Tax
HMRC Draws Fire Over Wider Tax Investigation Time Limits

HMRC is expanding the period when it can examine a person's past to hunt for offshore tax cheats, a step that accountancy firm BDO says is unnecessary.
The UK tax authority is going back further in time than used to
be the case to see if taxpayers have hidden money offshore, a
move that accountancy firm BDO said is unnecessary and will
cause undue alarm.
At present, HM Revenue & Customs has time limits on how far back
it can go to scrutinise people’s accounts if it suspects a
problem. Where a person is suspected of not notifying a problem
or deliberately hiding money, the authority can go back as far as
20 years; with “careless errors”, as it defines them, HMRC can go
back six years, and where there are cases of “reasonable care or
reasonable excuse,” the time limit is four years.
However, HMRC is extending the four- and six-year time limits to
12 years for income tax, capital gains tax and inheritance tax
where there are “offshore matters”. (The changes do not, however,
apply to corporation taxes.)
“The extension of time limits relating to offshore matters is
widely viewed as unnecessary and alarming, a view that appears to
be shared by The House of Lords,” Dawn Register, tax dispute
resolution partner at BDO, said. (She was referring to comments
recently made in the UK’s upper legislative chamber about the
matter.)
“The 12 years goes far beyond the normal four-year time limit for
assessments and therefore, could severely impact those who are
fully UK tax complaint. In addition, we expect these measures
will increase both record keeping and professional advice costs,”
Register said.
A succession of recent Conservative, coalition and Labour
governments have tightened the screws on alleged tax evaders and
the types of tax avoiders. For example, authorities have made tax
evasion a strict liability offence, which means prosecutors no
longer have to prove intent to defraud the tax collector, a fact
that in the past had stymied a number of cases. (Some
critics worry that this change erodes important protection
for the innocent.)
BDO’s Register said that the government already has plenty of
powers it can use without having to expand its time limits.
“Of course we fundamentally support HMRC’s action to tackle tax
evasion. However HMRC already has wide ranging civil and criminal
sanctions to tackle evasion, both onshore and offshore,” she
said.
Register argued – and repeated these points to
WealthBriefing in a call – that bodies such as HMRC
already have extensive powers to root out tax cheats via, for
example, the global information-sharing pacts known collectively
as the Common Reporting Standard.
“This data is also more easily analysed and cross referenced
through advances in IT. Our view is that hardened tax evaders
need to be caught, and enforcement of the existing rules is the
answer rather than more new rules,” she added.