Nick Tagg is a Director of Taxation Services at Wisteria Chartered Accountants, Tax & Business Advisors, based in North London. He overseas all tax compliance and advisory matters, dealing with personal taxes, corporation tax, employment taxes and VAT. Nick is a chartered tax adviser and member of the Association of Tax Technicians.
New Disclosure Opportunity - Lost at Sea?
Following many articles in the professional press, HMRC have finally begun to advertise the existence of the 'New Disclosure Opportunity'. Banner ads are appearing across the net showing choppy waters, no doubt as a metaphor of what could be to come.
This is fine in itself, but I do have to wonder whether HMRC are really raising awareness of this opportunity as they should do. After all, the whole point of this exercise is to get taxpayers with undeclared offshore income to come forward. HMRC do not have the resources to enquire into every case following the release of information from the hundreds of banks that have been forced to pass over their records. Instead they are trying to maximise the possible tax recovery at the lowest cost of collection.
In my eyes, HMRC should have written to every account holder they think is effected, notified them that they have obtained information about offshore income and suggested that they come forward if necessary. Whilst this loses the element of '"unprompted disclosure", it certain must increase the tax recovery.
Secondly, whilst HMRC have indicated that genuine onshore disclosures will be treated in a similar vein in terms of penalties, this has not been openly publicised nor included as part of the disclosure arrangement. HMRC are tasked with making sure that taxpayers are complaint and pay the correct about of tax. So why shouldn't they be offering this opportunity openly to individuals with undeclared income from within the UK?
As this is labelled as the 'last chance' to come forward, I think HMRC have slightly missed the boat.














I agree - but in part
Speaking about this subject on courses this week it is clear that many accountants are not fully aware of the issues. I know that many small practices consider themselves and their clients as outside this area, but it is surprising just who does have undeclared monies offshore. I do think that HMRC need to publicise this more widely and even do some scary tactics on radio or TV but I don't think it is reasonable to expect them to write to every potentially affected taxpayer. The resources just aren't there - that's the reason for the NDO - to reduce work and allow people to come forward. I'm writing to all my clients (whoever they are and whatever their income) to make this clear.
As an illustration I had a client of very modest means who I would not have put in the "offshore set" but she inherited money from her dad which was offshore. She assumed that she wasn't taxable on the interest but luckily I picked up the point - even though the funds never came ashore. She was not a typical offshore account holder, but it made me realise there is no such thing - just as there is no such thing as a typical drug dealer etc..