Recommendations & Conclusions
17 items
2
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
HMRC does not understand the reasons for the growth in the cost of research and development tax reliefs including how much is due to abuse. The cost of research and development (R&D) tax reliefs has grown by 240% over the last four years, with claims exceeding forecasts. Over this period …
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HMRC does not understand the reasons for the growth in the cost of research and development tax reliefs including how much is due to abuse. The cost of research and development (R&D) tax reliefs has grown by 240% over the last four years, with claims exceeding forecasts. Over this period R&D expenditure used to claim reliefs has grown at a much faster rate than UK R&D expenditure reported by the Office for National Statistics. HMRC does not know why the cost of R&D tax reliefs has grown so much. Research and development reliefs are complex and open up opportunities for abuse. HMRC estimates error and fraud was £336 million in 2020–21, up £25 million from 2019–20. The C&AG considered the level of error and fraud estimated by HMRC to be material and qualified his regularity opinion in 2020–21 for the second year in a row. However, the actual level of error and fraud could be much bigger as HMRC’s estimates involve a considerable amount of judgement. HMRC needs a better understanding of the nature of error and fraud in R&D tax reliefs. It is planning to examine a random sample of claims to improve its 6 HMRC Performance in 2020–21 estimates of error and fraud and has increased the compliance resources it uses to check R&D relief claims. The government is planning to make changes to the reliefs with the aim of improving how they are targeted and protected from abuse. Recommendation: HMRC should, in its Treasury Minute response, set down: • how it will improve its understanding of the cost of research and development tax reliefs; and • the reduction in the level of error and fraud it is seeking together with how and when that will happen. This should include clear milestones for this Committee to monitor.
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Government response AI summary
HMRC is carrying out further analysis to understand the reasons for the growing cost of R&D tax relief, working with ONS to understand expenditure differences, and the R&D Mandatory Random Enquiry Programme (MREP) will provide a more robust estimate.
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HM Treasury
4
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
Resource constraints are limiting HMRC’s ability to get the optimum level of compliance yield. Compliance yield represents the additional revenues that HMRC considers it has generated and the revenue losses it has prevented through its enforcement and compliance activities. HMRC spent around £1.5 billion on such activities in 2020–21 and …
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Resource constraints are limiting HMRC’s ability to get the optimum level of compliance yield. Compliance yield represents the additional revenues that HMRC considers it has generated and the revenue losses it has prevented through its enforcement and compliance activities. HMRC spent around £1.5 billion on such activities in 2020–21 and generated a yield of £30.4 billion. HMRC’s data indicate that it would increase this yield if it spent more on compliance, particularly if it increased its activities to ensure large business complied with their tax obligations. On average HMRC generates £17 of compliance yield for each £1 it spends, with returns from its large business activity at £60 to £1. HMRC told us that marginal rates of return from additional compliance resources would be lower than average rates. It also said it constantly adjusts the resource it applies to different areas of its business, based on both expected yield and risks that need to be managed. We understand from HMRC’s evidence that the 2021 Spending Review gave it an HMRC Performance in 2020–21 7 additional £180 million over three years for “spend to raise”, of which £90 million is to come in 2024–25. The additional funding in 2024–25 is equivalent to 2% of HMRC’s total running costs in 2020–21. Recommendation: HMRC should, in its Treasury Minute response, set out: • its analysis, including the costs and benefits, in determining the overall size of its compliance programme; and • an assessment of the extent to which additional spending would lead to any further increase in tax revenue.
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Government response AI summary
HMRC is funded to reduce the tax gap and constantly adjusts resource allocation based on expected yield and risks. The 2021 Spending Review gave it an additional £180 million over three years for "spend to raise".
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HM Treasury
5
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
It is too easy for taxpayers to be unwittingly lured into tax avoidance schemes. HMRC introduced the loan charge in 2019 to recoup tax from people who used ‘disguised remuneration’ schemes to avoid tax. The imposition of the loan charge on taxpayers who were unknowingly sold an unlawful scheme by …
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It is too easy for taxpayers to be unwittingly lured into tax avoidance schemes. HMRC introduced the loan charge in 2019 to recoup tax from people who used ‘disguised remuneration’ schemes to avoid tax. The imposition of the loan charge on taxpayers who were unknowingly sold an unlawful scheme by unscrupulous tax agents has led to some being financially damaged. HMRC’s strategy for tackling tax avoidance is two-pronged. It wants to reduce the supply of, and demand for, avoidance schemes. It said there are now 20 to 30 unscrupulous promoters of tax avoidance schemes, most of which relate to employment taxes. These promoters are mainly based outside the UK and have complex organisational structures which make them more difficult to investigate. However, HMRC considers it has sufficient powers to tackle promoters of avoidance schemes. On the demand side, HMRC is trying a new approach to identify and alert users of avoidance schemes and offer them help to get out. We welcome this change in approach, and HMRC should develop it by helping taxpayers not to enter into the schemes in the first place. Recommendation: To reduce the risk of taxpayers getting involved in tax avoidance schemes, HMRC should, in its Treasury Minute response, set down how it will make it easier for taxpayers to identify illegal schemes and the unscrupulous tax agents who promote them.
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Government response AI summary
HMRC will continue to build on its strategy to raise awareness and help taxpayers steer clear of avoidance through targeted communications, early interventions, and work with professional bodies. New powers introduced in Finance Act 2022 enable HMRC to name promoters and schemes early.
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HM Treasury
6
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
Yet again customer service has collapsed and HMRC’s recovery plans are not clear. For over a decade this Committee has repeatedly reported on HMRC’s inadequate levels of customer service. Following an examination by this Committee in 2016, HMRC’s customer service improved, but since 2017–18 it has been declining. The decline …
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Yet again customer service has collapsed and HMRC’s recovery plans are not clear. For over a decade this Committee has repeatedly reported on HMRC’s inadequate levels of customer service. Following an examination by this Committee in 2016, HMRC’s customer service improved, but since 2017–18 it has been declining. The decline in performance accelerated in 2020–21 as HMRC diverted resources to its COVID-19 response and UK’s transition from the EU. HMRC told us that its call handling performance had improved in 2021–22, but there were still long delays in responding to correspondence. Since HMRC was established in 2005, its staffing levels have reduced by around 40%. HMRC told us that its customer service resources had been reducing over time and that it was resourced to give a “decent” rather than a “brilliant” service. HMRC’s strategy for customer service is to discourage the type of calls that do not change people’s tax outcomes or move such calls online. We are concerned whether this strategy is deliverable. As the Committee reported in 2016, HMRC tried a similar approach before, but it was overly optimistic about reductions in calls, with service levels collapsing when it cut staffing. HMRC is not publicly reporting call handling speeds for 2021–22 and has not a set a target for its correspondence response time measure. We will continue to scrutinise HMRC’s response times until confident that HMRC is sustaining acceptable service levels. 8 HMRC Performance in 2020–21 Recommendation: HMRC should, in its Treasury Minute response, explain: • the service levels it is aiming to provide and by when, including for the time taken to answer calls and respond to post, and commit to publishing outturn against these measures; • how it has tested the realism of its customer service plans; and • its contingency plans if the numbers of taxpayers writing and calling exceed forecast levels.
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Government response AI summary
HMRC will explain the service levels it is aiming to provide and by when, including for the time taken to answer calls and respond to post, and commit to publishing outturn against these measures; this information will be presented in the Department’s Outcome Delivery Plan, …
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HM Treasury
10
Conclusion
Thirty-Seventh Report - HMRC Performanc…
Accepted
HMRC is responsible for administering Corporation Tax research and development (R&D) reliefs, which support companies that work on innovative projects. There is a scheme for small and medium-sized enterprises, and a research and development expenditure credit scheme, mainly for larger companies. Both schemes are complex and open up opportunities for …
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HMRC is responsible for administering Corporation Tax research and development (R&D) reliefs, which support companies that work on innovative projects. There is a scheme for small and medium-sized enterprises, and a research and development expenditure credit scheme, mainly for larger companies. Both schemes are complex and open up opportunities for abuse.23
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Government response AI summary
HMRC is carrying out further analysis to understand the reasons for the growing cost of Research & Development (R&D) tax relief and is working with the Office for National Statistics (ONS) to better understand expenditure. A Mandatory Random Enquiry Programme (MREP) will provide a more …
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HM Treasury
13
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
HMRC estimates that error and fraud in R&D tax reliefs was £336 million in 2020– 21, or 3.6% of related expenditure (2019–20 – £311 million or 3.6% of related expenditure). The C&AG considers the level of error and fraud estimated by HMRC to be material and qualified his regularity opinion …
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HMRC estimates that error and fraud in R&D tax reliefs was £336 million in 2020– 21, or 3.6% of related expenditure (2019–20 – £311 million or 3.6% of related expenditure). The C&AG considers the level of error and fraud estimated by HMRC to be material and qualified his regularity opinion in 2020–21 as he had first done in 2019–20. The actual level of error and fraud could be much higher as HMRC’s estimates involve judgements and assumptions.25
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Government response AI summary
HMRC is designing and implementing a package of R&D reform measures announced at Autumn Budget 2021 aimed at tackling abuse and improving compliance by April 2023, including introducing a cross-cutting team of c50 FTE focused on abuse in partnership with HMRC’s Fraud Investigation Service, requiring …
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HM Treasury
15
Conclusion
Thirty-Seventh Report - HMRC Performanc…
Accepted
Given the uncertainties in HMRC’s current estimates of error and fraud in R&D relief claims, we asked HMRC what it was doing to improve its estimates. It told us that it was planning a random enquiry programme for R&D claims which will inform its estimate. We expressed our concerns that …
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Given the uncertainties in HMRC’s current estimates of error and fraud in R&D relief claims, we asked HMRC what it was doing to improve its estimates. It told us that it was planning a random enquiry programme for R&D claims which will inform its estimate. We expressed our concerns that HMRC was not on top of the abuse problem. HMRC said that it had increased the resources it deployed on R&D compliance. Referring to Budget 2021 and a November 2021 HM Treasury report on R&D tax reliefs published 24 HMRC, National statistics, Research and Development Tax Credits Statistics: Updated 30 September 2021, section 10 and HM Treasury, R&D Tax Reliefs – Report, November 2021, para 1.6 25 C&AG’s Report, 4.32, 4.34–4.35, 4.37 26 Qq 133–135 HMRC Performance in 2020–21 13 the day before our evidence session, HMRC said that it had been advising Ministers about the extent to which it could control abuse operationally through its compliance response, and whether policy changes may be required to R&D reliefs. HM Treasury’s report set out the government’s plans to target abuse of R&D reliefs and improve compliance.27 Tax compliance
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Government response AI summary
HMRC is designing and implementing R&D reform measures aimed at tackling abuse and improving compliance by April 2023, including a cross-cutting team, digital claims with senior officer endorsement, customer education, and enhanced risk profiling. The Mandatory Random Enquiry Programme results will inform these activities.
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HM Treasury
16
Conclusion
Thirty-Seventh Report - HMRC Performanc…
Accepted
HMRC estimated that compliance yield from its tax compliance activities in 2020– 21 was £30.4 billion. Yield was down 18% from the £36.9 billion HMRC generated in 2019–20. HMRC has reported the reduction reflected higher than usual performance in 2019–20 and lower than usual performance in 2020–21. In 2019–20, HMRC’s …
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HMRC estimated that compliance yield from its tax compliance activities in 2020– 21 was £30.4 billion. Yield was down 18% from the £36.9 billion HMRC generated in 2019–20. HMRC has reported the reduction reflected higher than usual performance in 2019–20 and lower than usual performance in 2020–21. In 2019–20, HMRC’s performance was boosted by a small number of large, one-off successful litigations cases. In 2020–21, HMRC’s compliance activity and yield were affected by pandemic restrictions and HMRC redeploying an average of 6% of its compliance staff to its COVID-19 response. HMRC also took a sympathetic approach to those struggling to pay their tax in 2020–21, only opening an enquiry into those affected by the pandemic if it thought the customer could engage. HMRC opened 29% fewer civil compliance cases in 2020–21 than in 2019–20 (256,000 compared with 361,000) and closed 26% fewer cases (250,000 compared with 338,000).28
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Government response AI summary
The government outlines specific steps HMRC is taking to address reduced compliance, including resolving deferred interventions, recruiting an additional 4200 full-time equivalent staff for 2021-22, and focusing on maintaining the tax gap and sustained compliance in 2022-23.
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HM Treasury
17
Conclusion
Thirty-Seventh Report - HMRC Performanc…
Accepted
We asked HMRC whether it was going to return to the cases it had not taken forward during 2020–21. It told us that, by and large, the action it took in 2020–21 would defer its ability to correct any non-compliance and recover tax, and it would not involve a significant …
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We asked HMRC whether it was going to return to the cases it had not taken forward during 2020–21. It told us that, by and large, the action it took in 2020–21 would defer its ability to correct any non-compliance and recover tax, and it would not involve a significant loss of revenue as tax legislation enables it to go back to earlier years if HMRC finds non-compliance. HMRC said it was now picking up new cases and restarting the cases that it had put on hold. HMRC said compliance yield will continue to be depressed in 2021–22, but by 2022–23 it hoped that it would have normal volumes of work, would be pursuing normal timelines for clearing cases, and compliance yield would be back on “an even keel”.29
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Government response AI summary
HMRC stated it is already actively working, or has resolved, the vast majority of compliance interventions where action was deferred to support customers during the pandemic, and that it has recruited a further 4200 FTE in 2021-22 who will complete their training in 2022-23.
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HM Treasury
22
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
HMRC told us the nature of tax avoidance has changed. It said the bulk of avoidance schemes now relate to employment taxes and are not targeted at affluent people but middle-income earners, some of whom knowingly enter avoidance schemes and others who unwittingly get involved.39 In 2019, HMRC introduced the …
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HMRC told us the nature of tax avoidance has changed. It said the bulk of avoidance schemes now relate to employment taxes and are not targeted at affluent people but middle-income earners, some of whom knowingly enter avoidance schemes and others who unwittingly get involved.39 In 2019, HMRC introduced the loan charge to recoup tax from people who had used ‘disguised remuneration’ schemes to avoid income tax.40
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Government response AI summary
HMRC continues to build on the strategy outlined in ‘Tackling promoters of mass- marketed tax avoidance schemes’ published in March 2020. This includes raising awareness, early interventions, refreshed campaign, publications, articles, letters to taxpayers, work with professional bodies, shut down websites and published information about …
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HM Treasury
24
Conclusion
Thirty-Seventh Report - HMRC Performanc…
Accepted
We asked HMRC whether it could do more to publicise its successes, including the naming and shaming promoters of avoidance schemes. HMRC explained how it was seeking to reduce demand through transparency. It said it published annual reviews of the tax avoidance market and it was more quickly disclosing information …
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We asked HMRC whether it could do more to publicise its successes, including the naming and shaming promoters of avoidance schemes. HMRC explained how it was seeking to reduce demand through transparency. It said it published annual reviews of the tax avoidance market and it was more quickly disclosing information on promoters and their schemes, to warn off potential users as early as possible. HMRC also said it litigated if promoters did not comply with rules requiring the disclosure of tax avoidance schemes to the Department. HMRC told us that it was trying to identify as quickly as possible the people who have entered into avoidance schemes. It then tells these people they are in a tax avoidance scheme and offers them help to get out. HMRC told us this was a change in its operational approach. In the past HMRC would have opened an inquiry, picked a lead case to pursue to go through the tribunals and courts, with other cases left open which could lead to tax bills building up. We welcome this change in HMRC’s approach and would like to see it do more to protect taxpayers.42 37 Q 142 38 C&AG’s Report, page R4 39 Q 2 40 HMRC, Policy paper, Tax avoidance loan schemes and the loan charge, Updated 28 July 2021 41 Qq 2–5 42 Qq 2, 4–5 16 HMRC Performance in 2020–21 2 Customer service and transformation Customer service
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Government response AI summary
HMRC stated it continues to build on the strategy outlined in ‘Tackling promoters of mass- marketed tax avoidance schemes’ published in March 2020. This includes raising awareness, early interventions, refreshed campaign, publications, articles, letters to taxpayers, work with professional bodies, shut down websites and published …
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HM Treasury
26
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
We asked HMRC why response times were very poor at the end of 2020–21. HMRC said in the first half of 2020–21 it had diverted 5,000 customer service staff to work on COVID-19 support schemes. HMRC also said that during this period it did not have backlogs. It told us …
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We asked HMRC why response times were very poor at the end of 2020–21. HMRC said in the first half of 2020–21 it had diverted 5,000 customer service staff to work on COVID-19 support schemes. HMRC also said that during this period it did not have backlogs. It told us that in the second half of 2020–21, its customer services team had to continue to support the COVID-19 support schemes and 3,000 additional customer service staff were diverted to work related to the UK leaving the EU. It also told us that it “stayed strong on the fundamentals of the tax system”, and it successfully managed the annual peaks in self-assessment and tax credits. It said that because of the priorities of paying money to vulnerable people, COVID-19 and customs, given the UK’s exit from the EU, it had to put other parts of tax activity to one side, and it started to build-up a “bit of a backlog”.47
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Government response AI summary
HMRC have been working through the stocks of correspondence and expects to reduce to pre-pandemic levels, with performance recovering by the start of 2022-23. Expected performance levels and commitments for 2022-23 will be presented in the Department’s Outcome Delivery Plan.
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HM Treasury
28
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
We asked HMRC why call handling performance had been declining before COVID-19. HMRC told us that it was resourced to give a “decent” rather than “brilliant” service and it had efficiencies that it had to deliver. It said that although some phone contact was very important to HMRC and to …
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We asked HMRC why call handling performance had been declining before COVID-19. HMRC told us that it was resourced to give a “decent” rather than “brilliant” service and it had efficiencies that it had to deliver. It said that although some phone contact was very important to HMRC and to the taxpayer, some of it was “low value”, in the sense that it did not change tax outcomes. HMRC’s strategy is to reduce this type of 43 HC Committee of Public Accounts, HM Revenue & Customs: Handling telephone enquiries, Twenty-fourth Report of Session 2009–10, HC 389, March 2010, page 3 44 HC Committee of Public Accounts, Quality of service to personal taxpayers and replacing the Aspire contract, Thirteenth Report of Session 2016–17, HC 78, Incorporating HC 79, July 2016, pages 3 and 4 45 HC Committee of Public Accounts, HMRC’s performance in 2017–18, Sixty-Sixth Report of Session 2017–19, HC 1526, November 2018, para 20 46 C&AG’s Report, para 1.28–1.29, Figure 7, Figure 8 47 Q 117 48 Q 119 49 HMRC, HMRC quarterly performance report: July to September 2021, November 2021 HMRC Performance in 2020–21 17 contact or to get people to self-serve online if they can.50 HMRC believes that its spending review settlement for the next three years is sufficient to enable it to do a good job, but the settlement requires it to make efficiencies. If it does not achieve these efficiencies, customers were likely to experience a poorer service.51
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Government response AI summary
HMRC will present its expected performance levels and commitments for 2022-23 in the Department’s Outcome Delivery Plan, to be published early in 2022-23 and publish performance data monthly and quarterly, including AAH, ASA and correspondence percentages.
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HM Treasury
29
Conclusion
Thirty-Seventh Report - HMRC Performanc…
Accepted
For 2021–22, HMRC has replaced most of its response time measures with metrics of whether it is easy for customers to access and deal with HMRC.52 Rather than call handling times, it now publicly reports the percentage of callers wishing to speak to an adviser who are able to get …
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For 2021–22, HMRC has replaced most of its response time measures with metrics of whether it is easy for customers to access and deal with HMRC.52 Rather than call handling times, it now publicly reports the percentage of callers wishing to speak to an adviser who are able to get through. It continues to report publicly on its postal response times but has not set a target for the number it responds to in 15 days.53 Making Tax Digital
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Government response AI summary
HMRC have been working through the stocks of correspondence and expects to reduce to pre-pandemic levels, with performance recovering by the start of 2022-23. Expected performance levels and commitments for 2022-23 will be presented in the Department’s Outcome Delivery Plan. They publish performance data monthly …
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HM Treasury
33
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
We asked about the support and software that would be available to small taxpayers. HMRC said it was gearing up to support customers but that it would not be delivering software itself. Nevertheless it had received pledges from industry that they would, as they did for VAT, provide free-at-point-of-service software …
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We asked about the support and software that would be available to small taxpayers. HMRC said it was gearing up to support customers but that it would not be delivering software itself. Nevertheless it had received pledges from industry that they would, as they did for VAT, provide free-at-point-of-service software for those taxpayers with the most simple needs.61 HMRC said the software industry had plenty of time to act on user research and get software right by 2024.62 HMRC’s estates strategy
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Government response AI summary
The government is committed to free software for the MTD Income Tax Self-Assessment (ITSA) service for those with the most straightforward affairs, removing one of the financial barriers to participating in MTD, and will improve the support offering to those who may be unrepresented or …
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HM Treasury
34
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
We have long-standing concerns about HMRC’s estates strategy. In April 2017, long before COVID-19, this Committee raised concerns about HMRC locking government into holding larger properties for longer than needed. The Committee raised similar concerns again in January and April 2018. In January 2021, we concluded that HMRC’s estate strategy …
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We have long-standing concerns about HMRC’s estates strategy. In April 2017, long before COVID-19, this Committee raised concerns about HMRC locking government into holding larger properties for longer than needed. The Committee raised similar concerns again in January and April 2018. In January 2021, we concluded that HMRC’s estate strategy risks becoming woefully out of date. We recommended that HMRC review its estate strategy in light of the impact of COVID-19 on the demand for commercial properties.63 Since January 2021, HMRC has revisited its assumptions on attendance rates following changes in working patterns as a result of the pandemic. It now considers that attendance rate at its regional centres will reduce from its original estimate of around 67% of working days to around 50%.64 HMRC confirmed during the evidence session that it was planning for hybrid working to be permanent.65
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Government response AI summary
HMRC will work with the Government Property Agency and the Places for Growth Programme in the Cabinet Office to ensure that any surplus office space in staffed buildings across the HMRC estate is not left vacant, and will report back to the Committee by the …
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HM Treasury
35
Recommendation
Thirty-Seventh Report - HMRC Performanc…
Accepted
Given the change in HMRC’s need for office space, and wider changes in the commercial property market, we asked HMRC whether its estate strategy was right for the future. HMRC told us its strategy was the right one and was part of making HMRC fit for the future by providing …
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Given the change in HMRC’s need for office space, and wider changes in the commercial property market, we asked HMRC whether its estate strategy was right for the future. HMRC told us its strategy was the right one and was part of making HMRC fit for the future by providing a high-quality estate. It also told us that the quality and location of the estate made it easy to offer to other government departments, as part of the broader move of civil service roles from London into other parts of the UK. HMRC said it had already let space, and there was currently a queue of organisations also wishing to let space.66 It said it has leased 583,000 meters squared of space of which 107,000 meters squared (18%) has been “signed up to” by Other Government Departments. HMRC expects the amount of space it sublets in 2023–24 to increase to 117,000 meters squared (23% of the total space it expects to lease).67
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Government response AI summary
HMRC will work with the Government Property Agency (GPA) and the Places for Growth Programme in the Cabinet Office to ensure that any surplus office space in staffed buildings across the HMRC estate is not left vacant and will report back to the Committee by …
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HM Treasury