I've been having trouble with my accountant lately. They seem to be unable to deal with my business. The latest is they submitted a VAT return on the Friday just gone with a final submission/payment date of the sunday. As a result of not informing me they'd done this, or that it was due, I was 2 days late paying. There have been events before this and as a result I had broached a refund of my fees.

Prior to this recent event I would've been happy with a few hundred quid, but now I feel quite strongly about a full refund as nothing positive or correct seems to have been done for my account, plus I'm now waiting for a penalty to turn up.

Which leads me to my question. Can I accept a refund of any size, without it being a mitigation of responsibility on their part? I understand that to HMRC I am responsible. But would there be a breach of contract for failing to provide a duty of care from the accountant?

Well by the sound of it, my advice as an accountant is to change accountants.

The return was done before the deadline, but presumably they didn't tell you until Monday or Tuesday? Have they ever advised setting up a direct debit. This would make your life much easier as your accountant can do the return up to the deadline date (earlier is preferable...) and the payment is taken automatically 3 days later. When did you give them the information?

If this is your first 'offence' then you will not get a penalty. If this happens again in the next 12 months, you will get a penalty. So you will have technically lost nothing.

In the world of crap accountants, duty of care etc etc doesn't mean a lot. Their professional institute wouldn't get too involved with an issue like this. I would just forget about the refund of costs and move on to be honest.

Where are you based and what do you do?

I'm Stockport way and I do aerospace contracting.

I feel quite strongly on the refund. Should I at least push for one? It's a fair bit of money I've paid.

They'd sent me some figures to approve before submission, I'd okay'd them, then heard nothing. I chased, but didn't get a response til Tuesday. They have offered a direct debit before, but then not bothered (they told me it'd been done)

I know this is a bit stupid on reflection, but this is my first time doing any of this. There is quite a bit more that made me think this was normal.

Thank you for the heads up on the penalty. When I look for a new accountant what do I need to look for?

Cheers TV




Certainly if you feel strongly, push them. They sound lazy. They don't know that you know no financial penalty is due, so push that angle. However you are now on HMRC's system as a defaulter. In this scenario I would ask for a full refund of the cost of the VAT return. One of my staff once submitted a VAT return late and it was our fault. I told the client they wouldn't pay for their returns for a year


If you're a contractor, then that's easy to do over email and phone. It's also an area I specialise in and it's easy to save the client money. It depends whether your current acountants are doing the right things already. You can give me a call on 0121 5591071 and ask for Jonathan Stafford or just PM if you want.

I have to say it's the default part I don't like. I've never missed a payment in my life.

I certainly will be in touch, there's quite a bit I don't fancy discussing on an open forum.

Thank you again to you both

As long as you don't miss another one in the next 12 months you'll be ok.

The most recent return I submitted (quarter ended 30th April, submitted 31st May) was done electronically and I got an email to say the payment would be taken automatically on the 12th June which makes life pretty painless (as long as you have the money in the bank to pay the bill!!).