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Reasonable Excuse for Late Tax Return: HMRC Guide + How to Appeal (2025/26)

Published: 2026-03-08 · For UK freelancers and self-employed

If you've received a penalty for filing your self-assessment tax return late, you might be able to get it cancelled — but only if you have what HMRC considers a reasonable excuse.

This guide covers exactly what qualifies, what doesn't, how to appeal step by step, and includes template wording you can adapt.

What is a reasonable excuse?

A reasonable excuse is something unexpected and outside your control that stopped you meeting a tax obligation on time. HMRC looks at whether a prudent person in your position would have been unable to file.

Two key tests:

  1. The excuse must have genuinely prevented you from filing on time
  2. You must have filed as soon as reasonably possible once the excuse no longer applied

Both conditions must be met. If you recovered from illness in November but didn't file until February, HMRC will likely reject your appeal.

Excuses HMRC is likely to accept

✅ Generally accepted reasonable excuses:

Excuses HMRC will almost certainly reject

❌ Not reasonable excuses:

Self-assessment penalty amounts

Understanding what you're appealing against:

How latePenalty
1 day late£100 (even if no tax owed)
3 months late£10/day for up to 90 days (max £900)
6 months late£300 or 5% of tax due (whichever is greater)
12 months late£300 or 5% of tax due (in serious cases, up to 100% of tax due)

For the 2024/25 tax year, the filing deadline was 31 January 2026. If you missed it, the £100 penalty was automatic.

How to appeal: step by step

Step 1: Gather your evidence

Before you appeal, collect supporting documentation:

Step 2: Choose your appeal method

You have three options:

  1. Online — through your Government Gateway account (fastest)
  2. By post — using HMRC form SA370
  3. By phone — call the Self Assessment helpline on 0300 200 3310

Step 3: Submit within 30 days

You have 30 days from the penalty notice date to appeal. If you miss this window, you can still appeal but must explain the delay.

Step 4: Wait for HMRC's decision

HMRC typically responds within 40 days. During this time, penalty collection is normally paused.

Appeal template wording

Adapt this to your situation:

Dear HMRC, I am writing to appeal against the late filing penalty for self-assessment tax return [YOUR UTR NUMBER] for the tax year 2024/25. My reasonable excuse: [Describe what happened — be specific about dates, what prevented you from filing, and why you could not have filed sooner.] When the excuse applied: From [DATE] to [DATE]. Action taken once the excuse ended: I filed my return on [DATE], which was [X days] after I was able to do so. Supporting evidence enclosed: [List documents — e.g., "GP letter dated 15 December 2025 confirming diagnosis and treatment period"] I believe this constitutes a reasonable excuse under paragraph 23(1) of Schedule 55 to the Finance Act 2009. I respectfully request that the penalty be cancelled. Yours faithfully, [YOUR NAME] [YOUR UTR] [YOUR ADDRESS]
⚠️ Important: File your tax return as soon as possible, even before the appeal is decided. The longer you wait, the more penalties accumulate — and HMRC is less likely to accept your excuse if you delay further after the obstacle has passed.

What if HMRC rejects your appeal?

  1. Request a review — ask for a different HMRC officer to look at your case (free, usually within 45 days)
  2. Escalate to tribunal — appeal to the First-tier Tribunal (Tax Chamber) within 30 days of the review decision. This is independent of HMRC and costs nothing to apply.

Statistics show that a significant proportion of tribunal appeals succeed, particularly where the taxpayer has clear evidence and HMRC's original decision was borderline.

Tips to strengthen your appeal

Related guides

📦 Self-Assessment Sorted: The Getting-Paid Toolkit

Templates, letter wording, checklists, and step-by-step guides for handling HMRC penalties, chasing invoices, and keeping your freelance finances on track.

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