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Reposting this from Naturalisation prospective.

When we bought our home, conveyancing solicitor failed to register our property on time, and myself, spouse and solicitor received penalty assessment notice for late registration from Revenue Scotland, for £107. That was paid and settled to Revnue Scotland by the solicitor on their behalf as it was their fault, so we weren’t involved in that, other than receiving the 2 copies of notice to myself and spouse.

I didn't declare it over ILR application, which is just approved few days. Looking into Naturalisation application and good characher defination changes, they want all sort of penalties to declare, wondering what should I do in this case?

Since I didn't declare in ILR, declare now for Naturalisation? would that be problem for issued ILR as well?

Just worried, wondering do people declare penalites for late self-assessment issued by HMRC. That penalty is similar in some way but different because its property related.

Thanks in advance.

It was paid, and it wasn't your fault. If it was issued in your name you can declare it and explain in a cover note. What kind of penalty was it exactly? You need to declare Fixed Penalty Notices and County Court Judgements, I am not sure if this falls under something that needs to be declared for naturalisation, but you can do if in doubt.

Civil penalties can be given for all kind as issues - as explained already they are not criminal offences, not even for late tax penalties. They are a fact of life, just like paying too little or too much tax at times. If you are evading tax that's a criminal offence and you are likely facing court procedures. I do understand applicants are very nervous bearing in mind the fees but it's easy to overthink.

contorted_svy wrote: ↑

Mon Mar 25, 2024 12:50 pm

It was paid, and it wasn't your fault. If it was issued in your name you can declare it and explain in a cover note. What kind of penalty was it exactly? You need to declare Fixed Penalty Notices and County Court Judgements, I am not sure if this falls under something that needs to be declared for naturalisation, but you can do if in doubt.

So I spoke with Revenue Scotland today and they said its not criminal or civil penalty, its just tax penalty for late registration, it was paid on time so that matter is closed. There is no court involved in that neither any sort of fiscal fines, cauthion, warning etc.

alterhase58 wrote: ↑

Mon Mar 25, 2024 1:05 pm

Civil penalties can be given for all kind as issues - as explained already they are not criminal offences, not even for late tax penalties. They are a fact of life, just like paying too little or too much tax at times. If you are evading tax that's a criminal offence and you are likely facing court procedures. I do understand applicants are very nervous bearing in mind the fees but it's easy to overthink.

You're right, I was on the verge of declaring it for the ILR application, but couldn't place it within conviction and out of court penalties. But reading the AN guidence, I feel that I should say No to convictions but then explain briefly in form of letter and attach penalty along Solicitor's email and transaction reference they provided me, saying its all being settled on their behalf.

But then my mind thinks, leave it as people often don't declare PCN etc.

standrews wrote: ↑

Mon Mar 25, 2024 4:11 pm

contorted_svy wrote: ↑

Mon Mar 25, 2024 12:50 pm

It was paid, and it wasn't your fault. If it was issued in your name you can declare it and explain in a cover note. What kind of penalty was it exactly? You need to declare Fixed Penalty Notices and County Court Judgements, I am not sure if this falls under something that needs to be declared for naturalisation, but you can do if in doubt.

So I spoke with Revenue Scotland today and they said its not criminal or civil penalty, its just tax penalty for late registration, it was paid on time so that matter is closed. There is no court involved in that neither any sort of fiscal fines, cauthion, warning etc.

Should not need to declare it then.