# late payment penalties



## geordief (26 Sep 2011)

Does anyone know how I can calculate these?
It is for the Form-11.
Is it 10% if I am returning 2009 at this stage?
Is that info on the  Revenue.ie  website?


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## ClubMan (26 Sep 2011)

Do the penalties (and interest?) not vary depending on the class of tax (e.g. income, stamp duty, capital gains/acquisitions etc.)? Does _ROS _not calculate this automatically?


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## mandelbrot (26 Sep 2011)

ClubMan said:


> Do the penalties (and interest?) not vary depending on the class of tax (e.g. income, stamp duty, capital gains/acquisitions etc.)? Does _ROS _not calculate this automatically?


 
Firstly, by penalties I presume the OP means the surcharge for late filing of the return itself...

For a 2009 Form 11 , the tax types being returned will be Income Tax / CGT. 

The surcharge applicable at this stage, for an Income Tax or CGT liability only being returned now, will be 10%. 

And yes, ROS should calculate the appropriate surcharge, but I have a feeling OP might be doing it the old fashioned way..!

As for interest, this is charged and collected separately to the issuing of the assessment, and ROS will not calculate it.


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## geordief (26 Sep 2011)

Well when I filled out the form and used the calculate button it did give a figure.
I filed this without payment.

But when I contacted the revenue office by phone   they gave me a different figure.

Putting 2 and 2 together (I couldn't get back to them as they were using the answering machine ) it seems like the figure she gave was a neat 10% above what I thought it was.

But I need to be certain as  time is getting short  and if I could see where the late payment rates were laid out  I could do my own calculation.

By the way I am talking PRSI-SELF.


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## mandelbrot (26 Sep 2011)

geordief said:


> Well when I filled out the form and used the calculate button it did give a figure.
> I filed this without payment.
> 
> But when I contacted the revenue office by phone they gave me a different figure.
> ...


 
Not sure if you saw my previous post, but the SURCHARGE FOR LATE FILING is 5% if filed up to 2 months late (i.e. up to 31st December), and 10% if filed more than 2 months late (i.e. in a different calendar year).

So, if you've only filed for 2009 now, then it'll be a 10% surcharge. I thought ROS would calculate it for you, but maybe I was wrong.

Again, as I said earlier, interest is a different kettle of fish, the Collector general's may come knocking for that, but I'd say it's unlikely in your case as it sounds like small money.


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## mandelbrot (26 Sep 2011)

*http://www.revenue.ie/en/tax/it/leaflets/it10.html*



*What happens if I do not submit my Return on time?*

Failure to submit your tax return by *31 October* after the end of the tax year will result in a surcharge being added to your tax bill for the year. The surcharge is:

5% of the tax up to a maximum of €12,695 where the return is made within 2 months of the return filing date,
10% of the tax up to a maximum of €63,485 where the return is made more than 2 months after the return filing date.


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## geordief (26 Sep 2011)

thanks  everyone
I will add the 10% then.


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## T McGibney (27 Sep 2011)

mandelbrot said:


> So, if you've only filed for 2009 now, then it'll be a 10% surcharge. I thought ROS would calculate it for you, but maybe I was wrong.



ROS doesn't calculate late payment surcharges until the return is filed, when the surcharge appears on the ROS-generated Notice of Assessment.


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## WizardDr (27 Sep 2011)

@geordief - are you self employed / paye / when did you start etc?
(Maybe I missed the detail)


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## Bronte (7 Oct 2011)

geordief said:


> But when I contacted the revenue office by phone they gave me a different figure.
> 
> .


 
You cannot rely on anything you are told over the telephone.  Submit your return, forget about calculating anything and wait and see what revenue sends back to you.  At that stage you can put the figures on here for clarification if you think they are incorrrect in relation to interest and surcharges.


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