Late VAT returns use a points-based penalty system, while late VAT payments use percentage penalties plus interest. A nil or repayment return can still earn a late-submission point, so file on time even where no VAT is payable.
Late-submission penalty points
Each late VAT return normally generates one point. A £200 penalty arises when the business reaches the threshold for its filing frequency:
| Return frequency | Penalty threshold |
|---|---|
| Annual | 2 points |
| Quarterly | 4 points |
| Monthly | 5 points |
After reaching the threshold, each further late return normally attracts another £200 penalty while the business remains at the threshold.
How points are cleared
Below the threshold, a point normally expires after 24 months where no further late return occurs. At the threshold, points are reset only after:
- meeting all return deadlines for the required compliance period; and
- submitting all returns due in the previous 24 months.
The compliance period is generally 24 months for annual, 12 months for quarterly and 6 months for monthly filers.
Late-payment penalties
For VAT due after the relevant commencement date, the penalty generally builds in stages:
- Days 1–15: no first penalty if paid or a Time to Pay arrangement is agreed by day 15;
- Days 16–30: first penalty based on 2% of the amount outstanding at day 15;
- Day 31: an additional 2% of the amount outstanding at day 30;
- From day 31: a second penalty accrues daily at an annualised 4% rate on the outstanding balance.
Precise calculations depend on payments and Time to Pay dates. Pay as much as possible early to reduce penalties and interest.
Late-payment interest
HMRC charges late-payment interest from the due date until payment, regardless of whether a penalty is charged. The rate is linked to the Bank of England base rate under HMRC’s formula and can change.
Repayment interest
Where HMRC owes VAT, repayment interest can apply after the relevant start date until repayment, subject to exclusions. It is calculated at a lower formula than late-payment interest.
Time to Pay
Contact HMRC before the due date or promptly afterwards. If a Time to Pay arrangement is agreed within the relevant window and maintained, it can prevent or reduce late-payment penalties. Interest usually continues.
Reasonable excuse
A penalty can be appealed where a genuine reasonable excuse prevented compliance and the return or payment was made without unreasonable delay after the excuse ended. HMRC considers the person’s circumstances.
Examples may include serious illness, bereavement, unexpected system failure or disaster. Lack of funds alone is not usually a reasonable excuse unless caused by an unforeseeable event outside the business’s control.
Special reduction
HMRC can reduce penalties for special circumstances beyond ordinary reasonable excuse, but this discretion is narrow. Provide evidence and explain why the statutory result is disproportionate to the unusual facts.
How to appeal
- Check the return period, due date, filing receipt and payment allocation.
- Request a statutory review or appeal within the stated deadline, normally 30 days.
- Explain the facts and timeline.
- Attach evidence such as medical records, outage notices or bank confirmations.
- File and pay outstanding amounts while the appeal is considered where possible.
Common VAT payment errors
- using the wrong VAT registration number as payment reference;
- forgetting that bank holidays do not necessarily extend the deadline;
- Direct Debit not being active for the first return;
- assuming a return was filed because software showed “submitted” without HMRC acceptance;
- netting a repayment from one tax against VAT without HMRC allocation;
- filing a nil return late because no payment was due.
Preventing repeat penalties
- maintain a VAT calendar and backup owner;
- file early and retain the submission receipt;
- reconcile the VAT liability before the due date;
- check Direct Debit and bank limits;
- monitor penalty points in the business tax account;
- contact HMRC before cash-flow problems become overdue debt.
Official guidance
This guide is general information. Penalties depend on exact dates, amounts and filing frequency.