Draft legislation published for MTD for Income Tax and penalty reform

HMRC has published draft legislation to refine and simplify Making Tax Digital for Income Tax and penalty reform, including deferrals for certain groups and a consultation closing on 16 September 2025.

HM Revenue & Customs published draft legislation on 21 July 2025 to refine and simplify the Making Tax Digital (MTD) for Income Tax and penalty reform regimes1. The measures set out who must join MTD, who is deferred or exempt, and technical changes to the penalty system1.

Under the draft rules, those with a qualifying income of £20,000 or more in the 2026 to 2027 tax year will be required to join MTD from April 20281. MTD users will be required to submit their end of year tax return using MTD-compatible software1.

Certain groups will be deferred from MTD until at least April 2029, including ministers of religion, Lloyd's underwriters, and recipients of Blind Person's Allowance1. Others will be permanently exempt, including individuals with power of attorney and non-UK resident entertainers with no other qualifying income1.

The draft legislation also introduces technical and policy amendments to ensure effective implementation of MTD and penalty reform, including the authority to cancel or reset late submission penalty points and cancel associated financial penalties1.

"These measures refine and simplify the Making Tax Digital (MTD) for Income Tax and penalty reform regimes."
HMRC, Making Tax Digital for Income Tax and penalty reform1

The publication includes draft legislation, draft Income Tax (Digital Obligations) Regulations 2026, and an explanatory note1. Comments can be emailed to makingtaxdigitalconsultations@hmrc.gov.uk by 16 September 20251.

Why it matters for households

The draft rules affect self-employed people and landlords with qualifying income of £20,000 or more in the 2026 to 2027 tax year, who would need to join MTD from April 20281. Once in MTD, they would have to file their end of year tax return through MTD-compatible software rather than through HMRC's existing online service1.

Some people are given more time. Ministers of religion, Lloyd's underwriters, and recipients of Blind Person's Allowance would be deferred from MTD until at least April 20291. Individuals with power of attorney and non-UK resident entertainers with no other qualifying income would be permanently exempt1.

The penalty changes would give HMRC the authority to cancel or reset late submission penalty points and cancel associated financial penalties1. The detail of how penalty points and late payment penalties work is set out in our guide to Making Tax Digital penalty points and late payment penalties.

What happens next

The consultation on the draft legislation closes on 16 September 2025, with comments sent to makingtaxdigitalconsultations@hmrc.gov.uk1. The draft Income Tax (Digital Obligations) Regulations 2026 are among the documents published for comment1. Further detail on income tax and self assessment is available in our tax section.

Sources1 cited
  1. Making Tax Digital for Income Tax and penalty reform - GOV.UK gov.uk