taxable and is dealt with through a series of statutory payment steps. Depending on the company’s tax position, it can offset Corporation Tax and other liabilities, with an amount potentially becoming payable after the relevant restrictions are applied.

How does the merged RDEC scheme work for your company?

The merged RDEC scheme provides a taxable expenditure credit equal to 20% of qualifying R&D expenditure.

For a company spending £100,000 on qualifying R&D, the gross credit would be £20,000. Because the credit is taxable, a company subject to Corporation Tax at 25% would generally retain a net benefit of approximately £15,000. At a 19% Corporation Tax rate, the equivalent net benefit would be approximately £16,200.

There is also a PAYE cap on the amount that can ultimately be paid to a company in an accounting period unless an exemption applies. Broadly, the cap is £20,000 plus 300% of the company’s relevant PAYE and National Insurance contribution liabilities for that period. For shorter accounting periods, the £20,000 element is proportionately reduced.

Qualifying expenditure can include staff costs, consumable materials, software, data and cloud computing costs, externally provided workers and certain payments to contractors, subject to the relevant conditions and restrictions.

These rules can be particularly important in technically complex industries such as M&E engineering, where development projects may involve qualifying design, testing and technical problem-solving.

Restrictions also apply to certain overseas contractor and externally provided worker costs.

Who qualifies for Enhanced R&D Intensive Support (ERIS)?

ERIS is available to loss-making SMEs whose qualifying R&D expenditure meets the R&D intensity condition.

For accounting periods beginning on or after 1 April 2024, qualifying R&D expenditure generally needs to represent at least 30% of the company’s relevant total expenditure, subject to the detailed rules, including the intensity-condition grace period.

A qualifying company can claim an additional deduction equal to 86% of its qualifying R&D expenditure. This means £100,000 of qualifying expenditure can produce enhanced expenditure of £186,000.

The payable credit is then calculated at 14.5% of the amount surrendered. The surrenderable loss is the lower of:

  • the enhanced expenditure; or
  • the company’s relevant trading loss after the additional R&D deduction.

Therefore, a loss-making R&D-intensive SME with £100,000 of qualifying expenditure and sufficient surrenderable losses could receive a maximum payable credit of approximately £26,970.

The actual benefit may be lower where the company’s available surrenderable loss is below £186,000.

A company that qualifies for ERIS can choose to claim under the merged RDEC scheme instead, but it cannot claim under both schemes for the same expenditure.

What is the Additional Information Form and why does it matter?

The Additional Information Form is mandatory for R&D claims and must be submitted before, or on the same day as, the Company Tax Return containing the claim.

Where the AIF and CT600 are filed on the same day, the AIF should be submitted first. Filing the Company Tax Return before completing this requirement can result in the R&D claim being removed.

The AIF requires detailed information including:

  • the company’s UTR, employer PAYE reference and VAT registration details where applicable
  • details of the main senior internal person responsible for the R&D claim
  • details of agents involved in preparing or advising on the claim
  • the relevant accounting period
  • qualifying expenditure details
  • project-by-project information about the R&D activities
  • explanations of the scientific or technological advances and uncertainties involved

Companies should make sure the accounting period information matches the Company Tax Return exactly.

A separate Claim Notification Form may also be required for accounting periods beginning on or after 1 April 2023. However, this requirement does not apply to every company.

It generally applies to first-time R&D claimants and companies whose previous claim falls outside the relevant three-year look-back period. Where notification is required, the claim notification period generally ends six months after the end of the relevant period of account.

Missing a required notification deadline can make the subsequent R&D claim invalid, so businesses should establish whether the requirement applies before filing.

How likely is an HMRC enquiry into my R&D claim?

HMRC has increased compliance activity around R&D tax relief significantly in recent years. This includes additional compliance staff and specialist work aimed at tackling error and abuse.

However, there is no single current published enquiry percentage that can reliably predict whether an individual R&D claim will be investigated.

What the latest figures clearly demonstrate is a substantial decline in claim volumes. The September 2025 R&D tax relief statistics estimate that there were 46,950 claims for 2023/24, down 26% from the previous year.

SME scheme claims declined more sharply, falling by approximately 31%.

Metric2023/24
Total R&D claims46,950
SME scheme claims36,885
RDEC claims10,065
Total relief claimed£7.6bn
Change in total claims-26%
Change in SME claims-31%

The total amount of relief claimed remained substantial at approximately £7.6 billion, only around 2% lower than the previous year’s estimate.

The reduction in smaller-company claims reflects the wider compliance and procedural changes affecting businesses across the country. Similar pressures have been seen among SMEs dealing with falling R&D tax relief claim volumes.

For businesses, the practical lesson is straightforward: prepare every claim on the assumption that HMRC may ask for supporting evidence.

What penalties apply if HMRC rejects my R&D claim?

An HMRC enquiry or rejected claim does not automatically mean that a penalty will apply. Penalties generally depend on whether an inaccuracy caused potential lost revenue and the behaviour that led to it.

For standard onshore inaccuracies, maximum penalties can include:

  • Careless inaccuracies: up to 30% of the potential lost revenue
  • Deliberate but not concealed inaccuracies: up to 70%
  • Deliberate and concealed inaccuracies: up to 100%

The actual percentage can be reduced depending on factors including disclosure and cooperation.

Late payment interest can also apply where additional Corporation Tax becomes payable. The current HMRC late payment interest rate is 7.75% per annum, effective from 9 January 2026.

For example, if an inaccurate R&D claim causes £50,000 of potential lost revenue, a careless inaccuracy could carry a maximum standard penalty of £15,000. A deliberate but not concealed inaccuracy could carry a maximum penalty of £35,000, while a deliberate and concealed inaccuracy could reach £50,000.

Actual penalties may be lower depending on the circumstances and the quality of disclosure.

A further development in 2026 is a proposed criminal offence relating to reckless untrue statements or declarations involving direct tax. The consultation closed on 16 August 2026. The proposal is not currently law, so companies should not treat the potential criminal sanction as an existing penalty.

What is the new R&D Advance Assurance pilot?

HMRC launched a targeted R&D Advance Assurance pilot in May 2026 for eligible SMEs.

Unlike full-claim Advance Assurance, the targeted pilot does not amount to approval of an entire R&D claim. Instead, eligible companies can seek greater certainty on specific complex or high-risk areas before filing.

This can be useful where a company faces uncertainty over issues such as whether particular activity qualifies as R&D, overseas expenditure, contracted-out R&D or the PAYE cap.

A separate full-claim Advance Assurance service also remains available to qualifying SMEs making their first R&D tax relief claim.

Advance Assurance does not replace the actual R&D claim or the other filing requirements. It gives eligible businesses greater clarity before the claim is submitted.

How can UK companies strengthen their R&D claim?

Strengthening an R&D claim begins with documenting the scientific or technological uncertainty the project sought to resolve, rather than simply compiling costs at the end of the accounting period.

A strong technical explanation should make clear:

  • the existing level of science or technology
  • the advance the project sought to achieve
  • the scientific or technological uncertainty encountered
  • why that uncertainty could not readily be resolved by a competent professional
  • how the project attempted to overcome the uncertainty

Practical steps include:

  • Keep contemporaneous technical records such as project plans, experiment logs, design iterations and test results.
  • Complete the AIF using specific project-level explanations rather than generic descriptions.
  • Check whether a Claim Notification Form is required and submit it within the relevant deadline where necessary.
  • Identify the senior internal person responsible for the claim.
  • Disclose the agents involved where required.
  • Separate qualifying R&D expenditure clearly from routine business activity.
  • Review contractor and overseas expenditure carefully before including it.

Strong technical evidence is particularly important in sectors where innovative commercial work and qualifying R&D can overlap. For example, motion graphics studios developing technically challenging production methods need to distinguish ordinary creative work from projects involving genuine technological uncertainty.

The same distinction matters when developing AI security systems that involve genuine technical challenges or undertaking innovation within wearable technology, smart textiles and sensor development.

Good documentation does not guarantee that HMRC will not open an enquiry, but it puts the company in a stronger position to explain and support the basis of its claim.

Frequently Asked Questions

Can I still claim R&D tax relief if my company is profitable?

Yes. Eligible profitable companies can generally claim under the merged RDEC scheme for accounting periods beginning on or after 1 April 2024.

The scheme provides a taxable expenditure credit equal to 20% of qualifying expenditure. The credit passes through statutory payment steps and can offset Corporation Tax or other liabilities, with an amount potentially becoming payable depending on the company’s circumstances.

Loss-making R&D-intensive SMEs may instead qualify for ERIS where they satisfy the relevant conditions.

How much does it cost to use an accountant for an R&D claim?

The cost varies between advisers and depends on the size and complexity of the claim.

Advisers may use fixed fees, hourly rates, contingent fees or a combination of different fee structures. Businesses should understand exactly what the quoted fee covers, including eligibility assessment, technical documentation, preparation of the AIF, tax calculations and support if HMRC later opens an enquiry.

Price should therefore be considered alongside the adviser’s technical expertise, sector experience and approach to compliance.

What happens if I miss the Claim Notification Form deadline?

First establish whether your company was actually required to submit a Claim Notification Form.

Not every claimant needs to complete one. The requirement generally applies to first-time claimants and certain companies without a sufficiently recent qualifying R&D claim.

If notification was required and the deadline has passed, the subsequent R&D claim may be invalid for that accounting period. Businesses should therefore review their previous claim history and obtain advice before assuming either that notification is required or that relief has been lost.

Does software development qualify for R&D tax relief?

Software development can qualify where a project seeks an advance in technology and involves technological uncertainty that a competent professional could not readily resolve.

Examples may include developing new algorithms, overcoming significant performance constraints or creating technically novel systems where existing solutions cannot achieve the required outcome.

Routine website development, standard app configuration or the implementation of off-the-shelf software does not automatically qualify.

What is the difference between the old SME scheme and ERIS?

The previous SME scheme changed over time, so one historic rate should not be applied to every old SME claim.

Before the April 2023 changes, the SME scheme generally provided a 130% additional deduction, producing total enhanced expenditure of 230%, alongside a 14.5% payable credit rate on qualifying surrenderable losses.

The rules changed for expenditure incurred from April 2023, including enhanced support for qualifying R&D-intensive SMEs.

For accounting periods beginning on or after 1 April 2024, ERIS provides qualifying loss-making R&D-intensive SMEs with an 86% additional deduction, producing enhanced expenditure of 186%, and a payable credit equal to 14.5% of the surrenderable loss.

Companies that do not qualify for ERIS generally use the merged RDEC scheme where otherwise eligible.

Can I claim R&D tax relief for work done overseas?

Overseas contractor and externally provided worker expenditure is more restricted under the current merged scheme and ERIS rules.

In general, expenditure relating to R&D activity undertaken outside the UK may be excluded. Limited exceptions can apply where conditions necessary for the R&D are not present in the UK, are present overseas and it would be wholly unreasonable to replicate those conditions in the UK.

Relevant circumstances may include particular geographical, environmental or regulatory requirements. Lower labour costs or greater availability of overseas workers alone are not sufficient.

Special rules may also apply to certain Northern Ireland companies claiming ERIS.

Businesses using overseas developers, engineers or specialist contractors should therefore review the location and contractual arrangements carefully before including the expenditure.

How Apex Accountants Can Help

If your company is investing in innovation, whether through new software, engineering solutions, digital systems or technically challenging products, R&D tax relief can provide valuable support where the eligibility requirements are met.

Apex Accountants supports research and development projects across a wide range of industries, helping businesses identify qualifying activity, prepare technical evidence, calculate eligible expenditure and complete the required documentation.

Our R&D tax team can support you with:

  • assessing whether projects meet the scientific or technological advance test
  • identifying qualifying expenditure
  • preparing the Additional Information Form
  • checking whether Claim Notification is required
  • calculating relief under the merged RDEC scheme or ERIS
  • reviewing contractor and overseas expenditure
  • supporting responses where HMRC opens an enquiry
  • assessing whether Advance Assurance may be appropriate

The rules have become more detailed, but eligible businesses can still access valuable relief where claims are carefully prepared and properly supported.

Book a free consultation to discuss your R&D activities with our team. We can review your projects, explain the relevant relief route and outline the compliance steps needed to prepare a robust claim.

Smith v HMRC – Follower Notice Penalties and the Montpelier Tax Scheme

Matthew Smith’s recent loss at the first-tier tribunal (tax chamber) is a reminder that UK tax authorities expect taxpayers to actively resolve disputed tax positions. Smith’s case centred on a marketed tax avoidance scheme, the Montpelier tax scheme, promoted by Montpelier Tax Consultants. The scheme routed his earnings through an Isle of Man partnership and trust to claim UK–Isle of Man double‑taxation relief. HMRC concluded that the arrangement failed and issued Smith with follower notices and accelerated payment notices for tax years 2004/05–2007/08. When he did not take the corrective action required by the notices, HMRC assessed penalties. The tribunal dismissed Smith’s appeal, holding that his failure to act was not reasonable.

Background – The Montpelier Tax Scheme and HMRC’s Response

Montpelier tax scheme

Smith, an IT consultant, joined a scheme marketed by Montpelier Tax Consultants, which sought to exploit the UK–Isle of Man double‑taxation arrangements. Earnings were routed through an Isle of Man partnership and an Isle of Man trust; the offshore trust income was declared on Smith’s UK tax returns, and he claimed equivalent double‑taxation relief. HMRC argued that the scheme was ineffective following the FTT decision in the Huitson case.

Enquiries and closure notices

HMRC opened enquiries into Smith’s returns and in 2010 issued closure notices stating that additional income tax and National Insurance contributions (NICs) were due. Montpelier appealed the closure notices on his behalf.

Follower and accelerated payment notices (FNs & APNs)

After the Huitson decision became final, HMRC wrote to Smith on 18 October 2016, explaining that follower notices and accelerated payment notices would be issued. The notices (sent on 4 November 2016) warned that he must take corrective action by 7 February 2017 or face penalties. A reminder was sent on 23 December 2016.

For the latest on HMRC investigations, read: HMRC Fines Estate Agents, Highlighting AML Failures—What It Means for You

Multiple deadlines and failure to act

Further letters in October 2017 and October 2018 extended the deadline for taking corrective action. Smith, relying on Montpelier’s advice, challenged the notices but did not amend his tax returns or enter into an agreement with HMRC. His final deadline of 31 October 2018 passed with no corrective action. HMRC therefore issued follower‑notice penalties (FNPs) on 14 August 2019 and offered a review, which eventually reduced the penalties to exclude NICs and apply a 20% co‑operation reduction.

What is a Follower Notice?

A follower notice is a tool introduced in the Finance Act 2014 that allows HMRC to resolve avoidance cases quickly once a representative case has been decided. HMRC may issue a follower notice where a return or appeal claims a tax advantage and HMRC considers that a judicial ruling is relevant. Recipients must take corrective action (amend returns or agree with HMRC to relinquish the claimed tax advantage) within a specified time.

A follower notice penalty is charged when a taxpayer fails to take corrective action. The penalty can be up to 50% of the denied tax advantage. HMRC may reduce the penalty for co‑operation, but reductions cannot reduce the penalty to less than 10% of the denied advantage. Fact sheets published by HMRC explain that the base penalty is 30% of the denied advantage and can be reduced if the taxpayer assists HMRC.

Grounds of appeal against an FNP are limited. Section 214 of the Finance Act 2014 allows appeals only where conditions for issuing the follower notice were not met or where it was reasonable in all the circumstances not to have taken corrective action.

Smith’s Appeal and Arguments

Smith represented himself at the tribunal. He argued that:

Similarities with Baker case

He relied on the successful appeal of Roy Baker, another Montpelier client. In Baker v HMRC, the FTT cancelled follower‑notice penalties because mistakes and inconsistencies in HMRC’s dealings led the tribunal to conclude it was reasonable for the taxpayer to rely on Montpelier’s advice.

Reliance on Montpelier and lack of expertise

Smith contended that, as someone without tax expertise, it was reasonable to rely entirely on Montpelier’s advice, and he had no reason to doubt it.

Confusing correspondence and delays

He claimed HMRC’s notices were hard to understand and that delays and contradictory advice, including the lengthy review process, should be taken into account. He also mentioned financial pressures and mental‑health issues.

HMRC argued that the follower notices were validly issued and that there were fundamental differences between Smith’s situation and the Baker case. They maintained that Smith failed to take corrective action despite multiple opportunities and requested that the tribunal uphold the penalties with a 20% co‑operation reduction.

Tribunal’s Findings and Reasoning

Failure to engage with HMRC

The tribunal found that Smith did not properly read HMRC’s letters or factsheets until 2018 and did not fully engage with his tax position until May 2019. He therefore did not understand the difference between follower notices and accelerated payment notices, the potential penalties, or what corrective action meant.

Smith relied entirely on Montpelier’s advice until March 2018 and then relied on a contact at HMRC (RW) to assure him there was nothing further to pay. The tribunal concluded that such reliance without attempting to understand or seek independent advice was unreasonable. Unlike the Baker case, there were no significant HMRC errors, and Smith did not deliberately decide to continue the appeal; he simply failed to act.

Reasonableness of not taking corrective action

The tribunal analysed whether it was reasonable, in all the circumstances, for Smith not to take corrective action. It noted that the standard is objective and depends on the taxpayer’s individual circumstances.

Key points:

Failure to read and understand

Smith admitted he had been given three opportunities to take corrective action and acknowledged that penalties would arise if he failed. His confusion stemmed from not reading or understanding the correspondence and not seeking advice.

Reliance on Montpelier vs independence

The tribunal recognised Smith’s lack of tax expertise but said his complete reliance on Montpelier until March 2018 and subsequent failure to read HMRC’s letters meant he did not engage with his tax position. He only sought independent advice when he appointed new advisers in December 2019.

Payment plan confusion

He argued that the payment plan for the accelerated payment notices covered all liabilities. The tribunal found that paying accelerated payments does not amount to corrective action and that Smith would have understood this if he had properly read the correspondence.

Delays and mental‑health issues

While HMRC’s delay in concluding the review (over four years) was unfortunate, it had no bearing on whether Smith acted reasonably; he provided no evidence linking mental‑health issues to his failure to act.

The tribunal concluded that Smith did not demonstrate that it was reasonable not to take corrective action. The follower notices were validly issued, and he failed to act before the deadline, so the appeal against the penalties was dismissed.

Read About: Understanding HMRC Penalty Suspension Requests: Insights from the Cox v HMRC Case

Penalty calculation

HMRC initially calculated the follower‑notice penalties at 50% of the denied income tax and NICs, totalling £42,369.80. During the review they removed the NICs element and applied a 20% co‑operation reduction under the Finance Act 2014, reducing the penalty percentage to 42%. The revised penalties totalled £32,541.32. The tribunal agreed with HMRC’s assessment, noting that Smith’s limited assistance did not justify a greater reduction. A breakdown of the final penalties is shown below:

Tax yearValue of denied advantagePenalty ratePenalty
2004/05£20,003.5642%£8,401.49
2005/06£24,529.7742%£10,302.50
2006/07£14,333.2942%£6,019.98
2007/08£18,612.7642%£7,817.35
Total£77,479.3842%£32,541.32

Lessons and Implications

The decision underscores several important points for taxpayers and advisers:

  • Read and engage with HMRC correspondence – Follower notices and associated fact sheets clearly set out deadlines and consequences. Failing to read them or seek clarification is unlikely to be considered reasonable.
  • Do not rely solely on scheme promoters – Montpelier and similar promoters have a vested interest in defending their schemes. The tribunal noted that Smith acted like a “post box”, forwarding Montpelier’s letters without understanding them. In contrast, in the Baker case, the taxpayer had a genuine reason to mistrust HMRC because of multiple errors.
  • Corrective action differs from payment of APNs – paying accelerated payments does not counteract the denied advantage. Corrective action requires amending returns or agreeing with HMRC to give up the claim.
  • Co‑operation can reduce penalties – HMRC has discretion to reduce follower‑notice penalties based on the quality of the taxpayer’s co‑operation, including helping quantify the tax advantage or counteracting it. Even limited co‑operation can secure a reduction; Smith’s penalties were reduced from 50% to 42%.
  • Appeal rights are narrow – Section 214 FA 2014 provides limited grounds for appealing follower‑notice penalties. Taxpayers must show that HMRC incorrectly issued the notice or that failure to take corrective action was reasonable. Evidence and proactive engagement are critical.

How We Can Help

Apex Accountants helps individuals and businesses navigate complex tax legislation and compliance. Our services include:

  • Tax investigations & disputes – guiding clients through HMRC enquiries, follower notices, accelerated payment notices and settlement negotiations.
  • Tax compliance & planning – ensuring returns are accurate, compliant and optimised while avoiding the pitfalls of aggressive schemes.
  • Contractor advisory services – advising on off‑payroll/IR35 status, double‑taxation agreements, and cross‑border structures.
  • Appeals & litigation support – preparing evidence, drafting grounds of appeal and liaising with specialists to challenge penalties where appropriate.
  • Regular updates & training – providing clients with updates on developments like the Montpelier scheme litigation and helping them understand their obligations.

If you have received a follower notice or are involved in a tax avoidance scheme, our team of experienced advisers can assess your situation and help you take the right corrective action.

Conclusion

The Smith v. HMRC decision underscores that follower notices are serious warnings, not mere formalities. Taxpayers who ignore them or leave matters entirely to scheme promoters risk substantial penalties. Smith’s reliance on Montpelier, failure to read HMRC’s correspondence, and failure to act after multiple deadlines led the tribunal to dismiss his appeal. By contrast, the tribunal in Baker cancelled penalties where HMRC had made multiple errors. The case highlights the importance of engaging with HMRC, seeking independent advice, and taking prompt corrective action when tax avoidance arrangements are challenged.

HMRC Update: HMRC has launched a £40 million enforcement campaign targeting sellers on Vinted and eBay.

FAQs

1. What is the Montpelier tax scheme?

The Montpelier scheme routed contractors’ earnings through an Isle‑of‑Man partnership and trust to claim double‑taxation relief. HMRC considered the arrangements ineffective after the Huitson case, and many users received follow-up notices requiring them to give up the tax advantage.

2. What is a follower notice penalty?

A penalty is charged when a taxpayer who has been issued a follow-up notice fails to take corrective action by the deadline. The maximum penalty is 50% of the denied advantage, though HMRC can reduce it for co‑operation. HMRC’s guidance states that the standard penalty is 30%.

4. How do follower notices differ from accelerated payment notices?

Accelerated payment notices (APNs) require taxpayers to pay disputed tax upfront while the dispute is resolved. Follower notices require them to give up the disputed tax advantage and amend returns; paying an APN does not count as corrective action.

5. What counts as corrective action?

Under section 208 FA 2014, corrective action means amending the tax return to remove the advantage or agreeing in writing with HMRC to relinquish it. The taxpayer must also notify HMRC that they have done so.

6. Can I appeal a follower notice penalty?

Yes, but only on specific grounds. Section 214 FA 2014 allows an appeal where HMRC failed to meet conditions for issuing the follower notice or where it was reasonable not to have taken corrective action. The appeal must normally be filed within 30 days.

7. How was the Baker case different?

In Roy Baker v HMRC, the FTT cancelled the penalties because HMRC’s numerous mistakes and inconsistent advice meant the taxpayer had good reason to trust his advisers and doubt HMRC. In Smith’s case, there were no similar errors, and he failed to engage with his tax affairs.

HMRC Fines Estate Agents, Highlighting AML Failures—What It Means for You

In February 2026, HM Revenue & Customs (HMRC) published its latest list of businesses that breached the Money Laundering Regulations. The update covers the period from 1 April to 30 September 2025 and shows that a total of 369 penalties were issued across all supervised sectors. The combined value of the fines reached £1.88 million. Estate agencies were the worst‑affected sector—HMRC fines estate agents the most, with 170 penalties levied against estate agency businesses, amounting to £835,842. Accountancy service providers were the second-largest group fined, receiving 134 penalties worth £513,930.

HMRC data shows that the majority of penalties arose because businesses traded without being registered for anti-money-laundering (AML) supervision. 332 of the 369 penalties were for unregistered trading, and the same pattern was highlighted in the specialist press. In many cases, businesses missed registration deadlines; registration failures are administrative issues that are avoidable. HMRC’s spokesperson stressed that AML supervision is “a vital line of defence” and that enforcement will continue.

Read: HMRC has launched a £40 million enforcement campaign targeting sellers on Vinted and eBay.

Why are estate agents being fined?

Estate agents are regulated under the Money Laundering, Terrorist Financing, and Transfer of Funds (Information on the Payer) Regulations 2017. HMRC identified several recurring compliance failures, which have led to HMRC AML fines being imposed on businesses that failed to meet the necessary regulatory standards.

  • Failure to register or renew registration on time: Over 90% of recent HMRC money laundering penalties were for trading while unregistered. Estate agents must register with HMRC before conducting estate agency work and renew annually.
  • Poor customer due diligence (CDD): Agents failed to verify the identity of buyers and sellers or establish the source of funds. HMRC guidance emphasises that estate agency businesses must carry out robust CDD and enhanced due diligence where risks are higher.
  • Weak or outdated risk assessments: Businesses are required to maintain a written risk assessment covering money laundering, terrorist financing, and proliferation financing. Some firms rely on generic templates rather than assessing the actual risks posed by their client base.
  • Inadequate policies, training, and records: The regulations demand that agents have documented policies and procedures, train staff to recognise red flags, and keep records for at least five years. HMRC inspections have found incomplete records and a lack of staff training.
  • Failure to appoint a nominated officer (Money Laundering Reporting Officer): Each agency must appoint an MLRO and a deputy to handle suspicious activity reports. Many smaller firms overlook this requirement.

Also Read: Investors are at risk of tax fines due to the HMRC Capital Gains Tax Glitch

Broader risks in the property sector

Property transactions have long been a magnet for illicit funds. The National Risk Assessment 2025 notes that property transactions appear in almost every money laundering typology and predicate offence. The property sector overall is assessed as high-risk, with estate agents among the most exposed professions. Criminals use complex corporate structures, trusts, or special-purpose vehicles to hide beneficial ownership and move large sums. Super-prime property (worth £5 million in London or £1 million elsewhere) and residential property are considered particularly attractive to launderers.

Best-practice AML compliance for estate agents

HMRC and professional bodies outline steps that estate and letting agencies should take to stay compliant:

  • Perform a written risk assessment—identify money laundering, terrorist financing, and proliferation financing risks based on customers, geographic areas, services offered, and transaction size. Keep the assessment current and document the reasoning behind each risk rating.
  • Develop policies, controls, and procedures—Create a written AML policy that sets out how risks will be managed and update it when regulations change.
  • Train your team—ensure all staff understand the regulations, know how to perform CDD, and recognise suspicious activity. Record training sessions and refresher courses.
  • Appoint an MLRO and deputy—they must review internal reports and submit suspicious activity reports to the National Crime Agency without tipping off the client.
  • Register and renew with HMRC – Register before you start trading and renew annually. Provide generic email addresses so renewal reminders are not missed.
  • Conduct customer due diligence – Verify identity, check beneficial ownership of companies, and confirm the legitimacy of funds. Apply enhanced due diligence when dealing with politically exposed persons, higher-risk countries, or complex corporate structures.
  • Keep records – Keep copies of identity documents, risk assessments, and transaction files for at least five years.
  • Use technology wisely – Adopt reliable ID verification and sanctions screening tools. Document why you chose each tool and ensure your systems are calibrated to UK sanctions lists and AML regulations.
  • Audit yourself – Run mock HMRC audits annually to identify gaps. Independent reviews can highlight weaknesses in policies and training.

The Wider HMRC AML Fines and Regulations

Changes in 2025 and 2026 mean that AML compliance is evolving. May 2025 introduced mandatory sanctions checks for all letting and estate agents, meaning firms must screen every client against UK sanctions lists. In January 2026, the UK government consolidated sanctions designations into a single list to simplify checks. There are also proposals to refine the money laundering regulations to be more targeted and risk‑based; the direction of travel suggests stronger expectations for high‑risk areas.

At the same time, risk assessments show that criminals increasingly use super-prime property, corporate structures, and special-purpose vehicles to launder money. Estate agents therefore need to understand complex ownership structures and ask probing questions about the source of funds.

Read: Understanding HMRC Penalty Suspension Requests: Insights from the Cox v HMRC Case

How We Help Estate Agents Stay Compliant and Avoid HMRC Money Laundering Penalties

Apex Accountants supports estate agents, letting agents, and property professionals in meeting their AML obligations. Our specialist team combines accounting expertise with deep knowledge of AML regulations.

  • Registration and renewal assistance – We handle HMRC registration, renewals, and “fit and proper” tests to ensure you are correctly supervised.
  • Risk‑assessment workshops – Our consultants help you develop tailored risk assessments that reflect your business model and client base. We provide templates and walk you through risk factors identified by HMRC.
  • Policy drafting and implementation – We write clear AML policies, controls, and procedures and assist with implementation across your branches.
  • Staff training – We offer face-to-face training and online modules covering CDD, enhanced due diligence, sanctions screening, and reporting obligations. Training is recorded for audit purposes.
  • Mock audits and compliance reviews—Our independent reviews identify weaknesses before HMRC does. We test your processes, document findings, and help implement corrective actions.
  • Ongoing support—Our helpline provides prompt advice on complex transactions, suspicious activity reporting, and changes in the law. We also monitor regulatory updates and notify you of relevant changes.

Conclusion

HMRC’s latest enforcement action shows that AML compliance is not just a regulatory box‑ticking exercise—it is a crucial defense against criminals exploiting the UK property market. More than 170 estate agency businesses were fined in the latest reporting period, mostly for administrative failings such as failing to register with HMRC. Yet the risk of money laundering in property remains high; the National Risk Assessment 2025 warns that property transactions are used in almost every money laundering typology.

For estate agents, the message is clear: register, assess your risks, train your team, and keep records. By embedding robust AML procedures and staying on top of regulatory changes, firms can protect their reputation, avoid costly fines, and help safeguard the integrity of the UK property market.

FAQs

1. Do estate agents really need to register with HMRC? 

Yes. Any UK‑based firm carrying out estate agency work (including dealing with overseas property for UK customers) must register with HMRC for AML supervision. Letting agents must also register if they handle rent or deposits above €10,000 per month.

2. What does AML compliance involve? 

Agents must conduct risk‑based CDD, maintain written policies and procedures, train staff, and appoint an MLRO. They should assess each client and transaction to decide whether simplified, standard, or enhanced due diligence applies.

3. Why were so many fines issued? 

HMRC emphasises that most penalties were for administrative failings—businesses had not registered or renewed on time. Compliance is not optional; ignorance of the rules is no defence.

4. How often should we review our risk assessment? 

HMRC guidance says estate agency businesses must keep their risk assessment up-to-date and modify it when services, client base, or operating model changes.

5. What are the penalties? 

Fines vary widely. Past HMRC penalty lists show amounts from a few thousand pounds to more than £50,000. Recent data shows an average fine of around £6,200 for estate and letting agents.

6. How can we avoid fines? 

Register on time, maintain accurate records, conduct CDD and sanctions checks, train staff regularly, and seek professional advice. Use a reputable AML tool or reminder service to track renewal dates.

Understanding HMRC Penalty Suspension Requests: Insights from the Cox v HMRC Case

The recent ruling in Cox v HMRC from the Upper Tribunal (UT) provides important clarification on how UK taxpayers can effectively request the suspension of penalties for careless inaccuracies. In this case, taxpayers Philip and Debra Cox faced over £32,000 in penalties due to errors in their tax returns related to Business Asset Disposal Relief (BADR) claims. UT’s ruling emphasizes the importance of framing HMRC penalty suspension requests carefully and tailoring them to address future risks rather than relying on generic statements.

Cox v HMRC Case Background

Philip and Debra Cox made errors in their 2019/20 tax returns by claiming BADR for the disposal of shares in their company, which was not valid due to their failure to meet the 5% shareholding requirement. As a result, HMRC imposed penalties for careless inaccuracies. These penalties, amounting to over £32,000, were based on the fact that the Coxes incorrectly claimed BADR, for which they were ineligible.

After receiving HMRC’s decision, the Coxes requested that the penalties be suspended, proposing conditions like seeking professional advice for future claims and holding pre-submission meetings with their accountant. However, HMRC rejected their request, arguing that these conditions did not sufficiently address the risk of future inaccuracies.

Key Findings of Tribunal 

The First-tier Tribunal (FTT) initially ruled that the inaccuracy was “careless” and that HMRC’s refusal to suspend the penalties was justified. The FTT stated that the proposed conditions were too generic and essentially restated basic taxpayer duties. The UT found that the FTT had made some errors in its interpretation of the law, but those errors were not significant enough to change the outcome.

The UT clarified that it was not necessary for the future inaccuracy to be of the same nature as the original error. Instead, HMRC should focus on the taxpayer’s behaviour and conditions, which could effectively address the root cause of the inaccuracy. In this case, the UT concluded that the conditions proposed by the Coxes, although related to future compliance, were not specific enough to reduce the risk of further inaccuracies.

What HMRC Considers When Reviewing Suspension Requests

If specific conditions are met, HMRC has the discretion to suspend penalties. However, the criteria for suspension are difficult to meet, especially in cases where taxpayers have a strong compliance history. The Coxes’ request was turned down in this case because their previous good compliance record showed that there was no need for immediate corrective action.

When considering suspension requests, HMRC will assess whether the conditions proposed will meaningfully reduce the risk of future penalties.

For example, simply agreeing to take professional advice in the future or promising to meet with an accountant for review meetings is unlikely to be sufficient unless the conditions directly address the underlying issues that caused the original error.

Implications of the Ruling for Taxpayers

This case illustrates the value of framing suspension conditions clearly and specifically. The UT ruling highlights that taxpayers should focus on demonstrating how their behaviours will change to prevent future inaccuracies. Conditions should not only meet the reasonable standards of a “prudent taxpayer” but also show a commitment to reducing the risk of future errors.

Taxpayers must propose actionable, measurable conditions that will reduce the likelihood of further mistakes. For instance, a taxpayer might propose implementing new internal controls, committing to a more thorough review process, or undergoing targeted training in areas where errors have occurred in the past.

Expert Commentary on HMRC Penalty Suspension Requests

The ruling also sheds light on the fact that taxpayers with a prior record of excellent compliance might face a higher threshold for penalty suspension. This may seem counterintuitive, but it is based on the statutory condition that there must be something in the taxpayer’s behaviour or practice that needs to be corrected in order for the suspension to be appropriate.

Apex Accountants believes that this decision serves as an important reminder of the complexities involved in seeking and framing penalty suspensions. For taxpayers, it is crucial to understand that HMRC requires more than just exemplary intentions or a clean compliance record—it requires clear, targeted actions that address any gaps or weaknesses in compliance practices.

We advise taxpayers to consider the following when requesting suspension:

  • Frame conditions that address root causes: Focus on what went wrong and propose changes to processes or practices to ensure future compliance.
  • Be specific and measurable: Propose clear actions that can be tracked and assessed. This could include implementing new compliance checks, seeking ongoing professional advice, or setting up regular reviews.
  • Use the SMART criteria: Ensure that any proposed actions are Specific, Measurable, Achievable, Relevant, and Time-bound.

While the UT’s decision upheld HMRC’s refusal to suspend the penalties in this case, it is essential to note that taxpayers should always seek professional advice when dealing with penalty suspension requests. With the right approach, it may be possible to persuade HMRC to reconsider or even reverse its decision.

What This Means for Taxpayers Moving Forward

Taxpayers who are facing similar issues should take care to propose conditions that are more than just generic commitments. They must show a clear path towards behavioural change that will prevent future penalties. Additionally, it is key to understand the specific requirements under the Finance Act 2007, Schedule 24, and to work with professionals to draft tailored conditions.

The Cox v HMRC case also clarifies that while taxpayers do not need to link past errors to future ones, the focus should be on preventing further mistakes and demonstrating a commitment to compliance.

If you are dealing with a penalty suspension request or need advice on improving your tax compliance, book a consultation with Apex Accountants today. We can guide you through the process and help you reduce the risk of future penalties.

For more information, contact us at [email protected] or call 0203 883 4777.

Investors Are At Risk Of Tax Fines Due To The HMRC Capital Gains Tax Glitch

A government system error could leave thousands of UK investors facing unexpected tax penalties this year. The problem stems from the HMRC Capital Gains Tax glitch, where online self-assessment forms are showing incorrect CGT figures. HMRC failed to correctly update its online tools after introducing rate changes in late 2024. Many investors using the portal have unknowingly submitted returns with inaccurate tax calculations.

This issue has already resulted in tax fines for investors, even when the mistake was caused by HMRC’s systems. Despite the glitch, HMRC continues to hold individuals accountable for any underpayment or omission.

In this article, we elucidate the issues, identify the individuals impacted, and suggest the appropriate course of action. We also outline how Apex Accountants can help you submit an accurate return, avoid penalties, and protect your financial position.

What Is the HMRC Capital Gains Tax Glitch?

The issue began after HMRC made updates following CGT rate changes announced in late 2024. However, technical errors mean some self-assessment forms are showing incorrect CGT calculations.

The main problems include:

  • Incorrect CGT liabilities showing on some tax returns
  • Errors in auto-filled figures within HMRC’s online forms
  • Risk of underpayment or overpayment
  • Potential late filing penalties due to delayed corrections

HMRC has acknowledged the issue, but many forms remain unfixed. The longer it remains unresolved, the higher the risk of HMRC penalties for capital gains submitted in error.

Who Is at Risk?

This issue may impact:

  • Individual investors disposing of property, shares, or crypto
  • Taxpayers using HMRC’s online self-assessment portal
  • Anyone filing for the 2024–25 tax year without a manual review
  • People relying on HMRC’s CGT calculator without professional checks

Even if the return is submitted on time, HMRC may still issue tax fines for investors who underreport gains due to faulty system outputs.

Key Risks to Investors

Here’s how the glitch could affect you:

  • Incorrect CGT bills
  • Interest and penalties on unpaid tax
  • Compliance checks triggered by mismatches
  • Time-consuming amendments and resubmissions
  • Missed reliefs or incorrect loss reporting

Even small errors can result in significant HMRC penalties for capital gains, especially if not corrected before the deadline.

What You Should Do

To protect yourself, follow these steps:

  • Check CGT figures manually using current tax rates
  • Review disposal dates, purchase costs, and reliefs used
  • Use updated software or a professional tax adviser
  • Amend any already submitted return if it contains errors
  • Keep accurate records for all disposals and gains

Submitting a correct return remains your responsibility—even if HMRC tools are faulty.

Why Choose Apex Accountants

At Apex Accountants, we specialise in helping investors file accurate, compliant tax returns—even when HMRC systems fall short. Our team knows what it takes to navigate Capital Gains Tax, and we work with individuals, landlords, and high-net-worth clients across the UK to reduce the risk of fines, penalties, and unwanted HMRC enquiries.

We don’t just process numbers—we help you make sense of them. Whether you’re reporting share disposals, crypto transactions, or second home sales, we provide practical, hands-on support at every stage of your tax journey.

Here’s how we help:

  • Accurate Capital Gains Tax Reviews
    We calculate gains and losses correctly using up-to-date rates and identify all eligible reliefs, including Private Residence Relief and Business Asset Disposal Relief.
  • Self-Assessment Filing with Confidence
    We prepare and submit your return on your behalf, review for HMRC system errors, and keep you informed throughout the process.
  • HMRC Dispute Support
    From investigating miscalculations to appealing unfair penalties, we represent you with full technical support and clear communication.
  • Specialist Advice for Property and Crypto Investors
    We provide tax guidance tailored to those dealing with residential property gains or complex digital asset portfolios.
  • Digital Filing and MTD Compliance
    Our team helps you comply with Making Tax Digital and stay ahead of HMRC’s evolving digital requirements.

With Apex Accountants, you benefit from deep technical expertise, clear communication, and a responsive service built around your needs. Our advice is proactive, our support is ongoing, and our aim is always to protect your financial interests.

Speak to us today to get expert support with your Capital Gains Tax and investment reporting.

FAQs 

What caused the HMRC glitch?
The glitch occurred after CGT changes were introduced but not properly applied in HMRC’s online forms.

Who is affected by the error?
Anyone using HMRC’s self-assessment portal to report capital gains for the 2024–25 tax year may be at risk.

Can I fix a return if I’ve already submitted it?
Yes. You can file an amended return within the correction window or request a review if penalties are charged.

Will HMRC waive fines if it’s their fault?
Not automatically. You are still responsible for accurate returns. You may need to appeal any fine.

How do I check if my figures are wrong?
Compare your CGT calculations manually or consult a qualified accountant for review.

Is this glitch affecting crypto investors?
Yes. Reporting capital gains from digital assets through HMRC’s online tools also impacts them.

Can I claim CGT losses during this period?
Yes, provided the losses are recorded and submitted correctly. These can offset gains and reduce liability.

When is the self-assessment deadline?
For the 2024–25 tax year, the deadline is 31 January 2026.

Is the problem ongoing?
HMRC is working on fixes, but as of January 2026, many users still report incorrect calculations.

Should I still use HMRC’s portal?
Yes, but verify all figures carefully. You may also consider using an agent or external software.

HMRC’s New AI Offensive: What Landlords Should Know About HMRC AI Tax Audits

HMRC is stepping up its battle against tax evasion, now armed with powerful artificial intelligence (AI) tools. As these technologies reshape tax compliance, landlords must stay informed about the potential impact on their finances. From improved data analysis to more accurate audits, the rise of AI poses both opportunities and challenges. Here’s a breakdown of what landlords need to know about HMRC AI tax audits and how they could affect their tax reporting.

What Is HMRC’s New AI-Driven Approach to Tax Compliance?

HMRC is leveraging powerful AI tools to cross-check taxpayers’ financial activities. These systems process data from banks, online platforms, utility companies, and even social media to spot discrepancies. The focus is on reducing tax evasion, especially for those with complex financial affairs, like landlords with multiple properties.

How Does AI Impact Landlords’ Tax Returns?

HMRC’s use of AI may help streamline tax compliance, but it also raises concerns about privacy, accuracy, and transparency. Landlords who play by the rules have little to fear, but those who make unintentional mistakes may face disproportionate scrutiny from automated systems. The introduction of risk scores, based on AI assessments, could lead to incorrect judgements, so landlords need to ensure their records are spotless to maintain landlord tax compliance and AI standards.

What Role Does Making Tax Digital (MTD) Play in This?

The government’s push for Making Tax Digital (MTD) is a key part of its strategy to simplify tax reporting. Landlords who earn over £10,000 from property will be required to maintain digital records and submit quarterly tax returns. This shift increases the importance of keeping accurate and digital records, especially as AI tools become more involved in detecting inconsistencies.

What Data Does HMRC’s AI System Use?

HMRC’s AI systems, including the “Connect” platform, process vast amounts of data. These systems pull information from various sources, including the Land Registry, banks, and social media platforms. AI cross-references these records to spot discrepancies, such as undeclared rental income or mismatches between mortgage data and reported earnings.

How Can Landlords Ensure They Stay Compliant?

To avoid falling victim to automated errors, landlords must take proactive steps:

  • Keep Digital Records: Maintain clear, digital records of all income and expenses, especially if you fall under MTD rules.
  • Match Income to Evidence: Ensure rental income matches the amounts on bank statements, letting agent reports, and tenancy agreements.
  • Claim Only Legitimate Expenses: Avoid rounding up numbers and ensure all claimed expenses are documented with receipts or invoices.
  • Declare All Income: Don’t forget to declare income from all sources, including overseas properties, holiday lets, or interest on investments.
  • Seek Professional Advice: If you have a complex portfolio, consult an accountant who understands property tax laws to ensure compliance.

How Can Landlords Avoid AI Mistakes?

AI systems are not infallible, and mistakes can happen. Landlords need to be ready to defend their records in the event of discrepancies or red flags. Regularly reconciled accounts and transparent, accurate data are essential to avoiding issues.

Is Social Media Activity Being Monitored?

Yes, HMRC is now using AI to monitor public social media posts. Despite the government’s insistence that these tools are solely for criminal investigations, landlords should exercise caution in their online postings. Sharing details about property renovations or second homes could potentially attract unwanted attention from AI algorithms.

What Impact Does AI Surveillance Have on Landlords?

HMRC’s use of AI may help streamline tax compliance, but it also raises concerns about privacy, accuracy, and transparency. Landlords who play by the rules have little to fear, but those who make unintentional mistakes may face disproportionate scrutiny from automated systems. The introduction of risk scores, based on AI assessments, could lead to incorrect judgements, so landlords need to ensure their records are spotless.

How Is HMRC Using AI to Target Wealthy Individuals?

The Wealthy Unit at HMRC targets individuals earning over £200,000 or holding assets over £2 million. However, landlords with substantial property portfolios or overseas investments are also in HMRC’s sights. AI systems are particularly adept at spotting discrepancies in complex financial structures, including those involving properties abroad or through corporate entities.

What Should Landlords Do if They Are Involved in Tax Avoidance Schemes?

Landlords involved in dubious tax avoidance schemes should take immediate action. HMRC has cracked down on schemes that promise to reduce tax liability by manipulating rental income, capital gains, or inheritance tax. If you’re using such schemes, it’s important to contact HMRC as soon as possible to avoid penalties and interest.

What Are the Potential Risks of AI-Powered Tax Audits for Property Owners?

While AI tools can identify potential issues quickly, they can also lead to false positives. The lack of human oversight in some cases could result in genuine errors being flagged as deliberate fraud. Landlords need to be aware of these risks and ensure their tax returns are fully supported by clear, verifiable records.

How Can Landlords Adapt to the New AI-Driven Tax Landscape?

  1. Keep Up-to-Date, Accurate Records: Ensure that all records are digital and accurately reflect the income and expenses of each property.
  2. Match Rental Income with Bank Records: Regularly reconcile bank and rental data to ensure that your reported income aligns with what’s in your financial accounts.
  3. Digitise Invoices and Expenses: Maintain transparent and well-documented records for all property-related expenses.
  4. Be Transparent About Income Sources: Ensure that all income, including from holiday lets and foreign properties, is declared accurately.
  5. Seek Professional Advice: If in doubt, consult a property tax expert to ensure you’re compliant with all regulations related to landlord tax compliance and AI.

Why Choose Apex Accountants for HMRC AI Tax Audits Compliance?

At Apex Accountants, we specialise in helping landlords navigate the complexities of tax compliance, particularly with the rise of HMRC AI tax audits. Here’s why you should choose us:

1. Expertise in Property Taxation

With years of experience, we help landlords manage property taxes, ensuring compliance with all regulations, and optimising their tax positions.

2. MTD and AI Compliance

We guide landlords through Making Tax Digital (MTD) requirements, keeping records compliant and ready for AI-driven audits from HMRC.

3. Tailored Advice for Complex Portfolios

For landlords with multiple properties or overseas investments, we provide specialised advice to ensure accurate reporting and avoid AI red flags.

4. Proactive Support

Our team stays up-to-date on regulatory changes, offering proactive guidance to prevent discrepancies that could attract attention from HMRC’s AI systems.

Apex Accountants is your trusted partner for ensuring compliance and optimising your tax position in the age of AI-powered tax audits for property owners. Contact us today to safeguard your property business and stay ahead of HMRC’s evolving requirements.

HMRC Update on Making Tax Digital: The ‘Biggest Change’ to Income Tax in 30 Years

The UK government is preparing to roll out Making Tax Digital (MTD), a transformative update to the country’s tax system. Starting next year, certain taxpayers will be required to use this digital platform to record and submit their tax information. This change will affect businesses, self-employed individuals, and landlords, fundamentally altering the way they interact with HMRC. Currently, thousands of volunteers are trialling the system, and in response to their feedback, the HMRC Update on Making Tax Digital has been released, outlining key adjustments designed to make the transition smoother for all involved. 

These Making Tax Digital changes aim to ensure a more accurate, efficient, and user-friendly system for everyone who engages with the UK tax process.

Why is MTD a Game-Changer?

The shift to Making Tax Digital for Income Tax (MTD for ITSA) represents the most significant change to the UK income tax system in over 30 years. Under MTD, taxpayers will no longer rely solely on submitting a single annual self-assessment tax return in the traditional format. Instead, they will provide quarterly digital updates on their income and expenses through HMRC-approved software, helping to streamline the tax process, reduce errors, and ensure more timely reporting. 

However, taxpayers must still submit an annual final declaration after the quarterly updates, which reconciles and confirms all income, expenses, allowances, and tax liabilities for the year. This final digital submission replaces the traditional annual tax return and completes the tax reporting cycle under the new MTD regime, effective from April 2026.

Key Updates from Testers’ Feedback

HMRC has been conducting trials of the MTD system, with a focus on improving its functionality and addressing user concerns. Participants’ feedback has led to the implementation of several important changes:

Improved Communication

Testers requested better communication from HMRC about their submissions. In response, HMRC has now introduced a quarterly newsletter for participants. Throughout the trial period, testers will receive updates, guidance, and answers to frequently asked questions through this newsletter.

Confirmation of Submissions

Another concern raised by testers was the lack of confirmation receipts after submitting their quarterly updates. Currently, no confirmation emails are sent to acknowledge receipt of the submission. HMRC acknowledged this issue and responded by saying that, although some software products may already provide these confirmations, taxpayers and agents can check the status of their submissions at any time via their digital tax accounts. HMRC has also committed to updating its guidance to make this process clearer.

Expanded Customer Support

Testers pointed out that there are more diverse support options as the number of participants grows. In response, HMRC has introduced a comprehensive support model for participants. This includes a dedicated customer support team to assist testers with any issues they may encounter during the trial phase. This support will continue once the system becomes fully operational.

Multiple Agents for Different Submissions

Participants also pointed out the need for functionality that allows multiple agents to manage different aspects of their tax submissions, such as one agent for quarterly updates and another for end-of-year filings. HMRC has been trialling this feature and will refine it before the system’s official rollout.

What’s Happening During the Testing Phase?

The testing phase, which began in April 2025, focuses on fine-tuning the platform’s capacity to handle high user volumes. HMRC has been trialling the sign-up process to ensure that the system can accommodate a large number of participants, and since August 2025, users have been able to submit their first quarterly updates using MTD software.

During the testing phase, HMRC has been checking that estimated payments are correct and making sure the system can perform certain actions in the digital tax account, like adding or stopping an income source and choosing to join or leave the service.

Key Features of MTD for ITSA

Once fully operational, Making Tax Digital for Income Tax (MTD for ITSA) will enable businesses, self-employed individuals, and landlords to:

  • Maintain Digital Records: Users will be required to maintain digital records of their income, expenses, and other financial details.
  • Submit Tax Returns via Software: Tax returns will be submitted through MTD-compatible software, which will eliminate the need for paper-based recordkeeping.
  • Access Digital Tax Accounts: Taxpayers will manage their accounts and submissions through a secure digital tax account, offering more transparency and ease of use.

What Does This Mean for the Future of Tax Reporting?

The HMRC’s push for digital tax reporting reflects a broader effort to modernise the UK’s tax system. The move to MTD will simplify and streamline processes for many taxpayers, although there are concerns about the impact on smaller businesses and those less familiar with digital tools. However, HMRC is confident that these changes will provide long-term benefits, including:

  • Fewer Errors: Digital submissions and more frequent updates reduce the risk of errors that often occur during the annual self-assessment process.
  • Faster Processing: Real-time data collection allows HMRC to process returns more quickly and respond to issues faster.
  • Better Engagement: Taxpayers will engage with their tax records more regularly, making it easier to manage their financial obligations.

What Should Taxpayers Do Now?

The official rollout of MTD for ITSA is scheduled for April 2026. However, taxpayers who meet the required criteria have been using the system voluntarily since 2024. To prepare for the transition:

  • Check Eligibility: Ensure you meet the thresholds for MTD compliance (e.g., self-employed or earning over £10,000 annually from property income).
  • Select MTD-Compatible Software: Research and choose software that will enable you to record income and submit quarterly updates digitally.
  • Start Digital Record-Keeping: Begin maintaining digital records of your income and expenses if you haven’t already.

Why Apex Accountants is the Right Choice Following the HMRC Update on Making Tax Digital

With the HMRC update on MTD, businesses and self-employed individuals must adapt to new tax reporting rules. At Apex Accountants, we specialise in helping clients navigate these Making Tax Digital changes smoothly:

  • Expert MTD Knowledge: Stay ahead with our in-depth understanding of MTD requirements and HMRC compliance.
  • Tailored Solutions: We offer personalised MTD services, from selecting the right software to submitting quarterly updates.
  • Seamless Digital Transition: Let us handle the shift to digital tax reporting, ensuring your records are compliant.
  • Proactive Tax Planning: Maximise tax reliefs and minimise liabilities while staying compliant with MTD.
  • Ongoing Support: We provide continuous guidance to ensure smooth MTD compliance and updates from HMRC.

Contact us today to ensure a smooth transition to Making Tax Digital and keep your business compliant and efficient.

Latest UK Tax Compliance Updates from HMRC

Staying abreast of the latest UK tax compliance updates and regulatory measures is crucial to avoiding HMRC tax investigations. Indeed, recent changes in tax laws and HMRC’s regulatory framework aim to enhance compliance and prevent tax evasion. 

These changes affect both businesses and individuals, making it more important than ever to understand reporting duties, record-keeping requirements, and filing deadlines. Seeking timely HMRC regulatory advice can help taxpayers interpret complex rules, minimise risks, and remain confident that their affairs are managed correctly. Here’s a detailed overview of the latest updates and how organisations can stay compliant.

New UK Tax Compliance Updates

Making Tax Digital (MTD):

  • Overview: HMRC’s Making Tax Digital initiative continues to modernise how taxpayers manage their obligations. MTD for VAT has been fully implemented, and further reforms are underway. The government has also launched a consultation on electronic invoicing (e-invoicing) to establish UK-wide standards, making tax administration more efficient for businesses and individuals.
  • Compliance: Businesses must use compatible accounting software to keep digital records and submit VAT returns directly to HMRC. Adopting e-invoicing standards will support automation and reduce filing errors.

Employment Status and PAYE Simplification:

  • Overview: Since 30 April 2025, HMRC has revised its Check Employment Status for Tax (CEST) digital tool to make employment classification easier. The new guidance helps users answer questions accurately.
  • Compliance: Employers should use the updated tool to determine employment status correctly. HMRC will stand by the result where the tool is used properly.
  • Overview: From 1 May 2025, the process for transferring an employer’s National Insurance contributions (NICs) liability to employees acquiring employment-related securities, such as shares, was simplified.
  • Compliance: Employers using HMRC’s election form template on GOV.UK no longer need pre-approval, reducing administrative steps.

Payrolling of Benefits in Kind (BIK):

  • Overview: Mandatory payrolling of income tax and Class 1A NICs on benefits in kind will now take effect from 6 April 2027, one year later than planned.
  • Compliance: Employers should prepare payroll systems in advance and follow HMRC’s technical guidance on the transition.

Capital Goods Scheme Simplification:

  • Overview: The Capital Goods Scheme will be simplified by removing computers from assets covered and raising the qualifying threshold for land, buildings, and civil engineering works to £600,000 (excluding VAT).
  • Compliance: These reforms will reduce the number of assets that fall within the scheme, cutting compliance costs for small businesses.

Corporate Interest Restriction Simplification:

  • Overview: HMRC will engage stakeholders to simplify administrative rules for the Corporate Interest Restriction regime, including how reporting companies are appointed.
  • Compliance: Businesses should monitor consultation outcomes to understand potential changes in reporting and record-keeping.

Transfer Pricing and International Tax Reform:

  • Overview: Draft legislation has been released to reform the UK’s rules on transfer pricing, permanent establishments, and Diverted Profits Tax, following earlier consultation.
  • Compliance: Multinationals must assess existing structures and prepare for updates to UK international tax law.

Self-Assessment and Income Tax Reporting Thresholds:

  • Overview: The government will align and increase self-assessment reporting thresholds for trading, property, and other taxable income to £3,000 gross each. This will remove the filing requirement for around 300,000 taxpayers with lower incomes.
  • Compliance: Those below the new threshold will be able to report income using a new digital service instead of submitting a full self-assessment return.

Simplifying HMRC Guidance and Communication:

  • Overview: HMRC will simplify its language, clarify Self Assessment registration guidance, and reduce non-essential correspondence.
  • Compliance: From June 2025, six categories of routine corporation tax letters ceased, improving efficiency and cutting paper use.

Customs and Trade Digitalisation:

  • Overview: HMRC is modernising customs administration through digitalisation, pilot projects, and the simplification of Temporary Admission procedures from 2025 onwards.
  • Compliance: Businesses involved in imports and exports should prepare to use digital customs systems and note that the Authorisation by Declaration limit will rise from three to ten uses per year.

Penalties and Consequences of Non-Compliance

HMRC has increased penalties for late filings, inaccurate returns, and regulatory breaches. Non-compliance can result in:

  • Financial fines and surcharges
  • Interest on unpaid tax
  • Lengthy HMRC investigations
  • Reputational damage and loss of client trust

Staying Ahead of Regulatory Updates

Regular Training and Updates:

To begin with, ensure that your finance and compliance teams are regularly trained on the latest tax laws and regulations. Keeping up-to-date with HMRC updates can, therefore, prevent non-compliance issues.

Using Technology:

Furthermore, implementing digital tools and software can help maintain accurate records and ensure timely submissions. For instance, software compatible with MTD can automate many compliance tasks, thus reducing the risk of errors.

Professional Advice:

Additionally, engaging HMRC Tax Compliance UK advisors can provide expert guidance tailored to your specific circumstances. Advisors can help interpret new regulations and ensure UK tax compliance with all HMRC requirements.

Sector-Specific Focus:

  • Contractors and agencies must focus on IR35 compliance.
  • Importers and exporters must follow new customs rules.
  • Finance, property, and legal firms must meet stricter AML standards.

How Apex Accountants Can Help

Apex Accountants offers comprehensive HMRC compliance guidance to help you stay compliant with the latest tax regulations. Our HMRC Tax Compliance UK experts provide:

  • Expert Guidance: Specifically, we offer detailed advice on new tax laws and compliance strategies.
  • Technology Solutions: Moreover, we provide assistance in implementing digital tools for MTD and other compliance needs.
  • Ongoing Support: Furthermore, we offer continuous HMRC regulatory advice to address any enquiries and ensure compliance.

In conclusion, stay ahead of UK tax compliance challenges and ensure your business is prepared for any HMRC scrutiny. Contact Apex Accountants today for expert guidance and comprehensive support. 

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