HM Revenue & Customs drops insistence that all company directors must submit tax returns
HM Revenue & Customs (HMRC) has dropped its insistence that all company directors must submit tax returns following a series of tribunal rulings.
For several years, HMRC has advised in its guidance on the gov.uk website that company directors should register for Self-Assessment and this has also been part of online tools designed to help individuals determine whether they need to submit a tax return.
However, the requirement is not enshrined in law and has been repeatedly contradicted by tribunal rulings.
HMRC now says directors are not required to file Self-Assessment tax returns if they have been taxed under PAYE and do not need to pay tax on other income.
However, if HMRC issues a notice to file a Self-Assessment tax return, a director must do so, unless a request to HMRC to withdraw the notice is accepted. HMRC is not obliged to withdraw the notice, even if there is no tax to pay.
Guidance on the gov.uk website has now been updated to reflect HMRC’s new position.