Managing tax compliance following the pandemic
Closed
What the inquiry looked at
“The impacts of the COVID-19 pandemic affected both the risks to tax compliance and the ability of HM Revenue and Customs (HMRC) to carry out its compliance work. The need to prioritise direct responses to the pandemic (including new employment and self-employment support schemes) reduced HMRC’s overall capacity for tax compliance work, while lockdowns and social distancing meant constraints on face-to-face investigations. HMRC’s estimate of compliance yield – the additional tax revenue collected or protected as a result of its compliance work – was 18% lower in both 2020/21 and 2021/22 than it had been in 2019/20. This inquiry is based on the NAO investigation into managing tax compliance following the pandemic . In January the Committee will question senior officials at HMRC to further examine how well HMRC is placed to manage its compliance work following the pandemic, including future risks and challenges. If you have evidence on this issue please submit it here by 6pm on Monday 16 January 2023. Please have a look at the requirements for written evidence submissions and note the Committee cannot accept material as evidence that has been published elsewhere.”
The committee's words, from the inquiry page on parliament.uk ↗.
What it found
In response to the immediate needs of the COVID-19 pandemic, HM Revenue & Customs (HMRC) quickly made changes needed to reprioritise its work and staffing, initially redeploying more than four thousand experienced compliance staff to its new COVID support schemes. These changes resulted in less capacity to check whether people and businesses are complying with tax rules. HMRC opened fewer tax enquiries and prosecuted far fewer people for tax evasion during the pandemic. Tax revenue directly attributable to HMRC compliance work (compliance yield) fell as a proportion of tax revenue from an average of 5.2% before the pandemic to 4.2% in 2021–22, the lowest level since 2011–12. This equated to £9 billion less yield over the two years (2020–21 and 2021–22) compared with its performance before the pandemic. HMRC’s compliance staff were also less productive due to social distancing restrictions and the loss of more experienced staff. On average, those still working on tax compliance generated £1.1 million of compliance yield a year per staff member, compared with £1.3m before the pandemic.
HMRC does not yet have a full understanding of how the pandemic and its response to it have affected levels of non-compliance. There is a risk that fewer compliance investigations and prosecutions, which HMRC does not expect to return to pre-pandemic levels, will weaken the deterrent effect of HMRC’s work. It seems likely that many more non-compliant taxpayers will now escape paying their fair share of tax potentially undermining the sense of fairness on which the tax system relies.
The disruptions caused by the pandemic and the cost of living crisis mean the tax gap is highly uncertain and it is concerning that levels of non-payment are rising. With HMRC under increasing pressure, we are disappointed that it could not say what level of compliance yield it could routinely generate with the resources it has. This makes it hard to have confidence that HMRC will live up to its claim that no tax will go uncollected as a result of the pandemic. HMRC should have a clear plan and trajectory to catch up on compliance activity and prosecutions not carried out during the pandemic. HMRC must also show how it will support the growing number of taxpayers who want to pay their tax but also need its help, ensuring that it is never easier for people to cheat the tax system than to comply with it.
What the government said
The government responded on 21 July 2023. The deadline was 3 July 2023.
The government agrees with the Committee's recommendations on staffing resilience, deterrent effect, support for taxpayers and overcharging, but disagrees with those on setting compliance yield targets and increasing resources.
- On deterrent effect, the government agrees and gives a target date of June 2024. HMRC will commence new work in 2023-24, and says its "exact timeframe and scope" will be informed by initial internal analysis and is "dependent on the availability of appropriate data".
- The government disagrees with setting a compliance yield target to make up the pandemic shortfall. It says HMRC sets targets under an agreed methodology with HM Treasury and the OBR, and that risks not addressed during the pandemic "can still be acted on".
- On debt support, the government agrees and describes the recommendation as implemented. It cites funding at Spring Statement 2022 for an additional 500 staff over three years, and £20 million for 2023-24 and 2024-25 for private sector debt collection.
- The government disagrees that more resources or a contingency plan are needed. It says funding is "a decision for Treasury ministers" and that it "remains committed to ensuring HMRC has sufficient funding" to maintain compliance performance over time.
Read the government's response ↗ Read the report ↗ Report an error
How the inquiry ran
Each dot is a dated item listed on this page, from the inquiry's opening on 28 November 2022 to its close on 21 July 2023. The dashed mark is the deadline Parliament records for the government's response.
- Oral evidence 26 Jan 2023
- Report 3 May 2023
- Government response 21 Jul 2023
- Correspondence 23 Feb 2023
What it recommended 6 recommendations · 20 conclusions
2Develop better understanding of deterrent effect of compliance work and monitor prosecution revenue benefits.
3Set clear targets for compliance yield shortfall and rolling percentage of tax revenues.
4Ensure HMRC provides sufficient, tailored support to all taxpayers wanting to pay their taxes.
5Develop robust estimates of compliance yield errors and ensure correction and compensation for overcharged taxpayers.
6Specify a contingency plan for increasing compliance capacity to tackle growing non-compliance risks.
1Committee examined challenges for HMRC in tackling post-pandemic tax non-compliance.
7Compliance yield per HMRC staff member declined significantly during pandemic years.
8New HMRC compliance staff expected to take years to reach full productivity.
9HMRC completed significantly fewer tax-related prosecutions during the pandemic years.
10HMRC not planning to restore tax prosecutions to pre-pandemic levels, prioritising complex cases.
11HMRC lacks effective methods to monitor deterrent effect of reduced prosecutions.
12Compliance yield is the primary measure of HMRC’s impact on revenue protection.
13HMRC's compliance yield significantly declined post-pandemic, representing a £9 billion reduction.
14HMRC unable to set clear compliance yield targets for pandemic recovery efforts.
15HMRC's strategy prioritises preventing non-compliance through taxpayer support and guidance.
16HMRC shows strong progress recovering pandemic tax debts through improved practices.
17HMRC's total debt levels unexpectedly increased to £45.7 billion despite management improvements.
18HMRC's struggling customer service obstructs taxpayers seeking help with their tax affairs.
19Understanding compliance yield performance is essential for HMRC's resource allocation and effectiveness.
20HMRC's compliance yield overstated by £59.7 million (8%) due to errors in casework.
21HMRC identified seven taxpayer overcharges totalling £32 million, mainly impacting small businesses.
22HMRC unable to reliably estimate the overall extent of compliance yield errors and overcharges.
23HMRC funding aims to prevent growth of the tax gap, vital for public services.
24Current tax gap estimates do not fully reflect pandemic impact, showing high uncertainty.
25Weakened measures and insufficient compliance yield indicate the tax gap will likely grow.
26HMRC faces resource challenges to maintain tax gap, as new staff require lengthy training.
Evidence
Oral evidence sessions 1
- 26 Jan 2023Maintaining tax compliance following the pandemic3 witnesses, listed belowparliament.uk ↗
Who gave evidence 3 witnesses
- Alison BexfieldDirector for Customer Compliance Finance & Planning, HM Revenue and Customs
- Jim Harra CBFirst Permanent Secretary and Chief Executive, HM Revenue and Customs
- Penny CiniewiczDirector General for Customer Compliance Group, HMRC