Gauke vows to ‘lift the lid’ on personal tax

Treasury minister David Gauke this week promised to “lift the lid on tax” by transforming “the customer experience of the personal tax system”, but risked the wrath of tax advisers by refusing to consider merging income tax and National Insurance Contributions (NICs).

Two weeks ahead of the Chancellor’s autumn statement (29 Nov) and the publication of draft Finance Bill clauses (6 Dec), Gauke set new reform hares running with consultation papers covering the government’s overall personal tax strategy, options for merging NICs and income tax, and a detailed time table of the Real Time Information system planned for PAYE.

Launching the HMRC discussion paper Modernising the administration of the personal tax system: Tax Transparency for Individuals (650kb PDF) at a Downing Street press conference on Monday morning, the minister admitted that the taxation system is difficult to understand. “It’s a black box of rates, thresholds and reliefs,” he said. Summing up the government’s overall intention in a single line, he offered, “Know what you pay.”

The proposals were broadly welcomed by the advisers and lobbyists at the Downing Street launch event, but Gauke - with the support of the Tax Payers’ Alliance and the ACCA - stopped short of a full merger.

“It is right to maintain NICs separately. The contributory system is still relevant,” he said.

The modernising personal tax discussion paper will have a 12-week consultation period to 24 February, and the government will provide an update alongside the 2012 Budget.

Released alongside this overview were two more documents:

  • Integrating the operation of income tax and National Insurance contributions: next steps, which summarises responses to the consultation exercise carried out over the summer. It is available on the Treasury website.
  • Draft amendments and documentation explaining how the planned Real Time Information system will work with PAYE, National Insurance contributions (NICs) and the Construction Industry Scheme (CIS). The relevant documents can be found on the HMRC website.

Continued...

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John Stokdyk's picture

E&Y: "Employers will be PAYEing for the next five years"

John Stokdyk | | Permalink

Shortly after the discussion paper was launched, we received the following comments from Ernst & Young employment tax partner Graham Farquhar:

“With Real Time Information (RTI) due to come into force in April 2013 and the announcement today that National Insurance Contributions (NICs) and income tax will integrate in 2017, employers are facing five years of continuous change and cost. Whether you are a small company or a large PLC, this is going to mean thousands of pounds in new software, systems and personnel training.

“Based on HMRC’s timetable, we won’t know the extent of the changes to income tax and National Insurance for at least another three years, when the legislation is drafted and passed through Parliament. This will however allow time for consultation and for the Revenue to understand the full implications of these measures, not only for employers but also for HMRC’s own staff. It is also envisaged that it will take a further two years for systems changes to be implemented by both employers and the government departments affected.

“It is positive to see that the Revenue are being realistic about the time it needs to get its own house in order. This isn’t just a tax issue; it will impact processes relating to contributory benefits, including the state pension and other statutory payments such as maternity and sick pay.

“One of the most common issues cited by respondents to the Revenue's call for evidence was the different definition and treatment for earnings and expenses; for example there are different rules for tax and NIC relating to termination payments and benefits in kind.

“Will this result in a major overhaul of the National Insurance system? Almost certainly. However, whilst the Government will not wish to undertake a full merger of the tax and National Insurance regimes, a major reform of NIC is still required to suit the employment market in the 21st century which is now much more transient and international in its nature.”

I don’t think this is as great a problem as is being made out.

ringi | | Permalink

John Stokdyk wrote:

Shortly after the discussion paper was launched, we received the following comments from Ernst & Young employment tax partner Graham Farquhar:

“With Real Time Information (RTI) due to come into force in April 2013 and the announcement today that National Insurance Contributions (NICs) and income tax will integrate in 2017, employers are facing five years of continuous change and cost. Whether you are a small company or a large PLC, this is going to mean thousands of pounds in new software, systems and personnel training.

 

I don’t think this is as great a problem as is being made out.

  • PAYE software must be udapted every year anyway for new rates etc
  • So most compnaies pay for a subscritiion anyway,
  • So no additionally cost for new software
  • The input data will be about the same, or less then is needed at present.
  • At least in the private sector, most employers just expect their accounting staff to readup on changes themselves, so no personnel training cost as such.

So I see the only real cost to most companies, is the few hours it takes someone to read up on the changes.  (It will cost the software vendors a bit more, but I don’t think that is a great cost relative to the importance of having a tax system that works will.)

So IR35 does need amending, as NICs will continue ...

dstickl | | Permalink

Because Treasury minister David Gauke this week promised ...

It is right to maintain NICs separately. The contributory system is still relevant,” it seems to me that the conclusions of the OTS report on IR35 have to be amended!

Surely a better way - than the current IR35 muddle - would be for HRMC to deliver a simple piece of secondary legislation to amend SI 2000/727 section 7 (1) step one to make economic sense, wouldn't it?

My suggestion is that there should be minimum "costs allowances":

* EITHER of 'one tenth of the UK state pension' for the alleged "Friday to Monday" scenario - defined by a time interval of less than one hundred calendar days between the worker leaving PAYE employment and returning to work for that employer as a limited company, OR

* Of twice the compulsory  'VAT registration threshold' for all other IR35 cases,

Such a change to minimise the curse of IR35 would produce more legal and tax certainty for embryo small businesses, leading to more jobs and GDP growth: Isn't this the goal that CoAc wants?

 

Over to you, David Gauke, as the Minister in charge of IR35 legislation, OR does you silence indicate that you are happy with the current muddle and the concomitant "Gauke-ward Growth Gloom"?

 

PS: If the PCG were to assert that the current IR35 muddle is a victory, may I remind them that their goal is effectively to replace the "5% allowance" by a "100% allowance in SI 2000/727 section 7 (1) step one, and that that would clearly be a case of special pleading, and leaving rediculous loopholes ...

One option with IR35 I thought of in bed the other day….

ringi | | Permalink

At present you get an income tax credit whenever you get paid a dividend.  What if this tax credit was just removed from all closed limited companies that paid corporation tax at the lower rate?

Then people that were paid var dividends would not have such a great tax advantage as they do at present, not a complete solution buy maybe a step to removing the root problem.  (Or just charge NI on dividends from closed limited companies.)

John Stokdyk's picture

Comment from CIOT president Anthony Thomas

John Stokdyk | | Permalink

Anthony Thomas, CIOT president, was also at the Downing Street event on Monday. Like several accountants there, he voiced concern about the role of advisers in the reform programme and commented, "Where do agents feature? There was no mention of them."

He caught up with me earlier today and added: "My personal view is that I can understand the government’s attitude about transparency, but they need to focus on so much more.

"Transparency is a lovely idea, but comes with a double-edged sword. They’re in danger of creating something electronically that could screw up HMRC even more. The principle is very good, but it’s a long way off.

"I think the income tax-NI merger is a very complex thing and there are some hard edges to it. That too could cause some grief, a lot of hard work and could cause HMRC to lose the plot. It needs to be thought through, not in a rush. There needs to be some deep thinking before we start the journey."

Too right Anthony Thomas, "income tax-NI merger is very complex

dstickl | | Permalink

Too right, Anthony Thomas, CIOT president: "The income tax-NI merger is very complex" and: The curse of IR35 will strike in fuller force if many pensioners are obliged to pay both tax AND NI on their miserable pensions, and the miserable interest of their diminishing savings.

These voters just would not vote either Conservative or Liberal Democrat at the next election in 2015, would they ...

Solution: Just do a simple piece of secondary legislation to amend SI 2000/727 section 7 (1) step one ... as detailed above earlier today. 

Income tax reform and RTI    1 thanks

barron | | Permalink

Has anyone given thought to the many small businesses that still are not computerised and do not use computers for accounting purposes,(there is no need) hand written cash books etc, are perfectly adequate and wages for few employees are dealt with manually. Also several businesses i know do not have internet or broadband connections. It costs them to find someone who has connection to file, with RTI  coming and  employing one or two employees it is not cost effective to pay for software just to comply.

Old Greying Accountant's picture

Am I being over simplistic ...

Old Greying Acc... | | Permalink

Gauke answered those who advocate full merger by explaining that the government wasn’t keen to to extend NICs to those above retirement age, or to investment income. “You can end up with  the further complication of one tax, but different rates. As always with tax, you do something in one area and a further complication can crop up in another.”

For the avoidance of doubt, he added, “There is no appetite or desire on the part of the government to put 12% on top of the tax rate for pensioners.” 

... but can't this be simply adressed by a larger age related PA, clawed back above a level as at present?

 

Position of the TaxPayers' Alliance on merging NI and income tax

Jonathan.Isaby | | Permalink

Having contacted the author of the above report but not yet heard back from him, I thought it imperative that I should clarify our position as the article above misrepresents what I said on behalf of the TaxPayers' Alliance at the event in Downing Street.

I explicitly did not back the minister's position of stopping short of a full merger of National Insurance and Income Tax: we very much support a full merger and I urged David Gauke to do so too on Monday morning.

I was, however, broadly supportive in my remarks at Downing Street about the transparency measures the Government is looking at.

For more on all of this, I wrote up the TPA reaction to the announcements here on our blog.

And should you wish to read the TPA research as to how the NI and income tax systems could be merged, please see our recent paper, Abolish National Insurance.

Jonathan Isaby
Political Director, The TaxPayers' Alliance

John Stokdyk's picture

Apologies to Jonathan Isaby

John Stokdyk | | Permalink

Sorry not to respond earlier, but it's good to see you making your own case in public with our comment facility. As I have written in an email, by notes have you saying that you thought the contributory principle was a good thing. It embarrasses me to admit it, but given the unequivocal nature of your comments and blog post, I must not have heard the word "not" during your question to the minister.

I have amended the text, as requested and apologise for the mistake. Thank you for bringing it to my attention, and for adding to the debate on this topic, which is obviously one which matters a lot to AccountingWEB members.

OH DEAR    1 thanks

Peter Tucker | | Permalink

It would seem that there is a view that unless something is web based it can not be of value.

The logic that Individuals currently are unable to determine their PAYE position, i.e. total earnings and tax paid is wrong. These figures are available on a wage / salary slip. Are we to believe the hype that someone who can not read te bottom of their wage slip will be able and competant to negotiate through the security of an HMRC site and view the information on line, to determine these figures? What next - a paper copy of one's pay and tax to date delivered on a weekly or montly basis - oh no, that's a wage slip !!!

PAYE means that payroll software deducts the proper amount of Income Tax from a source of Taxable income. Ensuring that the PAYE Code Number is correct, i.e. is the Code which will ensure that the correct amount of Tax is dedcuted is an HMRC responsibility. Reviewing the liability of an Individual - checking that the proper amount of Income Tax has been deducted from the total annual Taxable Income is an HMRC responsibility.

When HMRC can not accurately determine an Individuals Tax Free Allaowances, accurately post details of an Individuals Taxable Income ( and tax paid ) OR post the National Insurance Contributions to the proper Individuals NIC Computer Record, I suspect that the "improvements" required lie within HMRC's systems and NOT with changes to either the Payroll or any other systems.

Remember, with the new £380 + million Computer system HMRC reported in their 2010/2011 Accounts that they were "unable" to put details of 1.7 million National Insurance payments, deducted and paid over by Employers, to the Individual who actually made the contribution. That sounds like blaming the PAYE system is huff and puff, similar to what various Select Committee's of Parliament are hearing more and more.

Lost NIC records    1 thanks

Andywho is fed up | | Permalink

I would just take one issue with Peter and the mismatched NIC records.   One payroll that I deal with has a lady for whom HMRC cannot trace the NIC number she has given us as relating to her.   Each year they send her a letter asking her to contact them to resolve the issue.   Each year she ignores them (at least seven years now to my knowledge) .   She has no NIC contribution history with HMRC for at least those seven years and is one of those "lost" records simply because she refuses to do anything about it.   So, although I am by a long shot not a fan of HMRC, in this case one of their million "lost cases" is decidedly not their fault! 

LOST NIC

Peter Tucker | | Permalink

Andywho's comment noted .....

But I am afraid it does not stand scrutiny.

HMRC have spent over £380 million to develop a new computer system and they have a National Insurance Recording Computer System. These systems are run / supported at a cost of £x million per day by the IT partners of HMRC.

The National Insurance Recording system is supposed to have the names and dates of birth of everyone born in the UK and enteries for every official National Insurance Number issued.

Not matching data provided by an Employer is an HMRC issue. Are we to suppose that 1.7 million, less the lady Andywho mentions, are responsible for not supplying - Name - Address - Gender - Employer - and at least a version of an NI Number?    I think Not.

As if the missing NI Contributions were not enough, it is interesting to note that for the year ending 5th April 2008, according to official HMRC figures, they were unable to match approx. 170,000 Forms P14 - where the annual Income figure on the Form P14 was in excess of £39,999 - sent in by Employers, to any record on their PAYE Computers. Folk with that sort of income tend not be be working in Burger Outlets?

HMRC have all the information and apparently limitless funding, so ....

ANOTHER GAUKEY YES MINISTER PROJECT WITH NO MONEY!

david5541 | | Permalink

Peter Tucker wrote:

It would seem that there is a view that unless something is web based it can not be of value.

The logic that Individuals currently are unable to determine their PAYE position, i.e. total earnings and tax paid is wrong. These figures are available on a wage / salary slip. Are we to believe the hype that someone who can not read te bottom of their wage slip will be able and competant to negotiate through the security of an HMRC site and view the information on line, to determine these figures? What next - a paper copy of one's pay and tax to date delivered on a weekly or montly basis - oh no, that's a wage slip !!!

PAYE means that payroll software deducts the proper amount of Income Tax from a source of Taxable income. Ensuring that the PAYE Code Number is correct, i.e. is the Code which will ensure that the correct amount of Tax is dedcuted is an HMRC responsibility. Reviewing the liability of an Individual - checking that the proper amount of Income Tax has been deducted from the total annual Taxable Income is an HMRC responsibility.

When HMRC can not accurately determine an Individuals Tax Free Allaowances, accurately post details of an Individuals Taxable Income ( and tax paid ) OR post the National Insurance Contributions to the proper Individuals NIC Computer Record, I suspect that the "improvements" required lie within HMRC's systems and NOT with changes to either the Payroll or any other systems.

Remember, with the new £380 + million Computer system HMRC reported in their 2010/2011 Accounts that they were "unable" to put details of 1.7 million National Insurance payments, deducted and paid over by Employers, to the Individual who actually made the contribution. That sounds like blaming the PAYE system is huff and puff, similar to what various Select Committee's of Parliament are hearing more and more.

Customer experience as far as the HMRC is concerned is sticking to standards by notifying tax payers(with letters from tax complaince centres and inpectors) (and not sending tax agents the same) with so much detail and information they cant handle(or otherwise not bothering to at all(i.e. coding notices)(notices to complete online tax returns) that they junp and panic even though they are fully compiant and have used an accountant.

ALL THESE HEADLINES ARE A CON BY THE MINISTERIAL ppp'S! LIKE DAVID GAUKE

THEY LIVE IN THE WESTMINSTER VILLAGE COOKUU-LAND CLOUD WITH FAT PENSIONS HAVING BEEN TAKEN AWAY FROM EVERYONE ELSE

HE WOULD DO A BETTER JOB FIRING DAVID HARTNET AND EMPLOYING A CBI MAN AT THE HEAD OF THE HMRC( WHO KNOWS ABOUT STRATEGY AND DOESNT SELL IT AS A GIMICK IN ORDER TO FIRE TAX INSPECTORS AND HIRE CALL/CONTACT CENTRE STAFF WITH NO PUBLIC CENTE PENSION RIGHTS).

its time ppp and other hmrc "managers" forget about hitting the headlines with one initiative after another and started "sticking to the knitting"

I'd agree with most of the above post, but I'd...

Trevor Scott | | Permalink

... firstly replace the entire senior management of HMRC.

RebeccaBenneyworth's picture

Permanent Secretary for Tax

RebeccaBenneyworth | | Permalink

We have Mike Clasper at the helm of HMRC, he has business experience but does not have a background in tax. We really need some senior people who know and understand the technical side of the tax system. I know the world and his wife have the knives out for Dave and his colleagues, but they play an essential role. Who else would have been involved in the nitty gritty of the Swiss UK deal which will raise billions in tax for the UK? I know that Dave was involved in the tax detail of this, negotiating with the Swiss to secure a deal which benefits us all (except those who choose not to pay tax on some of their income).

The Swiss deaL...

Trevor Scott | | Permalink

... was another monumental cock-up. Such people are not essential, especially when delivering ever decreasing levels of service. 

The vast majority of accounts are untraceable to UK individuals, which would be obvious to anyone who had actually dealt with asset protection, so even if ruled to be legal it is doubtful that it will raise the claimed billions. But then, when has any like HMRC claim ever come to fruition? Given basic support, the EU could have done better.