HMRC Tax Penalties Skyrocket: A Detailed Analysis of the 25% Surge and Its Impact on Businesses

The HM Revenue and Customs (HMRC) in the UK has witnessed a significant uptick in the value of tax penalties, recording a remarkable 25% surge within just one year. The figures, rising from £681 million in the fiscal year 2021/22 to a record £851 million in 2022/23, have been highlighted by UK accountancy group UHY Hacker Young as the highest total value on record. This spike in penalties is seen as a strategic move by HMRC to recover outstanding tax debt, with penalties increasingly being perceived as an "easy win" for the tax authority.

UHY Hacker Young has underscored the sustained nature of this upward trajectory, spanning the past three years, pointing to a worrisome trend for businesses. Particularly affected are those grappling with financial stress and encountering challenges in meeting payment deadlines. However, it's not just financial struggles triggering penalties; simple errors in paperwork have also become a common cause. The group revealed that penalties have been extended to include nil return and repayment returns, making them more susceptible to being triggered, sometimes due to genuine errors.

A striking anecdote shared by UHY Hacker Young involved a business facing a hefty £140,000 fine due to the loss of their HMRC account password, causing a delay in their payment. This vivid example highlights the potential impact of penalties on businesses navigating technical difficulties.

Partner Sean Glancy from UHY Hacker Young voiced criticism of HMRC's approach, describing it as often unreasonable when issuing penalties for genuine errors. He expressed concerns about what he perceives as a 'shoot first, ask questions later' approach adopted by HMRC, noting that the process becomes quite draconian once a penalty is issued, even though approximately half of penalties are later withdrawn upon appeal.

Glancy emphasized that HMRC continues to expand the scope for tax penalties, encompassing individuals and businesses that might not have been targeted previously. These penalties, he labeled as "extremely unhelpful," particularly for those still navigating post-pandemic recovery. Glancy urged individuals and businesses to exercise extra caution to avoid inadvertently violating tax regulations.

Tax director David Jones from UHY Ross Brooke Chartered Accountants observed a discernible pattern in recent years, highlighting HMRC's aggressive stance on what constitutes 'deliberate behavior.' He suggested that this stance contributes significantly to the high penalty figures, especially when behavior is classified as deliberate, resulting in escalated penalty tariffs.

In sum, the surge in tax penalties poses multifaceted challenges for businesses and individuals navigating post-pandemic economic recovery. Concerns have been raised about the potential impact on those struggling to meet payment deadlines, coupled with the possibility of facing additional penalties if financial difficulties persist or worsen.

By fLEXI tEAM