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Section 103: expanding the scope of automated decisions by HMRC?

Hannah Manning, Sophie Lloyd and Laura Jackson (Travers Smith) consider how HMRC may use its new legislative power to automate certain functions.

New legislation in FA 2020 provides that any function capable of being done by an individual HMRC officer may be done by HMRC using a computer or otherwise. In other words HMRC may use automated processes to carry out any of its operations with the same legal effect.

This measure comes at a time of an increasingly visible push from HMRC to meet its vision of a fully digital tax system. In July 2020 HMRC published a report  Building a trusted modern tax administration system which set out how this goal is intended to be achieved over the next ten years.

The first phase is a progressive extension to ‘making tax digital’ (MTD). MTD is the...

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