Reply to: Just got an ICO begging letter

[ladymuck]

i did the self-assessment honestly

yeah, that's my question, informing them is placing you under the radar? or do they try to help you honestly? has somebody the experience of what you're telling? or are you making a guess?

sorry, but this kinda scheme brings me memories of the tv license and my auntie paying it even when not having a working tv for years because fear. they didn't stop sending the threatening letters even after telling them.

I have registered as exempt previously and then heard nothing from them for a few years until getting a letter in this recent intiative. I decided this time to register and pay the £40 because I felt it was a good marketing thing to add that my company is ICO registered and so takes privacy seriously.

You should expect to receive periodic nudges as, like I mentioned in a previous post, things can change so a nudge to re-evaluate isn't a bad thing.

[biergarten]

If you don't tell them you're exempt, you could be fined up to £4000 for avoiding paying the fee (per https://ico.org.uk/for-organisations...ee/exemptions/).

Surely you did the assessment honestly and to the best of your knowledge so I can't see there being any risk from notifying them of your exemption. The ICO say they may call you to confirm some details and I suspect you'll be invited to register and fork out £40 before you get anywhere near being fined for a misunderstanding...

i did the self-assessment honestly

yeah, that's my question, informing them is placing you under the radar? or do they try to help you honestly? has somebody the experience of what you're telling? or are you making a guess?

sorry, but this kinda scheme brings me memories of the tv license and my auntie paying it even when not having a working tv for years because fear. they didn't stop sending the threatening letters even after telling them.

[ladymuck]

i did the "fee-checker" questionnaire and it looks like I do not need to pay

but i haven't informed them through the "no-fee" form. Will it make any difference in case I was wrong with the self assessment?

If you don't tell them you're exempt, you could be fined up to £4000 for avoiding paying the fee (per https://ico.org.uk/for-organisations...ee/exemptions/).

Surely you did the assessment honestly and to the best of your knowledge so I can't see there being any risk from notifying them of your exemption. The ICO say they may call you to confirm some details and I suspect you'll be invited to register and fork out £40 before you get anywhere near being fined for a misunderstanding...

[biergarten]

i did the "fee-checker" questionnaire and it looks like I do not need to pay

but i haven't informed them through the "no-fee" form. Will it make any difference in case I was wrong with the self assessment?

[ladymuck]

Thanks! I missed that post and my accountant only sent a scan of the front side of the letter.

I'd be having words with my accountant about that if it happened to me. It's not for them to decide what part of a letter is important.

[concord]

Thanks! I missed that post and my accountant only sent a scan of the front side of the letter.

[ladymuck]

If you've determined that the business is exempt, do you need to register that anywhere? Will they send a similar letter in the post every year?

Did you read the previous posts? In the letter (turn it over) they give a link to register your exemption. I would expect a periodic reminder to revalidate because, strangely enough, businesses can and do change over time and your responsibilities will also change over time. Much like you have to periodically tell the pension regulator you're exempt from the auto opt-in thingy.

https://www.contractoruk.com/forums/...ml#post2864172

[concord]

If you've determined that the business is exempt, do you need to register that anywhere? Will they send a similar letter in the post every year?

[SueEllen]

Pay it and stick it in the IR35 evidence folder ;-)

It proves absolutely nothing.

[BlueSharp]

Pay it and stick it in the IR35 evidence folder ;-)

[escapeUK]

I just got one too, thought it was a scam first off. Who else laughed to find the scum in the house of commons exempted themselves from it? So typical of this hell hole country.

Did the self assessment the last question is the important one.

Do you only process personal data for:

• Staff administration (including payroll);
  
  You only hold the personal information of the people you need to for your staff administration.
• accounts or records (ie invoices and payments);
  
  You only hold the personal information of the people you need to for your own accounts and records – for example information about past, existing or present customers or suppliers.
  
  The information is restricted to what is necessary for your accounts and records – for example name, address and credit card details. However, this doesn't include information processed by or obtained from credit reference agencies.
• advertising, marketing and public relations (in connection with your own business activity).
  
  You only hold the personal information of the people you need to for your own advertising, marketing and public relations – for example information about past, existing or present customers or suppliers
  
  The information is restricted to what is necessary for your advertising, marketing and public relations – for example, names, addresses and other identifiers
  
  You only advertise and market your own goods and services

Which I think we can all answer YES to which means exempt.

[ladymuck]

I got one too.

What happens if we just ignore it? Do we really have to go through the rigmarole of filling out self assessment?

Go for it. Tell us how it went for you.

Hard work running a business innit.

I remember when PAYE required a nil return form to be submitted when you didn't have anything to pay in a particular period, and I could never find the bloody thing either.

Some kids have no idea they've been born.

[Lance]

Go for it. Tell us how it went for you.

Hard work running a business innit.

To be fair he can ignore the self-assessment part. That is just an optional guide.
So the direct answer is "yes you can".

It took me longer to find the letter from the pile the wife out it in than it did to complete the exemption form. And the SA form was only a bit longer as I tried lots of options to see what it was asking.

[Lance]

i just received the letter, too. I hold no data, it is stored by my Cloud-based email / storage provider.

that still counts as you storing it....

[northernladuk]

I got one too.

What happens if we just ignore it? Do we really have to go through the rigmarole of filling out self assessment?

Go for it. Tell us how it went for you.

Hard work running a business innit.