Businesses affected by Companies House filing issues earlier this year may face an unwelcome surprise. Even if you attempted to file your accounts on time, a system outage could still result in an automatic late filing penalty.
The good news is that Companies House has confirmed businesses can appeal where they can demonstrate that the filing delay was caused by problems with its own systems. Here's what affected companies need to know.
Why have penalties been issued?
Late filing penalties are generated automatically when a company misses its accounts filing deadline.
Under the penalty regime, fines are issued automatically regardless of the reason for the delay. This means businesses that were unable to submit accounts because of technical issues in time will still receive a penalty notice.
Depending on how late the accounts were filed, penalties can range from £150 for private companies filing up to one month late, rising to significantly higher amounts for longer delays. .
Can late filing penalties be appealed?
Simply, yes. Companies House has confirmed that businesses affected by the June filing issues can appeal a penalty if they can provide evidence that the late submission resulted from problems with the filing system. If your appeal is successful, the penalty should be overturned.
Appeals can be submitted through the Government's online process via the Companies House account used to make the filing.
What evidence is required?
The stronger the evidence, the greater the likelihood of a successful appeal.
Useful evidence may include:
- Screenshots showing failed filing attempts
- Email confirmations from Companies House confirming submission attempts
- Rejection notices received during the filing process
- Date and time-stamped correspondence relating to the failed submission
If you attempted to file electronically but were unable to do so, Companies House emails recording the submission attempt and failure may be sufficient evidence.
For businesses that switched to paper filing because of the outage, proof of postage showing when documents were sent may also support an appeal.
Will penalties still need to be paid while the appeal is ongoing?
According to Companies House, submitting an appeal together with supporting evidence should pause demands for payment while the appeal is being considered.
This may provide reassurance for affected businesses, particularly as there is currently no fixed timeframe for appeal decisions.
Why it's important not to ignore a penalty notice
Even if you believe the penalty has been issued unfairly, it's important to act promptly.
Ignoring the notice could result in unnecessary complications, whereas submitting an appeal quickly and providing relevant evidence gives Companies House the information it needs to review your case.
Businesses should also retain copies of all correspondence and supporting documentation until the matter has been resolved.
We’re here to help
Late filing penalties can be frustrating, particularly when delays are caused by circumstances outside your control.
If your business has received a penalty following the recent Companies House filing issues, our company secretarial specialists can help you assess your position, identify the evidence available and support you through the appeals process.