Showing posts with label incompetence. Show all posts
Showing posts with label incompetence. Show all posts

Wednesday, 4 June 2025

HMRC’s Blunder: Billing Self-Employed Workers for a Tax That Doesn’t Exist



 
 
In a display of bureaucratic incompetence that would make Kafka blush, HM Revenue & Customs (HMRC) has been caught red-handed billing self-employed workers for a tax that was abolished in April 2024. Class 2 National Insurance (NI) contributions, once a mandatory levy for self-employed individuals earning above £6,725, were scrapped as part of a welcome reform to simplify the tax system. Yet, in a move that defies logic and exposes the agency’s systemic failures, HMRC has continued to demand payments—£179.40, and in some cases, a staggering £358.80—from workers who are now exempt. This is not just an administrative hiccup; it’s a scandal that undermines trust in the UK’s tax authority and leaves self-employed workers footing the bill for HMRC’s negligence.
A Tax That Shouldn’t Exist
Class 2 NI contributions, a flat-rate charge paid by self-employed individuals to qualify for benefits like the state pension, were eliminated for the 2024/25 tax year to ease the financial burden on freelancers, sole traders, and small business owners. The change was widely publicised, with HMRC itself confirming that self-employed individuals with profits above £12,570 would no longer need to pay this levy, while those below the threshold could opt for voluntary contributions. The reform was meant to streamline taxes and give self-employed workers a break after years of navigating a complex system. But instead of delivering on this promise, HMRC has turned a straightforward policy change into a nightmare of erroneous billing and bureaucratic stonewalling.
 
Reports have surfaced of self-employed workers receiving tax bills that include Class 2 NI charges—sometimes doubled to £358.80—despite the abolition. Imagine the frustration: you’re a freelancer already grappling with unpredictable income, only to receive a demand from HMRC for a tax that no longer exists. Worse still, HMRC’s response has been a masterclass in deflection, with some workers instructed to pay the erroneous charges and then apply for a refund using form CA8480 or an online service. This is not a solution; it’s a bureaucratic runaround that places the burden on taxpayers to clean up HMRC’s mess.
A Pattern of Incompetence
This isn’t HMRC’s first rodeo when it comes to mishandling Class 2 NI contributions. In 2022/23, the agency admitted to a “processing error” that led to voluntary Class 2 contributions being wrongly refunded, leaving some workers’ National Insurance records incomplete and their pension entitlements at risk. Fast forward to 2025, and HMRC seems to have learned nothing. The agency’s failure to update its systems to reflect the abolition of Class 2 NI is not a one-off glitch but a symptom of deeper issues: outdated technology, inadequate staff training, and a culture of indifference to the real-world consequences of their errors.
 
The impact on self-employed workers is profound. Many operate on tight margins, and an unexpected bill of £179.40—or double that—can mean the difference between paying rent or falling behind. Forcing workers to pay first and seek refunds later is not only unfair but also financially crippling, especially when HMRC’s refund process can take weeks, if not months. And let’s not ignore the psychological toll: the stress of navigating HMRC’s labyrinthine helplines, where callers are often met with long wait times and unhelpful responses, is enough to make anyone question the agency’s competence.
HMRC’s Deflection and Denial
HMRC’s handling of this fiasco is a case study in how not to manage a crisis. Instead of proactively identifying and correcting the erroneous bills, the agency has shifted the responsibility onto taxpayers. The advice to “pay now, refund later” is an admission of failure, effectively punishing workers for HMRC’s inability to get its house in order. The agency’s National Insurance Contributions office (reachable at 0300 200 3500) has been cited as a point of contact for resolving issues, but good luck getting through to someone who can actually help. Posts on X and reports from tax professionals indicate that HMRC is “still trying to sort it out,” a vague assurance that inspires little confidence.
 
Moreover, HMRC’s silence on the scale of the problem is deafening. How many workers have been wrongly billed? How many have paid without realising the charge was defunct? And why, nearly a year after the abolition, are HMRC’s systems still churning out these errors? The agency’s lack of transparency only fuels suspicion that this is not a minor oversight but a systemic failure affecting thousands.
The Bigger Picture
This blunder comes at a time when trust in HMRC is already fraying. The self-employed, who form the backbone of the UK’s economy, have long complained about the agency’s heavy-handed tactics, from aggressive tax investigations to delays in processing legitimate claims. The Class 2 NI debacle is just the latest in a string of missteps that erode confidence in HMRC’s ability to manage the tax system fairly and efficiently. If the agency can’t implement a simple policy change without causing chaos, how can it be trusted to handle more complex reforms, like the ongoing adjustments to Class 4 NI or the digitisation of tax services?
 
The government’s decision to abolish Class 2 NI was meant to signal support for the self-employed, a group that has faced economic headwinds from Brexit to the cost-of-living crisis. But HMRC’s incompetence has turned this gesture into a hollow promise, leaving workers to bear the cost of its failures. The agency’s inability to adapt its systems to reflect legislative changes raises serious questions about its fitness for purpose in a modern economy.
A Call for Accountability
HMRC must take immediate action to rectify this scandal. First, it should issue an apology to affected workers and publicly disclose the number of erroneous bills sent out. Second, it must proactively refund all incorrect charges without requiring taxpayers to jump through hoops. Third, and most critically, HMRC needs to overhaul its systems to prevent such errors from recurring. This means investing in robust IT infrastructure, improving staff training, and prioritising taxpayer experience over bureaucratic convenience.
 
For self-employed workers caught in this mess, the advice is clear but frustrating: check your tax bills carefully, and if you’ve been charged Class 2 NI contributions for 2024/25, contact HMRC to demand a correction. You may need to apply for a refund using the online service or form CA8480, but don’t let HMRC’s incompetence cost you time and money. And to the government: it’s time to hold HMRC accountable. An agency that bills workers for a tax that doesn’t exist isn’t just incompetent—it’s unfit to serve the public it claims to represent.
In the meantime, self-employed workers deserve better than to be pawns in HMRC’s game of administrative roulette. This fiasco is a stark reminder that when it comes to managing the UK’s tax system, HMRC is not just dropping the ball—it’s throwing it into the wrong court altogether.


Tax does have to be taxing.



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Monday, 18 September 2017

Another Sorry Tale of HMRC Institutional Incompetence and Inefficiency


HMRC have been given a sound, and well deserved kicking!
"1. Well, here we go yet again.

2. I used the phrase “Well, here we go again” with a sense of frustration, bordering on despair, to open my decision in NI v HMRC [2015] UKUT 160 (AAC), a case in which I criticised Her Majesty Revenue and Customs (HMRC) for both its decisionmaking processes and its conduct of appeals in relation to tax credits claims. That phrase has been echoed in other tribunal jurisdictions where HMRC’s conduct has come under similar critical scrutiny: see e.g. Pandey v Revenue and Customs (Income Tax/Corporation Tax: Penalty) [2017] UKFTT 216 (TC).

3. So, yes, in short this is yet another sorry tale of HMRC institutional incompetence and inefficiency which could well have led to injustice, were it not for the persistence of the Appellant.

A summary of Upper Tribunal’s decision 4. I am allowing the Appellant’s appeal to the Upper Tribunal. The First-tier Tribunal (“the FTT”)’s decision involves an error on a point of law. That Tribunal’s decision is set aside. Fortunately I can make the decision that the FTT should have made and do so. Although this is now a supported appeal, I am giving my reasons in some detail as a warning to Tribunals handling tax credit appeals as to what to look out for in other cases......

..I readily admit that the statement in the grant of permission that “regrettably on past experience the fact of the matter is I am not at all confident that all relevant evidence was presented to the Tribunal by HMRC” was ‘economical with the actuality’. The truth was I had no confidence whatsoever that HMRC had complied with its disclosure obligations under rule 24(4)(b) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (SI 2008/2685).....

..Bitter, albeit anecdotal, experience in other appeals makes me conclude it is more likely that HMRC mislaid the documents than the Royal Mail lost them..."

Tax does have to be taxing.

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Wednesday, 28 March 2012

Lin Homer's Banquo's Ghost - The UKBA



My sympathies to Lin Homer (recently appointed CEO of HMRC) who must have thought that she had left the muck and mire of her previous role as CEO of the UK Border Agency (UKBA) behind her.

Unfortunately, for her, the Banquo's ghost of the UKBA is not so easily banished.

The National Audit Office (NAO) has estimated that around one in six of student visas granted (approximately 50,000) went to workers whose intention was to take jobs.

The NAO has also criticised the UK Border Agency for failing to remove from the UK an estimated 160,000 migrants whose visas have expired.

These fresh blows to the "reputation" of the UKBA (and by inference those who ran it - take a bow Lin) come on top of previous revelations about the incompetence of the UKBA (eg the 500,000 passengers who were allowed into Britain on Eurostar trains without checks against the database of known terrorists and criminals).

Margaret Hodge (Chairman of the Public Accounts Committee) is less than impressed, and has stated that she is "shocked" by the report.

This doesn't bode well for Lin Homer, as it is expected that she will be called upon to appear before PAC to explain her role in the UKBA shambles. Given that Ms Hodge already has form wrt HMRC, it is likely that Homer will face quite a grilling.

Can someone please remind me why Homer was appointed to head HMRC?

Tax does have to be taxing.

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TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 2 March 2011

Making It Up As They Go Along



ICAS have put a very well aimed and targeted boot into the "delicates" of HMRC, in respect of HMRC's Impact Assessment of Business Record Checks.

ICAS are of the view that business records checks could cost SMEs at least 10 times more than HMRC's guesstimate, and will impose an absurd administrative burden on SMEs.

In HMRC's fantasy land each visit, averaging half a day, will cost a business £54. However, ICAS has re-costed an average visit using realistic estimates of business disruption and adviser's time and have come up with a total of at least £560 per visit.

ICAS is also somewhat wary of HMRC's fantasy plans to visit 50,000 SMEs each year for four years.

That would be most assuredly bureaucratic bullying overkill, if HMRC really had the resources to do that. Additionally, ICAS is not particularly impressed with the "quality" of some of the people HMRC will be sending into the field and is concerned about the "intransigent attitudes" of these inspectors.

ICAS say:

"..the bases on which these proposals have been presented seem deeply flawed.

Assumptions made by HMRC regarding the incidence of inadequate business records are unsubstantiated by any detail, and estimated costs of the scheme are massively understated. It was not long ago that HMRC were assuring the Administrative Burdens Advisory Board that interventions would be well targeted to reduce red tape for compliant taxpayers, and we fail to understand why this policy has been changed...

HMRC's basic assertion that poor business record keeping is responsible for a loss of tax in up to 2 million SME cases annually seems to be a sweeping generalisation with little credible evidence provided to back it up. We would like to see evidence as to how this statistic has been arrived at, as the validity of the entire consultation document is based on it. Without such evidence, the proposals might appear burdensome and unjustified.

Experience of our members in practice suggests that poor record keeping (where it arises) does not necessarily equate with loss of tax – it can sometimes result in their clients paying too much tax...

We would take issue with HMRC's basic assumption that SMEs with poor records have chosen to have poor records. This is a misconception. Those with the courage and tenacity to embark on new business ventures are forced to battle from the outset against a mass of Government regulation and red tape. Typically they don't go into business because of their record keeping skills...

Anecdotal evidence has caused our members to question the skills and professional judgement of some HMRC representatives checking the business records of their clients. We understand that many of these members of staff have no significant accountancy or tax training. This can cause them to be on the defensive, and in these circumstances it is not unknown for them to adopt intransigent attitudes...
"

As we can see, an unelected inefficient bureaucracy is allowing the excessive powers granted to it by a weak and incompetent political establishment to go to its head; and is attempting to use these powers to bully people and organisations that pay for its very existence.

Tax does have to be taxing.

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What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise

Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Thursday, 29 July 2010

HMRC Owes £3BN


Yesterday's list of certain HMRC email addresses caused a degree of consternation amongst some readers, who expressed concern that "bulk emailing" people would produce no tangible beneficial result.

Were HMRC a well run organisation, with only the occasional blip wrt "customer care", which had effective and efficient means of communication to/from the taxpayer then I would be inclined to agree.

However, it doesn't:

-There is a postal backlog of at least 8 weeks.

-Call centres are overloaded.

-There are no email addresses (or indeed web contact forms) published on the HMRC.

The taxpayer has little option left than to make a "protest", and to show how dissatisfied they are with how their tax communications/problems are being handled.

Bulk mailing that, in effect, "jams up the works" will force those responsible for the mess that HMRC has become to focus their minds a little more on the problems that taxpayers (and indeed HMRC staff) are having.

Sorry folks, the traditional means of communication are failing, the taxpayer needs another method to make his/her voice heard.

On that subject I see that the National Audit Office (NAO) reports that because of the problems with HMRC's new computer system, which combined National Insurance and PAYE payments for the first time, there is a backlog of overpaid taxes of £3BN going back two years.

HMRC are also owed around £1.4BN in unpaid tax.

These problems, according to the NAO, affect around 15 million people.

For good measure the NAO noted that the problems with the new system cost HMRC (or rather cost the taxpayer) an additional £33M.

It seems to me some bulk emailing (polite, not abusive), nothing else has worked, is just what HMRC needs to help focus its attention and to "unbung" its internal blockages.



Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise

Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 28 January 2009

It's Official - HMRC Is Shite

WTF
The Treasury - First Report

Administration and expenditure of the Chancellor's departments, 2007-08

Published January 2009

Indicates that Parliament also believes that HMRC is shite:

"We are disappointed that HRMC took 12 months to replace its Chief Executive, thereby deepening the uncertainty felt by staff members already part way through a far reaching review of HMRC's operations. We recommend that the Government ensure a full permanent senior management team is in place in HMRC as soon as possible..

We believe that having a 'Permanent Secretary for Tax' alongside the Chief Executive and Chairman of HMRC may obscure clear lines of accountability. We recommend that HMRC publish and widely circulate clear information on the respective responsibilities of its senior management team, including responsibility for data management...

It is our view that HMRC's explanation of the basis for the payment to Stuart Cruickshank is wholly inadequate. We are further unconvinced that the £88,125 received by Stuart Cruickshank represents good value for the taxpayer. We recommend that the Government ensure that all departments are adhering to best practice regarding ex-gratia payments...

We note the National Audit Office's assertion that, in order to maximise the benefits of its Transformation Programme, HMRC must convince staff of its benefits. The low levels of morale within the Department are startling with profound potential impacts on both the Transformation Programme and core service delivery. We will continue to monitor the efforts made by senior management to improve matters. We seek an explanation of how Ministers will monitor and report progress...

We are concerned that individuals without access to the internet, notably less well off or elderly taxpayers, may face increased levels of non-filing penalty charges following the revision to the paper filing deadline. We recommend that the Government should publish any analysis available to it of the demographic profile of those facing non-filing fees following the 31 October paper filing deadline. If such evidence is not available to the Government then it should be commissioned as a matter of urgency...

We recommend that HMRC disclose information regarding the financial case for individual office closures in order to allow better public scrutiny of these decisions...

We ask the Government to update the latest progress made by HMRC against Kieran Poynter's recommendations regarding information security...

We are extremely concerned by the level of fraud within HMRC. We will continue to monitor the steps taken to improve controls...

We recommend that the Government ensure the performance against agreed targets by PFI contractors is published within Departmental Annual Reports in order to enable clearer scrutiny of these recipients of public funds...

We recommend that HMRC reviews the contracts with its IT provider in the light of the very serious errors which have recently occurred and seeks financial compensation where appropriate. We regard it as wholly unsatisfactory that people entitled to Child Trust Fund payments should not have received them owing to the poor performance of an IT contractor. We seek assurances that the contracts drawn up with the PFI companies adequately allow for appropriate compensation to the taxpayer in the event of serious performance shortcomings...

We note that the introduction of HMRC's new IT system has been delayed by a year. We accept that postponing the 'go live' date until testing is complete is prudent. HMRC should publish the performance targets for the new system in terms of reduced open cases and other measures so that we may better monitor its effectiveness.
"

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Thursday, 21 August 2008

From Bad To Worse - The Sweet Smell of Bullshit

From Bad To Worse - The Sweet Smell of Bullshit
Congratulations to those running HMRC, for proving that they can make a bad situation worse!

It seems that security breaches at HMRC have risen dramatically since the data discs fiasco.

How the fark can that be?

HMRC and its political masters had promised to improve security, after last year's spectacular loss of 25 child benefit records. However, as we all know, the promises of politicians and bureaucrats are worse than worthless.

HMRC have clocked up a stunning ten security breaches a day since October last year, compared to eight per day the previous year.

The losses include physical theft of computers containing information about members of the public, and mobile phones with private numbers stored in them.

Since October 2007 there have been 1,993 incidents. On the assumption that this "stellar" performance continues, there will be more than 2,700 breaches by this October.

That's an increase of 28%!

Well done lads!

Those of you who are a tad worried about this need have no fear, Treasury Minister Jane Kennedy has an excuse:

"This high level of reporting reflects the increased awareness of staff following the child benefit data loss in October 2007."

Read that again, just to make sure that you fully understand what this daft woman just said.

She is implying that before the theft, HMRC staff hadn't got the wit/brains or practical knowledge to be able to recognise when something (eg a pc or mobile phone) had been stolen; or if they did recognise that something had been stolen, they hadn't the wit/brains or common sense to report the theft.

If it looks like bullshit and smells like bullshit, then the chances are it is bullshit!

I would like to hear what the members of staff of HMRC think about her "excuse", and the real reason that security breaches have increased.

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 30 July 2008

A Series of Fuck Ups

Farking Mess
Accounting Web published this summary of recent fuck ups by HMRC, as witnessed front line by real people trying to work with the mess that is HMRC.

Here is the piece in full:

"VAT – part of the overhaul?

Gavin reports that after HMRC updated the online vat registration yesterday it decided to wipe any un-submitted application as of 22/7/2008. This was confirmed by helpline staff he called this morning.

He says that he "was a bit disappointed as I will have to enter all the data again. There was no warning on the log in screen to the system so I am not sure how I was supposed to know this was happening."

Tax refunds – new system, new delays?

Following HMRC's recent announcement that no tax refunds would be paid unless full bank details are included on the SA return, accountants might have expected that the refund would be forthcoming if all the details were complete. Not so it seems...

Lee reports that if you submit a client's 2007/2008 Tax Return online that shows a refund and the taxpayer is dealt with by the Chapel Wharf Expat team, the tax refund will not automatically be paid to the client's bank account. Apparently a new policy in place for 2007/2008 means that staff are instructed to manually check/issue the tax refund into the clients bank account.

He says that having submitted a client's Tax Return online on 21 July 2008, he questioned how long his client would have to wait and was informed that they are currently up to the end of June submissions. There is already a three week delay and we have not got to the busiest time of the year!

One team member indicated this morning that agents could write to HMRC to complain and gave an address in Bristol (The Repayment Security Team, AASNIU, HMRC, 101 Victoria Street, Bristol, BS1 6BG).

Says Lee: "This quite appalling state of affairs. Agents have not been told and we have angry clients whose money is being loaned to the Chancellor."

Agent authorisation, again

Peter wrote into Any Answers pointing out a range of problems, including

The database the Tax Office uses is different to the database the Online Agent Authorisation system uses.

The letter sent to my clients which has the code doesn't get posted until after HMRC send me a letter warning me that the code is about to expire. HMRC leave post in warehouses for three weeks before sending letters.

When I complained about this to HMRC they said the system works because the client gets the code before it expires! I pointed out to them that their concept of working is different to mine. I have been unable to effectively act for my clients while HMRC leave the letters in a warehouse.

He adds: Does anyone know why HMRC spell Middlesbrough incorrectly on the website? I was told they would correct it about four years ago but it is still wrong.

IT gremlins again: Self Assessment records mixed up

Earlier in the year agents details were mixed up, latest reports indicate that it might be prudent to double check your client SA records. Various members report names and addresses being mixed up.

****

The National Audit Office, in its latest report on HMRC's transformation programme remains remarkably upbeat with HMRC's IT performance.

Accountingweb's IT editor John Stokdyk finds this perplexing: He writes, "Taken at face value, the NAO report makes little allowance for the risks posed to the transformation programme by the stresses and strains already facing the department's current IT systems and change managers."
..."

Bottom line, HMRC is in a farking mess!

Given that the above problems are being experienced by trained accounting professionals, one can only wonder at the problems being experienced by non accountants who don't know/understand the rules or the way round the "system".

Our "beloved" Prime Minister, who cobbled together the Revenue and Customs into the monstrosity known as HMRC is personally responsible for this. The only way out of this mess is for him to be removed from orifice ASAP, and for a complete restructuring (not Brown's badly thought through restructuring) or indeed demerger of HMRC.

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Thursday, 26 June 2008

The Tangled Web - Deplorable Failures

The Tangled Web - Deplorable Failures
What a tangled web we weave, when at first we practice to deceive.

I am sure that those "in charge" of HMRC are wishing that they had remembered the above phrase, before they tried to blame the datagate fiasco (where the personal records of 25 million people were lost by HMRC) on the actions of a junior employee.

I have stated here on several occasions that this was clearly the result of senior management incompetence, rather than the actions of a junior. Two reports issued yesterday confirm that view.

The reports state that the loss was "entirely avoidable", of course it was, and that the loss was due to "serious institutional deficiencies" at HMRC. They went on to blame senior management for not explaining data protection rules to junior staff.

This is the crux of the failings within HMRC, as I keep repeating on this site, that the senior management within HMRC and indeed those within Treasury allegedly "in charge" of HMRC are not up to the job of managing HMRC.

Investigations by the Independent Police Complaints Commission (IPCC) and Keiran Poynter, the chairman of PricewaterhouseCoopers, concluded that there was no evidence of malice or misconduct and blamed systemic failures at HMRC.

The IPCC found "no coherent strategy" for mass data handling. Poynter said that data security was not a "management priority" and morale at HMRC was "low" (rock bottom I would say).

Richard Thomas, the Information Commissioner, said he would serve an enforcement notice on HMRC over its "deplorable failures" on data security, a move which could result in criminal prosecutions unless it improves its record.

The reports contradict what Brown and his lackey, Darling, said at the time about the loss:

"This was ... not about a failure in the procedures as such".

Darling wnet on to say at the time that the decision to send the two discs to the National Audit Office, where they never arrived, was taken "at a junior level".

Lies always come out in the end. How pathetic HMRC senior management and the government now look for trying to blame a junior.

What has happened to the poor sod that they tried to blame? His/her life was probably made hell on earth at the time. If I were in his/her shoes, I would sue the hell out of HMRC and the government for defamation and emotional damage.

That aside, what is clearly required is major culling of the senior management within HMRC; they are not fit for purpose.

Tax does have to be taxing.

The New Statesman, Britain's leading political magazine is delighted to announce that HMRC Is Shite has been nominated for a New Media Award in the category of Campaign For Change. The campaign for change award will go to the individual or organisation that has most effectively influenced opinions and behaviour through the use of new media technology. The winner of this award will champion a cause and provide information and tools to instigate change.

The full press release can be downloaded here.

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 19 March 2008

Internet Villain of The Year

Internet Villain of The Year
In January I wrote that HMRC had been nominated for the award of Internet Villain of The Year.

Her Majesty's Revenue and Customs (HMRC) was nominated for the Villain of the Year award for "failing to take the protection of peoples' personal data seriously and highlighting bad practice in protecting data by losing computer disks containing confidential details of 25 million child benefit recipients."

Guess what?

Yes, that's right, they won!

My heartiest congratulations to HMRC for their well deserved award, made last Friday, of Internet Villain of The Year.

The Internet Services Providers' Association (ISPA), which represents internet service providers across the UK, holds an annual awards ceremony in which it names the "internet hero" and "internet villain" of the year.

This year, Her Majesty's Revenue & Customs (HMRC) won the villain award for managing to lose the personal details of 25 million people.

A well deserved award!

Well done HMRC!

Did they turn up to collect it?

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com) is brought to you by www.kenfrost.com "The Living Brand"

Monday, 17 March 2008

HMRC Guardian Angels

HMRC Guardian AngelsFollowing on from last year's Datagate fiasco, when HM Revenue and Customs (HMRC) lost the personal details of 25 million people, HMRC has recently appointed 37 staff to protect information.

Jane Kennedy, financial secretary to the Treasury, in a written parliamentary answer stated that every one of HMRC's business units now has a data guardian "to strengthen the management of the department's data assets".

She said that 24 of these guardians are based in London, two in Tyne and Wear (where the data was lost) and 11 based in other locations.

Ms Kennedy noted that "guidance was provided on the competencies, experience and knowledge that the role would require".

Adding:

"Support for the HMRC data guardians has included awareness events, written material and access to additional support and guidance of departmental security specialists."

The minister for disabled people and MP for Stirling, Anne McGuire, stated that stronger arrangements are now in place, for discs sent to the National Audit Office.

"Rigorous courier arrangements and a requirement that physical transfers of data must have the specific authority of a member of the senior civil service [are in practice]."

The question arises as to whether this is merely an exercise in window dressing, or a genuine and well thought through plan (proactive rather than reactive) by HMRC to strengthen its internal security procedures.

Are these "Guardians" well qualified IT professionals, or junior civil servants with low level IT qualifications?

The fact that "support" and "training" is being offered to the guardians indicates that they are not that well qualified for the task.

The civil service, given the well publicised disasters re IT (eg failed NHS system, datagate etc) has a well deserved reputation for being less than well endowed with people who have substantial, professional IT, computing and systems experience.

Why do they not make greater use of encrypted mail, and abandon the high risk courier option?

It seems very much that this is a window dressing exercise, designed to show a stable door being closed. Regrettably the horse has long since bolted.

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com) is brought to you by www.kenfrost.com "The Living Brand"

Friday, 14 March 2008

The Taxman Cometh

The Taxman ComethThose of you who missed the Monday night screening of Tonight on ITV, where the incompetence of HMRC was exposed in all its "glory", can catch it again here:

Tonight

One of the cases covered on the programme concerns Matt Matharu, a former cab driver from Kent, who was bankrupted by HMRC because HMRC refused to believe he had paid his taxes.

His problems started after he changed careers in 2000, to become a graphic designer.

Tax was deducted automatically from his salary, but although he told HMRC he was no longer self-employed, last year it sent him a bill for £12,000 based on his previous tax records.

Her Majesty's Revenue &Customs took him to court and, last August, he was officially made bankrupt. A month later HMRC finally admitted that it had made a mistake.

Mr Matharu was then given a revised tax bill.

Can you guess how mauch that was for?

88 pence!

The bankruptcy was overturned last month, but HMRC is still demanding £45 interest on the 88p, and over £2,000 in costs.

Well done lads!

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com) is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 19 February 2008

Big Brother - HMRC's Licence To Bug

Big Brother
Orwell's view of the totalitarian state that monitors our every spoken word, written word and action came closer to reality last week, when our good old friends in HMRC were granted the right to bug our phones and intercept our email if they suspect us of tax fraud.

HMRC, on top of its power to arrest people, can now intercept phone calls, emails and letters, as well as bug residential premises and private vehicles.

HMRC see nothing to be alarmed about, as they calmly state:

"Customs officers have always had these powers because of their criminal investigations into drugs and guns.

Now they will be granted across the board. We could use it purely in tax matters. Tax offences are quite often combined with other forms of criminality
."

HMRC promise that all surveillance will be conducted in compliance with the Regulation of Investigatory Powers Act and the Wilson Doctrine (which we know was brazenly flouted with the revelations that police have been bugging protected conversations between suspects, MPs and their lawyers).

HMRC will also be subject to checks by the Office of Surveillance Commissioners and the Interception of Communication Commissioners Office.

Therefore, why should we be worried by this development?

Here's why you need to be very worried:

1 The Wilson doctrine, as already stated, has been breached.

2 HMRC will not need to seek external authorisation for any of its surveillance activities.

3 HMRC has not drawn up any code of conduct for how it will use its "exciting" new powers.

4 In 2005 explicit assurances were given that the merger of the Inland Revenue and Customs and Excise would not give rise to an alignment of powers. These assurances have been broken.

5 HMRC will act as judge, jury and executioner. Due process, as required for other aspects of law enforcement by other organs of the state, will not be followed.

6 HMRC is massively incompetent (eg datagate, tax credits etc), they cannot be trusted with such powers.

7 There is no evidence to support the need for extending HMRC's already excessive powers.

Am I alone in finding that thought of HMRC being given such powers to be more than a little worrying?

How can we trust the government, or HMRC, not to misuse these new powers?

I would note that they can bug anyone, on the slightest suspicion of tax fraud/evasion. HMRC will be the judge as to what constitutes reasonable "suspicion".

Given that, under Gordon Brown, HMRC is being used as a tool of the state to impose its political will (eg the erosion of the right to avoid paying tax) there is a very clear and present danger to our liberties with this extension of HMRC powers.

Harry Travers, partner at law firm BCL Burton Copeland, is far from impressed. He is quoted on AccountingWeb:

"It seems clear to me that HMRC used the merger to push for greater powers.

There is no evidence that bugging powers are needed in relation to direct tax fraud, and HMRC did not even attempt to provide any
."

I would also remind you that some Customs and Excise prosecutions have collapsed in recent years, due to the abuse by officers of their powers.

The prosecution for Operation Venison, which led to accusations of VAT fraud for five Manchester businessmen three years ago, fell through due to "muddle, incompetence and lack of frankness" said Mr Justice Crane.

Can HMRC be trusted not to misuse these powers?

No, they can't!

Every email, conversation and phone call by anyone can now be listened to by HMRC (ie the state).

This is wrong.

It is now necessary for the public to take a stand against the state, and to ensure that these powers are revoked at the earliest opportunity.

In the short term I recommend that people equip themselves with anti bugging devices, and ensure that their emails are encrypted.

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com) is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 5 February 2008

A Legacy of Failure and Fraud

A Legacy of Failure and FraudWhen Gordon Brown is unceremoniously removed from office, at some unspecified date in the future, his lasting legacy that people will remember him by will be the fraud and errors that besmirch the HMRC tax credit system.

The Commons Public Accounts Committee reports today that fraud and error in the tax credit system is costing the taxpayer £1BN per annum.

Yet it seems that HMRC is standing idly by, and not lifting a finger to try to address the systems failings.

The committee says that, despite repeated criticism of the tax credits, HMRC has not yet put any targets in place to bring the level of fraud down.

Edward Leigh sums up the committee's contempt for HMRC:

"The tax credits situation is as serious as ever. HMRC's attempts to bring the system under any measure of control have so far not been crowned with conspicuous success."

Since 2003 £65BN has been paid in tax credits; of this, £6BN was overpaid in the first three years. At the end of 2007 HMRC had recouped £2BN of the overpayment, but written off £700m. It seems that £1.6BN of the £3.3BN outstanding will not be recovered.

To add to HMRC's catalogue of incompetence, the report notes that an estimated £135M a year has not been collected in income tax from 420,000 small pensions.

Brown must be feeling very proud of himself at the moment!

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com) is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 12 December 2007

The Accident Waiting To Happen

The Accident Waiting To Happen
It should come as no surprise whatsoever to learn that the government was warned, nearly 4 years ago, that the "Datagate" fiasco at HMRC was an accident waiting to happen.

Auditors warned the government in March 2004 about a series of potential dangers in the way that HMRC staff used a database containing 25 million child benefit records.

Specifically the auditors warned that the system was open to fraud.

Did the government or HMRC do anything to address the issues raised by the auditors?

Did they fuck!

HMRC and the government, because of their negligence and incompetence, have jeopardised the personal security of 25 million people for the next 20 years.

The 25 million people affected should sue the government and HMRC, via a class action, for negligence and incompetence.

Despite "Datagate", it seems that the governement still hasn't learnt its lessons from this fiasco:
  • Two computer discs with details of more than 7,000 Northern Ireland motorists have been lost in the post after being sent to the DVLA in Swansea


  • Confidential personal details of dozens of prisoners, including their criminal records, have been delivered to a private company instead of going to Norfolk Police


  • Personal details of 1,800 Merseyside health-authority staff, including their salaries and pension details, have been accidentally sent out to a number of private firms
The government, and its organs of state, cannot be trusted with the private details of its citizens.

The only way to make this government take security of personal data seriously is to make a class action against it, using the HMRC case.
www.hmrcisshite.com is brought to you by www.kenfrost.com "The Living Brand"

Thursday, 6 December 2007

Systemic Failure

Systemic FailureQuell surprise!

David Hartnett, the director general of the HMRC, has admitted that there have been other HMRC blunders that have led to data loss.

You know I wonder why people don't just take a class action against these idiots for negligence and incompetence, as their actions have placed the personal security of millions at risk over the next 20 years.

Hartnett has admitted there have been seven other significant data losses in recent years.

He told the Treasury select committee that there had already been seven instances of data loss, classified internally as "of some significance", since the Inland Revenue and Customs & Excise merged in 2005.

Why are we only hearing about these losses now?

Rather embarrassingly for Chancellor Alistair Darling, these revelations contradict his claims that the recent loss of data was an isolated incident.

Hartnett agreed with committee chairman Michael Fallon when he asked:

"If you have had seven serious security breaches in the two-and-a-half years since you were set up doesn't that indicate systemic failure?"

Among the cases of lost data, admitted to by Hartnett, was the case in Nottingham where "confidential waste" literally fell off the back of a lorry.

In another incident a lap top with the information of 15,000 Standard Life customers on was lost by the HMRC.

In May a number of letters with tax credit information on were sent to wrong addresses.

These are just the cases that HMRC are reluctantly prepared to admit to.

What else is going on that they haven't yet admitted to?

Clearly the HMRC is not fit for purpose.

Paul GrayI would also ask this, if HMRC is not fit for purpose and the head of HMRC has publicly admitted that there has been systemic failure, why is it that Gray (the ex head) is still being paid £200K for doing sweet FA?

A class action is what is need here. Lawyers such as these in the US would be ideal for such an action Milberg Weiss.

www.hmrcisshite.com is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 4 December 2007

The Comeback Kid

The Comeback Kid
Question:

-When is a resignation not really a resignation?

Answer:

-When you are a senior member of the HMRC.

As proven by the very curious case of the recently "resigned" ex head of HM Revenue and Customs, Paul Gray. Gray "fell on his sword" (temporarily it would seem) over the fiasco of the loss of data belonging to 25 million people.

At the time, when Gray "resigned", one could have had a degree of respect for the man for actually taking such prompt and swift action to demonstrate that he took responsibility for this mother of all fuck ups.

Unfortunately any feelings of respect for him have been somewhat short lived, as he has now made a stunning comeback (after only 13 days) on a salary of £200K per annum.

Not bad for someone who put the security of 25 million people at risk for the next 20years.

Gray has taken up a position under Sir Gus O'Donnell, the Cabinet Secretary.

Here's a few more questions:

-What is his new role?

-Something important?

-Something worth £200K per annum?

Well, not exactly.

He is now involved with "special projects to develop civil service skills".

The Civil Service bullshit their way through this "jobs for the boys" appointment as follows:

"..for contractual reasons, he remains a senior civil servant. He will be leaving the civil service at the end of this year.

In the meantime, he has agreed to a request from Cabinet Secretary Sir Gus O'Donnell to undertake a short piece of work on cross-government matters until Christmas.

When he resigned with immediate effect, Paul Gray's period of notice meant that he would be paid until the end of the year.

As a result, he could receive payment for no work, or receive payment for doing some work.

It was thought to be better in the public interest that he did some work. There is no additional cost to the public purse. He will leave the payroll on 31 December
."

Now that bullshit above might be plausible to those people, such as those in the civil service, who have no experience of the real world. However, those of us who have experience of the real world can use a simple but effective accounting term to describe the above reasoning.

It is bollocks!

It would be very easy to argue, were it to be taken to court, that Gray resigned because of gross incompetence and negligence. After all, if the loss of data belonging to 25 million people isn't incompetent then what is?

Were he not to have resigned he would have been sacked.

Those lower down the pecking order in the HMRC would most certainly not have been treated so well.

Based on the above, he most certainly is not deserving of remaining under contract.

In the private sector, when senior staff are sacked (for restructuring reasons, rather than incompetence) they often re-emerge as "consultants" on a higher level of pay. The nature of the reported figures means that the headcount of full time staff will appear to have fallen, even though the reality is different.

The government, Gordon Brown and Gray's chums haven't got that nice fig leaf to hide his reappointment.

One must therefore ask, what does he know that the government and his ex boss Gordon Brown are so afraid of that they are willing to taken the flack for this most absurd public appointment?

There are some very large skeletons in the HMRC cupboard just waiting to come out.

Mark my words!

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Friday, 30 November 2007

What a Shambles!

Poor old HMRC, they really can't quite get the hang of addressing an envelope properly.

I guess what with the strain of losing data discs on a regular basis, they can't quite focus their minds on more mundane activities such as envelope addressing.

The Oxford mail reports that the good old boys in HMRC sent Ron Leaver and Tracey Giles a number of letters over a period of months.

So far so good.

Unfortunately, the letters contained child benefit and national insurance numbers meant for other people.

Mr Leaver, from Merton near Bicester, received over a dozen letters that were in fact meant to go to Buckinghamshire County Council.

The letters contained a veritable smorgasbord of names and NI numbers of former council employees, one even contained a cheque for £2,000.

HMRC had managed to delude themselves that the local authority, whose headquarters are in Aylesbury, was in fact based 18 miles away at a private house in a small Oxfordshire village.

Mr Leaver needless to say did point out the mistake to the ever alert HMRC, yet HMRC continued to send him the letters.

He is quoted in the Oxford Mail:

"I'm disgusted with the situation. No one has been able to tell me why they did this.

If it's happening to me is it happening to other people?

It's an absolute shambles
."

Needless to say if it happens to one person, as sure as eggs are eggs, it will happen to another. Tracey Giles, from Hempton, found this out for herself. She was sent a letter meant for a Tracey Mason.

The letter was an apology for losing the data discs, and of course contained the NI and child benefit numbers of the intended recipient.

Ms Giles is now worried, not unreasonably, that someone else has her details thanks to the mind numbing incompetence of HMRC.

An HMRC spokesman said:

"We apologise for any inconvenience caused. We are currently writing to over seven million child benefit claimants. Letters are still being sent, so people shouldn't worry if they haven't yet received an apology."

Here is a free piece of advice to HMRC, the sending of the apology letters (as pointed out earlier on this site) is a major security blunder. Given that all of the letters have not yet been sent, HMRC should stop sending any more now.

Now that they have been publicly told that the apology letters represent a major security risk, not to stop sending them is criminally negligent.

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Thursday, 29 November 2007

Fuckwits

Congratulations to the HMRC for proving that despite things being farking awful last week, it is more than capable of making things worse.

In a rush to cover backsides, and to look contrite, HMRC sent millions of apology letters to those who had their personal details placed at risk as a result of the HMRC disc blunder.

Unfortunately this act of contrition exposed the hapless victims of HMRC incompetence to even greater risk of fraud and id theft:
  • The postal system is notoriously open to abuse and theft (over a million letters are lost everyday)


  • The apology letters contained the details on the missing discs. Thereby giving the criminals another bite of the apple


  • The letters which contain names, National Insurance and child benefit numbers are being delivered to the last known addresses of the recipients.

    It doesn't take a genius to realise that some of the millions of people sent these letters may have moved (1 in 10 people move each year). Therefore many of the letters containing these private details are being delivered to the wrong people.

    Oh, but that's alright, HMRC are blaming the taxpayers who have moved for not keeping HMRC up to date with their moves
Hardly a stellar performance from the HMRC.

Have the people in HMRC never been trained in the basics of security, fraud and id theft prevention?

Needless to say this latest screw up has brought more problems down on the heads of those claiming to run the HMRC. The Information Commissioner will now investigate this latest security lapse.

The Information Commissioner is now pursuing three inquiries into breaches of confidentiality by HMRC.

It would seem that the people running HMRC, and indeed the government itself, has little clue about the concept of security and id theft; this is the same government that wants to impose a national id card scheme on an unwilling population.

Those who don't receive a letter of apology are being asked to ring an HMRC helpline.

Congratulations to the HMRC for making matters worse and exposing 25 million people to the threat of fraud and id theft twice in two weeks, a double whammy.

Fuckwits!

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Tuesday, 27 November 2007

The Vengeful HMRC

Members of the House of Lords vent their spleens against HMRC in The Times:

Sir,

Comment on the fiasco of the missing discs has concentrated on the sheer incompetence of those involved. Little attention has been paid to the doubtful legality of what Her Majesty’s Revenue and Customs sought to do.

The discs contained highly confidential information on 25 million people. HMRC had no right whatever to supply such information to a third party except in response to a request from a body with a statutory power to demand it. It may be assumed that the National Audit Office has such a power; but it did not ask for the banking and other details that HMRC included in the information it tried (unsuccessfully) to supply.

It would be interesting to know what possible justification the department had for attempting to supply confidential information for which it was not asked. The cost of excluding such information cannot possibly be a sufficient excuse.

Lord Millett
House of Lords

Sir,

I agree with Libby Purves (“They hate you. And in the end R&C will get you”, Nov 23). In common with quite a number of people, the compilation of my tax return is a complex exercise and I have to employ a professional adviser. Six years ago it sent me a refund cheque for £138,512.48 which, although a very pleasant surprise, was totally wrong. I subsequently learnt that to send a refund cheque of such magnitude required the approval of several people.

I wrote to the Chairman of Inland Revenue returning the cheque, and in my letter made a comment which proved to be extremely accurate. I said: “What concerns me in this issue is that if I, or indeed, any other taxpayer, had made a fraction of the errors which the Revenue has made, then I would be rapidly pursued and taken to task in no uncertain way for such an error.” David Hartnett, who has now taken over as acting chairman of HMRC, said: “I am very sorry that we have compounded our earlier errors by incorrectly sending you such a very large cheque.”

I made an error myself in a recent tax return. My “case owner” pointed out the omission to my adviser, so the likelihood of it not coming to HMRC’s attention was nil. I immediately apologised, paid the outstanding tax by return and acknowledged that I would be liable to an interest charge. I thought this would be an end to the matter, but I received a letter which inferred that my case owner thought that what I had said might be a pretty tall story, but if I confessed and agreed to pay a penalty as well as the outstanding tax and interest, the taxman might let me off lightly.

HMRC can make mistakes, no matter how large or crass. But we, the despised “customers” (do they still use that term?), are, in the words of Libby Purves, all “on the fiddle”.

I spent six years as a Permanent Secretary, and developed an enormous respect for the Civil Service, but for some reason the Inland Revenue, now HMRC, does not believe that it is the servant of the taxpayer, but rather its master. Perhaps, just perhaps, this most recent blunder will make it realise that the customer, too, should be permitted to make the occasional mistake. (HMRC has now accepted my explanation.)

Lord Levene of Portsoken
House of Lords