Market leading insight for tax experts
View online issue

Damning PAC report finds HMRC ‘still failing UK taxpayers’

printer Mail

In its sixth report of the 2015/16 session, entitled HM Revenue & Customs performance in 2014–15, the Public Accounts Committee (PAC) criticised HMRC’s performance last year, saying the number of prosecutions for offshore tax evasion was ‘woefully inadequate’; that HMRC’s failure to

In its sixth report of the 2015/16 session, entitled HM Revenue & Customs performance in 2014–15, the Public Accounts Committee (PAC) criticised HMRC’s performance last year, saying the number of prosecutions for offshore tax evasion was ‘woefully inadequate’; that HMRC’s failure to gather intelligence on losses through aggressive tax avoidance was an obstacle to improving UK tax laws; and that HMRC’s customer service was now considered so bad it could be having ‘an adverse impact on the collection of tax revenues’.

PAC chair Meg Hillier MP said: ‘HMRC must do more to ensure all due tax is paid. The public purse is missing out and taxpayers expect and deserve better. We are deeply disappointed at the low number of prosecutions (i.e. 11) by HMRC for tax evasion. We believe it is important for HMRC to send a clear message to those who seek to evade tax that the penalties will be severe and public. It’s also important that the majority who play by the rules see that those who don't will face the consequences.

‘Tax avoidance also remains a serious concern. Too many avoidance schemes run rings around the taxman, operating legally but gaining advantages never intended by Parliament. If tax law is to be improved, then HMRC must as a priority provide Parliament with comprehensive details of avoidance.

‘HMRC must also rapidly improve its customer service, previously described by the PAC as “abysmal” and now even worse – to the extent it could be considered a genuine threat to tax collection. It beggars belief that, having made disappointing progress on tax evasion and avoidance, the taxman also seems incapable of running a satisfactory service for people trying to pay their fair share.’

In its report, the PAC noted that the Office of Tax Simplification (OTS) had identified 1,140 tax reliefs, whereas HMRC listed ‘about 400’; the report stated HMRC told the PAC that it ‘focuses on the most important tax reliefs, but has not identified which these are’. The PAC reiterated its previous recommendation that HMRC ‘publish and maintain an up-to-date list of tax reliefs using a definition agreed with the OTS that sets out each relief’s purpose and its cost to the exchequer’, before adding: ‘However, HMRC is not prepared to provide a comprehensive list of tax reliefs or to provide a definition of tax reliefs including those designed to encourage behavioural change (tax expenditures). HMRC believes some OTS-listed tax reliefs, such as zero-rating for VAT, are so well-established that they do not merit an evaluation of their costs and objectives. We note that other countries … publish more comprehensive information about tax reliefs and categorise them according to their objectives to enable more effective parliamentary scrutiny and accountability.’

The PAC acknowledged HMRC’s achievements in increasing the amount of tax collected while also reducing its running costs over the last five years, but said it had ‘made little or no progress on a number of important issues’ the PAC had raised before. The previous Committee considered that HMRC’s target of answering 80% of telephone calls within five minutes was ‘woefully inadequate and unambitious’; however, in 2014/15, HMRC responded to just 72.5% of all calls and the PAC found that over the first half of 2015 this had fallen to 50%. Additionally, only 39% of calls were answered within five minutes.

According to the latest HMRC figures, the tax gap stood at £34bn in 2012/13, and showed that tax evasion and tax avoidance constituted £4.1bn (12%) and £3.1bn (9%) respectively of this figure. The PAC noted that the tax gap excluded aggressive tax avoidance schemes which, while found legal in the courts, are contrary to the spirit of the law; and said that it ‘[did] not accept HMRC’s argument that tracking such avoidance activity is impossible’.

Reaction

The CIOT urged HMRC to toughen its resolve to move to a more systemic and consistent way to collect taxes in the long-term. But CIOT president Chris Jones said that while poor service to the public should not be accepted, it did not necessarily follow that this harms HMRC’s ability to collect taxes. ‘Compliance is high and we understand high against appropriate international comparisons  – surely the overall level of tax collected is the test of performance’, he said.

However, Paul Aplin, tax partner at A C Mole & Sons and chairman of the ICAEW Tax Faculty Technical Committee, said: ‘I am relieved that Meg Hillier sees the clear correlation between people’s willingness to pay the right tax and HMRC’s service levels. Now we just need politicians to see what is blindingly obvious to everyone outside Whitehall, which is that HMRC simply cannot provide the levels of service taxpayers rightly expect until adequate funding and resource is devoted to service delivery and training. It is hardly surprising that HMRC is reluctant to commit to levels of service that it plainly has insufficient resource to deliver.’

The Public and Commercial Services (PCS) union agreed with Aplin, saying that HMRC needed ‘a major investment and reversal of years of job cuts to properly tackle tax evasion and help taxpayers’. Since 2010, 11,000 full-time equivalent staff posts have been cut from the department. In her foreword to HMRC’s 2014/15 annual report, chief executive Lin Homer admitted that trying to plug gaps on its phone lines has ‘reduced service levels for customers contacting [HMRC] by post too’.

PCS general secretary Mark Serwotka said: ‘It has been abundantly clear for years that the department has cut too many staff and that services are suffering. The department needs major investment backed by a real political commitment to tackle tax evasion and avoidance as an alternative to more damaging spending cuts.’

The PAC's conclusions and recommendations

In summary, the PAC came to the following conclusions and recommendations:

  1. Conclusion: HMRC does not report on the scale of aggressive tax avoidance, which means Parliament cannot assess whether tax law is working as intended. Recommendation: HMRC should identify and report the value of all tax avoidance schemes, including an estimate of the value of those schemes it has challenged but which have been judged to be legal by the courts, both so that Parliament can see the scale of avoidance and ensure improvements are made to tax law.
  2. Conclusion: The number of tax reliefs continues to grow but the scale and nature of the tax foregone is invisible to Parliament because HMRC refuses either to define them or list them comprehensively. Recommendation: HMRC should define the different types of tax relief, including those it considers to be tax expenditures. It should identify which reliefs it considers require monitoring and evaluation and publish this information to enable Parliament to decide which reliefs may require further scrutiny or legislative change.
  3. Conclusion: HMRC is still failing to provide an acceptable service to customers and could not say  when it would be able to do so. Recommendation: HMRC should identify what impact its poor level of service is having on tax revenues and produce a detailed plan setting out how and when it will provide an acceptable standard of customer service, which should include a clear plan for the efficient management of its change programme and introduction of new IT systems.
  4. Conclusion: HMRC’s performance measures do not cover delivering a consistent level of customer service throughout the year. Recommendation: HMRC should report its performance against measures which reflect all its aims, including providing a consistent level of service and ensuring that accurate and complete advice is provided first-time.
  5. Conclusion: The number of criminal prosecutions for offshore tax evasion is still woefully inadequate. Recommendation: HMRC should strengthen its capability to investigate offshore tax evasion and make tougher the criminal and civil sanctions it can apply; and should make clear that those who persist in their attempts to hide assets offshore will face the threat of prosecution, and in future demonstrate the significance of this threat through its actions.
  6. Conclusion: HMRC’s public reporting of the additional tax revenue it generates from its compliance work (compliance yield) remains unnecessarily complicated and confusing. Recommendation: HMRC should report its compliance yield in much clearer and simpler terms, stating how much cash its compliance activity has recovered each year, alongside its estimates of future revenue and losses prevented, and report the range of uncertainty around its estimates.

For the full PAC report, see www.bit.ly/1Nbg732.

Issue: 1284
Categories: News
EDITOR'S PICKstar
Top