HMRC Taking The Piss and Restricting Access To Helplines

 

Starting December 11 (until 31 January), HMRC will be implementing a new screening process for calls to its self-assessment helpline and Agent Dedicated Line. Only calls deemed "priority" will be answered directly, while others will be directed to online resources or left on hold for an unspecified period. This decision has raised eyebrows and prompted worries about accessibility and customer service.

Proponents of the new approach argue that it aims to streamline the support process, ensuring that only those with pressing concerns receive immediate attention. They claim that this will free up agents to focus on more complex issues, improving overall efficiency.

However, critics of the move cite accessibility concerns. They argue that many taxpayers, particularly those with limited digital literacy or those facing time constraints, may not be able to effectively navigate online resources. Additionally, lengthy hold times could lead to frustration, anxiety, and potential compliance issues.

The temporary closure of the self-assessment phone line this summer further heightened concerns. While HMRC attributed this closure to resource limitations, it reinforced the notion that taxpayers may face barriers in accessing the support they need.

The move to restrict HMRC's helplines raises a critical question: are we moving towards a more efficient and streamlined service, or are we creating a system that alienates and disadvantages taxpayers?

Needless to say this action is not in the best interests of the taxpayers!

Tax does have to be taxing.

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Who Pays Most Tax?

The top 100 taxpayers in the UK collectively paid a staggering £4.6 billion of income and capital gains tax in 2021/22, the equivalent of £46m each

33.3m pay income & Capital gain tax in UK out of a population of 67.33 million - so that's about 50% of the population https://t.co/EFeRq45acP

— CheapAccounting.co.uk (@cheapaccounting) December 4, 2023

Tax does have to be taxing.

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Making Tax Difficult - PAC Lambasts HMRC #MTD

 

HMRC has lost sight of needing to put customers at the heart of changes to the tax system. In a report published today, the Public Accounts Committee (PAC) warns that with the Making Tax Digital (MTD) programme, aiming to make it easier for people to get their tax right, HMRC is increasing the burdens imposed on some taxpayers. The report also finds that, in seeking further investment in MTD, HMRC has not been open enough about the substantial costs that will be imposed on many taxpayers.

The report finds that the design of MTD has not taken sufficient account of the realities facing business taxpayers and agents. While MTD will substantially benefit HMRC by improving its systems, taxpayers will be asked to spend more and do more to comply. Burdens will be increased with Self Assessment taxpayers asked to pay for third party software and file tax returns quarterly. Many stakeholders, including tax experts and software developers, report that up until 2023 HMRC had ignored their advice on MTD.

The report finds that HMRC excluded a total of over £2bn in upfront transitional costs for customers from its 2022 and ’23 business cases for MTD. Business taxpayers could have to pay more than £1.9bn to comply with new arrangements over the first five years, and HMRC has not said how many and which customers will face the highest transitional costs. The PAC is concerned about how much MTD could cost customers, and calls for full transparency on costs and benefits to the public purse and customers in future.

Unacceptably, with £640m of taxpayer’s money spent on MTD as a whole, many questions remain about how it will work for Self Assessment. HMRC has yet to figure out how to make MTD work for important elements such as how the system will support taxpayers with multiple agents, and how it will work for people who share ownership of property.

Widespread and repeated failures in HMRC’s planning, design and delivery of MTD have led to increased costs and several delays to the programme. HMRC expects introducing MTD for VAT and Self Assessment will now cost £1.3bn, a 400% increase in real terms compared to its original estimate of £222 million in 2016 for all three taxes in the programme. HMRC’s poor track record of repeated delays to MTD, and its lack of conviction in its latest timetable, gives the PAC little confidence that it will deliver the rest of MTD on time.

Chair's comments

Dame Meg Hillier MP, Chair of the Public Accounts Committee, said:

“When reporting on proposals for digitalising the tax system, our Committee should not have to be recommending that HMRC start with what taxpayers need – in an ideal world, one would hope this would simply go without saying. But seven years and £640 million into the Making Tax Digital programme, we are concerned HMRC is also succeeding in making tax difficult.

Imposing significant additional burdens on customers in the middle of a cost of living crisis could not be less welcome. HMRC must now look up from what it is doing and research what services customers would actually find most helpful. We are also concerned at the substantial costs to be imposed on many taxpayers. HMRC’s exclusion of billions of pounds of projected costs when seeking investment for the programme is utterly extraordinary, and future transparency on costs and benefits must be non-negotiable.”

Tax does have to be taxing.

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Hunt Promises Resources For HMRC - No Figure Given!

 

Hunt is budgeting for additional £5bn of tax from giving HMRC enough resource to ensure that "everyone pays the tax they owe"

— Robert Peston (@Peston) November 22, 2023

Tax does have to be taxing.

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Furskin Hell!

If you've time to kill whilst waiting for the Autumn Statement, I present the furskin flowchart - HMRC's handy guide to whether clothing with fur has 20% VAT or 0% VAT.

Have fun. pic.twitter.com/AHjcuc6dgY

— Dan Neidle (@DanNeidle) November 22, 2023

Tax does have to be taxing.

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HICBC Eviscerated by Retired Tax Tribunal Judge

Recently retired, and highly respected, tax tribunal judge Richard Thomas isn't given to exaggeration.

He describes the High Income Child Benefit Charge as "the worst tax policy decision of this century". He's scathing about HMRC's handling of the HICBC:https://t.co/aGvEGrEUTd

— Dan Neidle (@DanNeidle) November 20, 2023

Richard Thomas's views on the matter in full here.

My humble views are as follows:

In the grand tapestry of government policies, the High Income Child Benefit Charge (HICBC) stands out as a particularly flawed and ineffective measure. Introduced in 2013, the HICBC was intended to claw back Child Benefit from high-earning households, ostensibly to ensure a fairer distribution of taxpayer funds. However, its implementation has been plagued by administrative complexities, a lack of transparency, and an overall failure to achieve its stated goals. Let's delve into the reasons why the HICBC has fallen short and explore the implications of its failure.

Administrative Complexity: A Bureaucratic Labyrinth

The HICBC's administrative framework is a tangled mess, leaving taxpayers and tax professionals alike bewildered and frustrated. The rules governing the charge are convoluted, with multiple thresholds, exemptions, and calculations that make it challenging to determine liability. This complexity has led to a surge in errors, both by taxpayers and by Her Majesty's Revenue and Customs (HMRC), resulting in a deluge of appeals and penalty charges.

Lack of Transparency: Shrouded in Secrecy

The HICBC operates in a shroud of secrecy, with HMRC providing limited guidance and support to taxpayers. The department's website is a treasure trove of confusing jargon and intricate details, leaving individuals struggling to decipher their obligations. This lack of transparency has fueled mistrust and resentment among taxpayers, who feel unfairly targeted and inadequately informed.

Failure to Achieve Its Goals: Missing the Mark

The HICBC's primary objective was to reduce the overall cost of Child Benefit while ensuring that high-income households contributed their fair share. However, it has failed to achieve either of these goals. The charge has had a negligible impact on reducing Child Benefit expenditure, and many high-income households have found ways to circumvent the charge altogether. As a result, the HICBC has become an ineffective and unfair burden on a select group of taxpayers.

The Ripple Effects of Failure: A Broader Impact

The HICBC's failure has far-reaching consequences beyond its immediate impact on taxpayers. It has eroded public trust in government institutions, fueling perceptions of inefficiency and unfairness. The charge has also created a significant administrative burden for HMRC, diverting resources away from other essential tasks. Moreover, the HICBC has damaged the reputation of the Child Benefit system, which is designed to support families and children.

Conclusion: A Call for Change

The HICBC stands as a testament to the pitfalls of poorly conceived and poorly implemented policies. Its administrative complexity, lack of transparency, and failure to achieve its goals have made it a resounding failure. The government must acknowledge these shortcomings and take decisive action to address them. This may involve simplifying the charge's rules, providing clearer guidance to taxpayers, and exploring alternative methods of achieving its intended objectives. Until such changes are made, the HICBC will remain a flawed and ineffective policy, casting a shadow over the Child Benefit system and public trust in government.

Tax does have to be taxing.

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HMRC's 31 Red Days

 

HMRC suffered a big increase in IT outages during the year 2022/23, with one in three days affected by a significant incident.

This includes 31 “red days” – a classification applied to any day on “which there is a high-priority incident of the highest level and in which there are significant outages impacting HMRC and/or customers”. This compares with just 15 red days recorded during the prior year.

Amber days – which include those with “one or more high-priority incidents, with lesser impact” – also more than doubled, from 40 to 87.

The remaining 247 days were classified green – meaning there were no major tech incidents. This figure fell by more than 60 from the 310 logged as completely outage-free in 2021-22.

The 2022-23 year included a major incident that caused five days of telephone and online service outages, during which about 100,000 calls went unanswered.

All in all pretty appalling, and likely to get worse!

Tax does have to be taxing.

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HMRC's Bed Bug Problem

 

Last summer, in the HMRC office in Ipswich staff started noticing bites on their legs and arms. At first, they thought it was just mosquitoes. But then they started seeing the bed bugs themselves.

HMRC tried to get rid of the bed bugs with chemical treatments and steam cleans. But nothing worked. The bed bugs kept coming back.

Soon, the bed bug problem started to spread to other HMRC offices. Now, there are bed bugs in HMRC offices all over the country.

HMRC has tried everything to get rid of the bed bugs. They've even brought in sniffer dogs. But nothing has worked.

The bed bug problem is causing a lot of problems for HMRC employees. They're getting bitten all the time. They're having to take time off work to go to the doctor. And they're worried about bringing the bed bugs home to their families.

The bed bug problem is also causing problems for HMRC taxpayers. HMRC employees are so worried about the bed bugs that they're not able to focus on their work. This means that HMRC is taking longer to process tax returns and answer taxpayer questions.

Is it possible that the bed bugs have been caused by staff bringing in mattresses and duvets into offices?

Tax does have to be taxing.

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HMRC At Risk From Massive Hack

 

The UK is at risk of a massive security breach that could see bank account details and national insurance numbers leaked because of the government’s failure to upgrade Whitehall’s ageing computer system, The Independent can reveal.

HM Revenue and Customs (HMRC) has sounded the alarm over its “old and ageing IT systems”, sparking warnings from experts that hackers could steal taxpayers’ sensitive data or leave the UK open to the threat of Russian and Chinese hackers.

The risk to the UK’s entire taxation system came as parliament’s Treasury committee prepares to grill HMRC chiefs and board members over the issue, as well as other topics, today.

“This risk is red due to continued reliance on old and ageing IT systems with an increased risk of inability to meet operational needs,” the accounts, signed off by HMRC boss Jim Harra state.

The chair of parliament’s Treasury committee, Conservative MP Harriett Baldwin, said the warning was “concerning” and that she would be demanding answers from HMRC officials.

She told The Independent: 

“It is concerning that our taxation systems, which support our key public services, could potentially be harmed permanently because of out-of-date IT equipment.

I am sure the committee will seek answers on this issue during our regular scrutiny sessions with HMRC.”

By the time HMRC even begins to try to sort this out, the hack will have already occurred!

Tax does have to be taxing.

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Ecclestone Admits Tax Fraud

 

Bernie Ecclestone, the former boss of Formula One, has admitted fraud after failing to declare more than £400m held in a trust in Singapore.

The 92-year-old billionaire did not disclose the trust when asked by tax authorities if he had wealth overseas.

Ecclestone has agreed in a civil settlement to repay £653m to HM Revenues and Customs, the court was told.

He had originally been due to stand trial next month after initially pleading not guilty.

He is due to be sentenced later.

Ecclestone arrived at Southwark Crown Court with his wife Fabiana and spoke only to tell the judge "I plead guilty" and confirm basic details.

He was charged following a tax investigation by HMRC, which said the probe had been "complex and worldwide".

Prosecutors say he declared "only a single trust" to tax authorities, which was established on behalf of his daughter.

According to the charge, he had told HMRC he was "not the settlor nor beneficiary of any trust in or outside the UK".

But Ecclestone was charged when investigators uncovered evidence he stood to gain from the arrangement.

Speaking in court following Ecclestone's guilty plea, prosecutor Richard Wright KC said the defendant had knowingly given an "untrue or misleading" answer to HMRC when he told them he had no further trusts outside the UK.

He continued: "As of July 7 2015, Mr Ecclestone did not know the truth of the position, so was not able to give an answer to the question.

"Mr Ecclestone was not entirely clear on how ownership of the accounts in question were structured.

"He therefore did not know whether it was liable for tax, interest or penalties in relation to amounts passing through the accounts.

"Mr Ecclestone recognises it was wrong to answer the questions he did because it ran the risk that HMRC would not continue to investigate his affairs.

"He now accepts that some tax is due in relation to these matters."

Tax does have to be taxing.

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Did This Leak Come From Within HMRC?

EXCL: HMRC investigating tax affairs of JCB boss Anthony Bamford, one of the Tory party’s biggest donors - another cracking scoop from our @Annaisaac https://t.co/jYZhAAyz24

— Pippa Crerar (@PippaCrerar) September 27, 2023

If this leak has come from within HMRC, it is a very serious breach of confidentiality.

Will HMRC investigate the source?

 
Tax does have to be taxing.

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HMRC Abandons 10 Minute ADL Answering Target

 

 

In a kick ion the teeth to tax agents, HMRC has announced that it will be abandoning its 10-minute answering target on the Agent Dedicated Line (ADL) from 2 October 2023. This means that agents can expect to wait longer to speak to an HMRC advisor.

HMRC has said that the decision to abandon the 10-minute answering target is necessary to "focus on improving the quality of service we offer". However, many agents are concerned that this will lead to even longer waiting times, particularly during busy periods.

The ADL is a dedicated telephone line for accountants and tax agents to contact HMRC. It is designed to provide agents with quick and easy access to support. However, in recent months, there have been reports of long waiting times on the ADL.

Some agents have said that they have had to wait for over an hour to speak to an HMRC advisor. This has made it difficult for them to get the support they need and to provide a good service to their clients.

The decision to abandon the 10-minute answering target is likely to make this situation worse. It is important to note that HMRC does offer a number of other ways to contact them, including online and through the post. However, many agents find that the ADL is the best way to get support for complex or urgent queries.

It is a disgrace that HMRC is abandoning its 10-minute answering target on the ADL. This is a vital service for accountants and tax agents, and it's simply not good enough that HMRC is making it more difficult for them to get support.

This decision is motivated by cost-cutting rather than a genuine desire to improve the quality of service. HMRC has been under a lot of pressure to reduce its spending in recent years, and it seems that the ADL is one of the first services to be cut.

This decision will have a negative impact on taxpayers. If accountants and tax agents are unable to get the support they need from HMRC, it will take them longer to deal with their clients' queries. This will lead to delays in tax refunds and other important services.

Tax does have to be taxing.

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HMRC Wilfully Ignoring Known Money Laundering Operations

I work for HMRC, over 85% of those new vape shops and new barbers that are opening up on every high street in the country are money laundering operations. We know this but we don't have the resource to stop it.

— Fesshole 🧻 (@fesshole) September 1, 2023

Tax does have to be taxing.

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• Attend any meeting with HMRC
• Appeal to the First-tier Tribunal or Upper Tribunal
• Having the security of knowing that fees will be met in full will enable your Accountant (your tax return agent) to defend your position robustly

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ULEZ Is Tax Deductiable

 

Self-employed drivers will be able to claim tax relief on the daily Ultra Low Emission Zone (Ulez) charge.

Workers with non-compliant vehicles can claim if their journey was "exclusively for the purposes of the trade".

Ulez was expanded to include all of London's boroughs on Tuesday.

"This is a shot in the arm for sole traders, whose businesses will be hit by the Ulez charge from today," said Craig Beaumont of the Federation of Small Businesses (FSB).

Those who are self-employed are able to claim tax relief on their travel expenses, including low emission zone charges, through their self assessment tax return.

This type of tax relief does not apply to commutes or non-business travel costs.

In a statement HMRC said: 

"Self Assessment customers are entitled to tax relief on travel expenses, including low emission zone charges, if they have been incurred wholly and exclusively for the purposes of the trade.

"When a self-employed individual claims an allowable expense, the amount is deducted fully from their taxable profits."

I suspect that there will be a rise in the number of self employed people driving in London, and I doubt that HMRC has the will or manpower to investigate this anomaly!

Tax does have to be taxing.

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• Appeal to the First-tier Tribunal or Upper Tribunal
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PCS Rejects HMRC's Pay Offer

 

HMRC has offered its staff pay rises between 4-6% for 2023/24, but those at Executive Officer and Senior Executive Officer/Higher Executive Officer grades will get a smaller consolidated pay increase if they are already close or at the top of their pay range. 

PCS has rejected the offer, and is demanding 10%.

HMRC said it will push ahead with the pay award, which is expected to reach pay packets in October and will be backdated to June.

Tax does have to be taxing.

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• Attend any meeting with HMRC
• Appeal to the First-tier Tribunal or Upper Tribunal
• Having the security of knowing that fees will be met in full will enable your Accountant (your tax return agent) to defend your position robustly

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Mind The Gap!

 

ICAEW’s Tax Faculty wants to get your thoughts on the top priorities for the development of HMRC’s digital services.

HMRC is seeking to promote a channel shift, away from phone and post to digital services. Most agents would prefer to interact digitally with HMRC, but agents do not have access to all the services available to taxpayers. ICAEW and others have pointed out that HMRC’s services are not comprehensive and do not always work well.  

HMRC’s research with agents suggests that the top priorities should be: 

• having a single sign on portal; 
• greater access to client data; and
• having a secure email link to communicate with HMRC. 

Have your say

The Tax Faculty has shared the above information (go to their website to see the details) on the gaps and problems with HMRC and is keen to get your input.  

Do you think the correct gaps and problems been identified? What is missing?  

Standing back from specific cases and the problems with HMRC’s telephone and post services, where do you think HMRC should prioritise its resources when developing digital services that could alleviate those service performance problems in the longer term? 

Please share you feedback with Caroline Miskin.

Tax does have to be taxing.

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A Solar Protect policy will enable your accountant (your tax return agent) to:

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• Attend any meeting with HMRC
• Appeal to the First-tier Tribunal or Upper Tribunal
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HMRC is Broken - Again!

Well done lads!

Tax does have to be taxing.

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HMRC is Drowning!

 

HMRC, is in chaos. Staff numbers have been declining for years, while the demands on the agency have increased. This has led to a situation where taxpayers are struggling to get through to HMRC on the phone, and letters are taking weeks or even months to be answered.

In a recent letter to the Chancellor, leading industry figures warned that HMRC is "drowning" and that taxpayers are "too". They called for an immediate injection of resources to help the tax office get back on track.

In a recent report, the Committee of Public Accounts found that HMRC's response times had "deteriorated significantly" in recent years. In 2021-22, only 39.5% of mail was responded to within 15 days, compared to 70.3% in 2019-20. The average speed of answering calls was also up, from 6:39 minutes in 2019-20 to 12:22 minutes in 2021-22.

The report also found that HMRC's systems were "not fit for purpose". This is leading to problems such as taxpayers being sent incorrect letters, and payments being delayed.

So what's gone wrong at HMRC?

There are a number of factors, but one of the main ones is understaffing. The number of staff at HMRC has fallen by around 20% in the past five years. This is due to a combination of factors, including budget cuts and the retirement of older staff.

Another factor is the increasing complexity of the tax system. The government has introduced a number of new taxes in recent years, which has put a strain on HMRC's resources.

The pandemic has also played a role in the chaos at HMRC. The agency had to deal with a surge in demand for services during the pandemic, while at the same time many staff were working from home.

None if this will be resolved:

- HMRC management is tin eared to the problems of taxpayers

- the government will never get a grip on this until a cabinet position for HMRC is created

- the wide open maul that is MTD will suck in and waste what little resources are left.

Tax does have to be taxing.

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A Solar Protect policy will enable your accountant (your tax return agent) to:

• Deal with any correspondence from HMRC
• Attend any meeting with HMRC
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HMRC is Unreliable - Debra Elizabeth Adjei v The Official Receiver & Anor

 

In the matter of Debra Elizabeth Adjei v The Official Receiver & Anor the court found in favour of Debra Elizabeth Adjei, and annulled the bankruptcy order against her. The petition was also dismissed. The costs issues and the timing of the Trustees in Bankruptcy's release were adjourned to 21 April 2023.

Here is a summary of the case:

• Debra Elizabeth Adjei was bankrupted by HMRC on 27 January 2021.
• Adjei applied to have the bankruptcy order annulled.
• The court heard evidence from Adjei and HMRC.
• The court found in favour of Adjei and annulled the bankruptcy order.
• The petition was also dismissed.
• The costs issues and the timing of the Trustees in Bankruptcy's release were adjourned to 21 April 2023.

ICC Judge Barber said:

"Mr Doyle’s (of HMRC) written evidence also contained statements that were simply untrue. 

Overall, I have come to the conclusion that Mr Doyle’s written evidence is unreliable. It is peppered with inaccuracies and has not been prepared with the candour and care required

."
Fucking disgraceful!

Tax does have to be taxing.

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HMRC's Data Grab

 

HMRC is demanding more data from taxpayers in three key areas: working hours, shareholdings, and dividends. The new requirements, which will come into effect from 2025/26, are designed to help HMRC crack down on tax evasion and avoidance.

Working hours

HMRC is requiring employers to report the number of hours worked by each employee. This information will be used to verify that employees are paying the correct amount of tax.

Shareholdings

HMRC is requiring shareholders to report their shareholdings in all companies, including those that are not UK-registered. This information will be used to track dividends and ensure that they are taxed correctly.

Dividends

HMRC is requiring companies to report the amount of dividends paid to each shareholder. This information will be used to ensure that dividends are taxed correctly and that shareholders are not claiming tax relief that they are not entitled to.

The new data requirements have been met with mixed reactions. Some taxpayers have welcomed the move, arguing that it will help to ensure that everyone pays their fair share of tax. Others have expressed concerns about the privacy implications of the new requirements.

HMRC has said that the new data requirements will be used in a "fair and proportionate" way. The agency has also said that it will take steps to protect the privacy of taxpayers.

Only time will tell how the new data requirements will be implemented and what impact they will have on taxpayers.

What does this mean for you?

If you are a taxpayer, you will need to be aware of the new data requirements and how they will affect you. You may need to provide HMRC with additional information about your working hours, shareholdings, and dividends.

You should also be aware of your privacy rights. HMRC has said that it will take steps to protect the privacy of taxpayers, but you should still be vigilant about your personal information.

Tax does have to be taxing.

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A Solar Protect policy will enable your accountant (your tax return agent) to:

• Deal with any correspondence from HMRC
• Attend any meeting with HMRC
• Appeal to the First-tier Tribunal or Upper Tribunal
• Having the security of knowing that fees will be met in full will enable your Accountant (your tax return agent) to defend your position robustly

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The Charter Is Bollocks!

 

Remember the Taxpayers' Charter?

It seems that it means fuck all to HMRC, if the recent survey of agents is anything to go by!

HMRC has been slammed by tax agents for its poor performance in the latest annual Charter report. The report, which was published on July 18, found that HMRC scored the lowest on the charter standard of "being responsive" with an average score of 2.3 out of 10.

The report also found that HMRC scored poorly on the standards of "making things easy" and "getting things right." Only 45% of agents said they had a positive experience interacting with HMRC, down from 48% in 2021.

The low scores in the Charter report come as no surprise to many tax agents. They have long complained about HMRC's slow and inefficient customer service, as well as its complex and outdated systems.

In a statement, the Association of Tax Technicians (ATT) said that the Charter report "paints a bleak picture of HMRC's customer service." The ATT called on HMRC to "take urgent action" to improve its performance.

The Chartered Institute of Taxation (CIOT) also expressed concern about HMRC's performance. The CIOT said that the Charter report "highlights the need for HMRC to make significant improvements to its customer service."

HMRC has responded to the criticism by saying that it is "committed to providing the best possible service to taxpayers and their agents." The agency said that it is "taking steps to improve its performance" and that it is "listening to the feedback" from taxpayers and agents.

However, it remains to be seen whether HMRC will be able to turn around its performance. HMRC has a long history of poor customer service, and it will take a significant effort to change its culture.

In the meantime, taxpayers and agents are likely to continue to experience the frustration of dealing with HMRC.

Tax does have to be taxing.

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• Attend any meeting with HMRC
• Appeal to the First-tier Tribunal or Upper Tribunal
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Buckland Pushes To Axe IR35

 

As per Sir Robert Buckland (former Lord Chancellor):

The Summer offers an important opportunity for policy development ahead of next year’s General Election and Conservative manifesto.  As the Prime Minister has rightly placed economic growth as one of his five priorities for this year, we need to raise our eyes to the horizon and plan for the Britain of 2029.  The need to offer a way forward for self-employed people and small businesses is clear.

Last year’s Growth Plan has been consigned to political ignominy but, despite its flaws, it did contain some promising and sensible policies.  One such policy was its proposal to “take the complexity out of the tax system” by reforming off-payroll working rules – more commonly – and controversially – known as IR35. 

While nobly intended to tackle tax avoidance by contractors who work as employees, the legislation’s burdensome and complex nature mean it has become something of a Frankenstein’s monster.  The deleterious impact it has had on dynamism, entrepreneurship, jobs, and growth means that there is no better time to slay it once and for all.

One of the most immediate problems with IR35 is the treatment of contractors as “disguised employees” for tax purposes.  This discourages independent professionals from taking on projects and limits their ability to negotiate terms and work arrangements freely.  The resulting lack of flexibility stifles innovation and prevents enterprising individuals from operating in a way that allows them to realise their full potential. 

 A double-edged sword, IR35 places a corresponding administrative and financial burden on businesses that engage with contractors.  Companies are required to assess the employment status of each contractor they hire, often leading to costly investigations and legal disputes.  The ambiguity of the rules makes it difficult for employers to make accurate determinations, strengthening the chokehold they have around businesses.

 The cumulative effect of IR35 is that contract work has become less desirable, with some opting instead for permanent employment or work outside the United Kingdom.  It is often said that diversity is a great strength, and in no context is this truer than in a modern economy like ours.  The drying of the pool caused by IR35 has restricted the ability of British employers to fill crucial skill gaps, while we have lost out on homegrown talent to more competitive economies. 

The reform of IR35 would not just add substance to the Prime Minister’s second priority of growing the economy, it could form a key plank of the Work and Pensions Secretary’s laudable mission of getting the economically inactive back to work.  The scale of the challenge of bringing the once-employed back into the workforce post-Pandemic means the country simply cannot afford the barrier to enterprise that IR35 has become.  Indeed, my role leading a review into how Government policy can boost the employment prospects of autistic people has impressed upon me the importance of empowering those with the ability to work to take the leap and do so.

 With the next General Election fast approaching, another look at the off-payroll working rules would be an act of political expediency.  The onerous regulations hit a natural constituency of the Conservative Party’s hardest, and its support will be crucial for Conservative prospects come next Autumn.  As the Labour Party increasingly positions itself as the party of business, it would be foolish not to review IR35 as part of the party renewing its appeal to natural supporters.

It is time to reshape and rethink regulation surrounding the engagement of contractors, paving the way for a form of taxation that encourages dynamism and flexibility at a time when growth has never been needed more.

Tax does have to be taxing.

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A Solar Protect policy will enable your accountant (your tax return agent) to:

• Deal with any correspondence from HMRC
• Attend any meeting with HMRC
• Appeal to the First-tier Tribunal or Upper Tribunal
• Having the security of knowing that fees will be met in full will enable your Accountant (your tax return agent) to defend your position robustly

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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"