
No business wants to receive a penalty for a tax error. But as Making Tax Digital (MTD) changes how you report and record tax, it’s important to understand the risks of getting it wrong. This guide explains each type of penalty and shows you how to avoid them, so you can feel confident using the new system for income tax returns.
MTD requires sole traders and landlords to keep digital records, with penalties for missed deadlines, non-compliance and late payments
HMRC uses a points-based system for late filing
Using compatible software and keeping records up to date helps businesses avoid penalties
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Making Tax Digital for income tax is a new way to report income and expenses. It requires sole traders or landlords with earnings over a certain threshold to keep digital records and use software that sends updates directly to HMRC. It also introduces a new penalty system that focuses on timeliness and accurate digital record-keeping.
The system aims to encourage businesses to be consistent, rather than punish one-off mistakes. HMRC applies penalties when a business:
Fails to follow MTD requirements
Misses a submission deadline
Pays tax late
You need to understand how each penalty works to avoid fines.
HMRC can charge a maximum penalty of up to £3,000 per quarter if a business or landlord doesn’t follow MTD requirements, such as:
Not keeping digital records
Not using compatible software
Not sending quarterly updates to HMRC through compatible software
HMRC can also apply a penalty if a business tries to submit figures manually or uses records that are not kept in a digital format.
MTD uses a points-based system for late filing. One penalty point is given for each missed deadline – whether that’s a quarterly update or the final declaration at the end of the tax year. Missing a deadline does not trigger an immediate fine, though.
For most businesses that report quarterly, the penalty threshold is four points. When a business reaches this threshold, HMRC charges a fixed £200 penalty. Every additional late submission while the business stays at the threshold triggers another £200 penalty.
Points do not reset automatically. To return to zero, a business must meet every submission deadline for 12 months.
HMRC charges late payment penalties based on how long a business takes to pay what it owes. Put simply, the sooner you pay it, the smaller the fine.
A business does not receive a penalty on the due date. Instead, penalties build up in stages (although interest applies from the day the payment becomes overdue).
Here is how the late payment penalty structure works:
| Time after due date | Penalty |
|---|---|
| 0–15 days | No penalty |
| 16–30 days | 3% of the tax outstanding at day 15 |
| 31+ days | 3% of the tax outstanding at day 15 plus 3% of the tax outstanding at day 30 |
| And from day 31 | Additional penalty – daily interest at an annual rate of 10% until the balance is paid |
It might sound scary, but you can avoid most MTD penalties by staying organised and keeping your digital records up to date. Consider following these six simple steps to keep you on the right side of HMRC:
Software that links directly to HMRC makes it easier to record income and expenses, and send updates on time. If you prefer to use a spreadsheet, you need to link it to HMRC via bridging software.
Recording information as you go reduces mistakes and means you’re ready to submit each quarterly update when the time comes.
Most software includes alerts, but adding a personal reminder gives you extra protection against missing a submission date.
A quick sense check helps catch small errors that may cause problems later.
Knowing when your tax payment is due reduces the chance of a late payment penalty.
The sooner you get in touch, the more options you have. Support is available through HMRC at:
MTD for VAT penalties follow the same structure as MTD for income tax. A business must keep digital records and use compatible software to send VAT returns to HMRC.
HMRC can charge penalties when a business does not meet these rules or submits VAT returns outside the MTD requirements.
You can read the full guidance on MTD for VAT from HMRC here.
You can appeal a penalty if you believe HMRC has made a mistake or if you have a reasonable excuse for missing a deadline. To appeal, you must explain what happened and why you couldn’t meet the specific requirement you’re being penalised for.
Reasonable excuses may include:
Serious illness
A technical issue outside your business’s control
Another event that made it impossible to file or pay on time, such as a fire or flood that resulted in a loss of records
HMRC expects you to put things right as soon as you can.
You can appeal through your HMRC online account or by contacting HMRC directly. If HMRC does not agree with the appeal, you can ask for an independent review or take the case to a tribunal.
From 6 April 2026 – Sole traders and landlords with combined self-employment and property income over £50,000 in the 2024/25 tax year must use MTD for income tax
From 6 April 2027 – The threshold drops to £30,000 for the 2025/26 tax year
From 6 April 2028 – The threshold looks set to drop to £20,000 for the 2026/27 tax year, but this hasn’t been finalised
Once you’re in the scope of MTD, you must send quarterly updates of income and expenditure. The standard deadlines are:
6 April – 5 July – Submit by 7 August
6 July – 5 October – Submit by 7 November
6 October – 5 January – Submit by 7 February
6 January – 5 April – Submit by 7 May
You then submit a final declaration — your annual return — by 31 January following the end of the tax year, with payments made as normal on 31 January (and 31 July if you make payments on account).
Review whether your income has exceeded or will exceed the threshold for 2026, 2027 or 2028
Choose and set up MTD-compatible software well in advance
Schedule your quarterly update deadlines in your calendar
Make sure your digital records are ready to go before your start date
MTD uses the same penalty rules for landlords and sole traders. The points system for late filing, the staged penalties for late payment and the rules for keeping digital records all apply in the same way.
HMRC issues penalties after checking whether a deadline has been missed or a payment is overdue. Late filing points appear soon after the missed deadline, while late payment penalties apply based on how many days the tax remains unpaid. Interest starts from the day the payment becomes overdue.
Yes, a business can appeal if it believes HMRC has made a mistake or if it has a reasonable excuse for missing a deadline or payment. You can make an appeal through your HMRC online account or by contacting HMRC directly.
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Kyle is a finance writer specialising in all things related to small and medium enterprises (SMEs). He has over ten years' experience working in financial services.