Consultation opens on reforming the tax penalty system.
HM Revenue & Customs (HMRC) is considering scrapping the £100 penalty for late tax returns.
In a consultation paper the tax office revealed it’s seeking feedback on the current system and is inviting suggestions on how to improve the process.
It stated: "We currently impose a large number of low-value penalties in Income Tax Self-Assessment and expect to do the same in the Real Time Information PAYE regime. We want to consider moving to a different model."
New rules outlined for public consultation could see a system of non-financial penalties or a higher level of interest on accrued debts, instead of one-off automatic fines.
HMRC pointed out a more progressive approach to encouraging compliance might be one built around penalty points - similar to those issued for motoring offences – where fines are not issued immediately, but harsher penalties are in place for those that repeatedly break the rules.
It also said the creation of individual digital accounts could allow a penalty system based on the overall position of a taxpayer, rather than a one-off fine.
The consultation comes after figures revealed 890,000 people missed the 31st January deadline for filing their Income Tax Self-Assessment forms.
This group now face an escalating scale of penalties, starting with the automatic £100 fine, even if they had no tax to pay.
Thereafter a £10 daily charge will be applied for up to 90 days and there’s an additional £300 or 5% of the tax owed (whichever is higher) if the return is still late after six and 12 months.
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System overhaul
HMRC is looking at trying to differentiate between “the dishonest minority who try to cheat the system” and honest taxpayers who might make an “occasional error”.
The report admitted: “The current system makes no distinction between a customer who misses a deadline by a day or two and someone who has made no attempt to comply at all."
And while there are reasonable excuse provisions that can remove penalties, HMRC conceded that the rules may need updating to better support those genuinely wanting to comply.
Many of the HMRC penalties enforced today were introduced during the HMRC Powers Review between 2005 and 2012.
Before 2012 anyone that missed the deadline but was found to not owe any tax would not be fined. Now some taxpayers receive a penalty when there is no tax at risk of being lost to the Exchequer.
[SPOTLIGHT]HMRC is worried that when taxpayers think penalties are “unfair” or “disproportionate”, this can result in fewer people complying with the rules.
Next steps
HMRC also wants input about the current penalties for VAT breaches and failures to pay the right excise duty.
The consultation on these issues is open until 11th May 2015.
After the deadline HMRC will publish a summary of the feedback and use it in developing its approach to reform and drafting legislation.
HMRC says any changes to the HMRC penalty regimes would follow the usual development process and need primary and secondary legislative changes.
Part of that process would involve a looking at the impact on taxpayers as well as on the Exchequer and HMRC and any changes would be dependent on developing HMRC's IT capability.
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