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Penalty regime for MTD for income tax becomes clearer

Author: ICAEW Insights

Published: 18 Mar 2026

MTD for income tax starts in April - are your clients ready?

From April individuals with combined gross income from sole trades or property over £50,000 must keep digital accounting records and submit quarterly updates to HMRC. 

ICAEW’s Tax Faculty highlights key points from HMRC guidance on the new penalty regime that applies to taxpayers who use Making Tax Digital (MTD) for income tax.

A new penalty regime applies where the taxpayer is late in meeting a filing obligation or paying their tax for:

  • 2024/25 and 2025/26, where the taxpayer has volunteered to use MTD for income tax for that tax year (taxpayer is a volunteer);
  • 2026/27, where the taxpayer is a volunteer or is required to use MTD for income tax for that year (mandated taxpayer); and
  • 2027/28 onwards for all taxpayers who use MTD for income tax or are within self assessment (SA), as announced at the Autumn Budget 2025

No changes apply to interest on late payments, which continues to be charged as normal.

HMRC has published guidance on the new penalty regime for mandated taxpayers and has updated its existing guidance for volunteers. The key points from the guidance are summarised below.

Please note the focus in this article is on mandated taxpayers and volunteers for tax years up to and including 2026/27. 

The current SA penalty regime continues to apply for tax years where the person is not within scope of the new penalty regime. For example, if a taxpayer uses MTD for income tax from April 2026 and the new penalty regime applies to the 2026/27 submissions onwards, the current penalty regime will continue to apply to their 2025/26 SA return even though the deadline for filing that return is 31 January 2027.  

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Late submission penalties

Under the new regime, one penalty point is awarded each time a relevant filing obligation is missed. For volunteers, the end-of-year return is the relevant filing obligation, and for mandated taxpayers it is both the end-of-year return and quarterly updates. 

Taxpayers who meet the points threshold receive a £200 penalty. An additional £200 penalty is charged for each penalty point over the threshold. The threshold is four penalty points for mandated taxpayers and two penalty points for volunteers. 

There are no late submission penalties for quarterly updates under the new regime for 2026/27. However, taxpayers will need to submit their quarterly updates before they can submit their tax return. 

HMRC’s guidance confirms that:

  • taxpayers can only receive one penalty point per deadline. This is relevant where a mandated taxpayer is required to make more than one update each quarter, for example, because they have a sole trade and a property business; and
  • VAT penalty points are separate to penalty points for MTD for income tax.

Penalty points are removed:

  • automatically 24 months after the missed deadline where the person has not reached the threshold; or
  • where the taxpayer meets specific conditions or exceptional circumstances apply. 

Late payment penalties

The deadline for paying any tax owed for the tax year remains 31 January after the end of the tax year. Late payment penalties apply as follows:

Tax year  2024/25   2025/26  2026/27 
MTD for income tax  Volunteer Volunteer Volunteer/mandated
Payment up to 15 days late No penalty No penalty No penalty
Payment 16 to 30 days late No penalty 3% of the tax owed at day 15* 3% of the tax owed at day 15*
Payment 31 days or more late

2% of the tax owed at day 15

Plus 2% of what is still owed at day 30

Plus, an annual rate of 4% per year**

 

3% of the tax owed at day 15

Plus 3% of what is still owed at day 30

Plus, an annual rate of 10% per year**

3% of the tax owed at day 15

Plus 3% of what is still owed at day 30


Plus, an annual rate of 10% per year**

*No penalty if it’s the first year in MTD for income tax.

**This is charged daily on the outstanding amount from day 31 until the tax is paid, or for up to two years.

Late payment penalties do not apply to payments on account. 

Further information

The Tax Faculty

ICAEW's Tax Faculty is recognised internationally as a leading authority and source of expertise on taxation. The faculty is the voice of tax for ICAEW, responsible for all submissions to the tax authorities. Join the Faculty for expert guidance and support enabling you to provide the best advice on tax to your clients or business.

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