Late filing penalty but refund due?

[Slim]

Hi. I was a couple of weeks late with our online tax return last month. A late filing penalty was applied, of course, but we were due and paid a refund, which exceeded the penalty by over 10:1.

I have looked on Revenue.ie but cannot see whether a penalty is waived where tax has been overpaid. I am reluctant to phone again as I already rang on another aspect, Revenue lady was very helpful, and I am awaiting a notification on MyEnquiries on the other matter.

Anyone know if penalty applies even when a refund is due?

 

[T McGibney]

I am reluctant to phone again as I already rang on another aspect,

Why?

You will need to post more information for anyone to answer your substantive question:

- Was your refund on foot of a tax overpayment or a preliminary or other payment on account?

- Are you a proprietary company director?

 

[Slim]

Why?
Well, I was waiting for a response on my other query, first.

Was your refund on foot of a tax overpayment or a preliminary or other payment on account?
Yes, a combination of preliminary tax paid in excess of actual tax due, plus medical expenses etc.

Are you a proprietary company director?
No, I was a sole trader and a PAYE pensioner for the previous 5 years.

 

[T McGibney]

If your Form 11 recorded a liability after tax credits and PAYE deductions but before preliminary and other payments on account, it's quite possible you could have been charged the surcharge notwithstanding the fact that you were in a net refund position..

If there was a genuine reason for your delay in filing, and you have a previously good record of filing on time, you can request Revenue to waive the surcharge citing both of these grounds.

You should probably do this sooner rather than later, regardless of whether you have another current query in progress.