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HMRC’s future requires updated data gathering

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How HMRC collects and stores data to digitally transform taxpayer services is currently under debate. Paul Aplin looks at the challenges and potential ahead.

3rd May 2023
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I recently wrote about one of the discussion documents released on Budget Day, Simplifying and modernising HMRC’s income tax services through the tax administration framework. Two further consultation documents relating to the Tax Administration Framework Review were published on 27 April. One of these seeks views on “how HMRC’s information and data-gathering powers… could be updated to enable digital transformation of taxpayer services…”

This follows on from last year’s consultation on improving the range of information and data HMRC collects, uses and shares across government. Responses to that consultation showed support for more effective and increased use of third-party information and data to pre-populate tax returns and endorsed the Office of Tax Simplification (OTS) recommendations on the use of third-party information and data. Respondents stressed the importance of safeguards governing data integrity, acquisition and use, and highlighted the need for clear-cut obligations and responsibilities.

Making it personal

I have written several times about the potential that the Single Customer Account (SCA) holds for improving the experience of tax administration for individual taxpayers. Key to that potential is pre-population of the account (and tax return) with information that taxpayers would otherwise have to add themselves. Several overseas tax authorities already pre-populate tax returns to a greater or lesser extent (and some have been doing so for many years). 

As the new consultation acknowledges, however, “HMRC is currently only able to pre-populate returns on a limited basis, and this will remain the case without reform of information and data-gathering powers, and safeguards.”

Whose responsibility?

Pre-population carries benefits and risks. If a taxpayer logs on and sees all – or virtually all – of their tax information prepopulated by HMRC, to what extent should they be responsible for checking its accuracy? To what extent should their agent (if they have one) be responsible? To what extent is HMRC or the third party who provided the information responsible? Is there a risk that taxpayers could become less engaged if all they need to do is press a button to accept the prepopulated figures as, effectively, their return?

The current UK position is that the taxpayer is responsible for the accuracy and contents of their return. The discussion document notes that “countries that extensively use pre-population utilise various methods to allow taxpayers to have final accountability for their tax return. For example, Ireland, Norway and Denmark use ‘deemed acceptance’, where a pre-populated return is perceived as automatically correct, unless a taxpayer raises a concern during the opportunity to review,” and that “most other tax authorities place a responsibility on the taxpayer to confirm a return is correct, by requiring them to review information and data pre-populated in their return, and agree accuracy of the return, or either, make the necessary amendments themselves, or provide these to the relevant tax authority.” 

Picking up on recommendations made by the OTS, the new consultation asks for views on where responsibility should lie and on processes for challenging and resolving discrepancies when the taxpayer or agent believes that a figure is incorrect. The ability to challenge and amend figures is crucial for accuracy, trust and confidence in my view.

Powering on

More extensive pre-population will necessitate an extension to HMRC’s information powers. The consultation sets out several different legislative approaches to building a simplified and more flexible information and data-gathering framework. Australia and Estonia, for example, set out generalised information and data-gathering powers in primary legislation, supported by secondary legislation and guidance. Slovenia takes an approach which, rather than focusing on separate categories of data-holders, instead specifies record-keeping and reporting obligations for all parties within its tax system. The consultation document gives more detail on these potential alternative approaches and again asks for views.

There are practicalities to consider here. Third-party holders of information will not have designed their systems around a requirement to supply data to HMRC. They will need time to adapt to any new obligations. There will also need to be an agreed format or schema – such as that prescribed for CRS reporting, or for reporting by digital platforms from January 2024 – in which to provide the data so that it can be quickly, easily and accurately ingested into HMRC’s systems and allocated to the correct taxpayer’s account. Inevitably this will involve costs for providers. 

HMRC is also seeking to update its powers in Section 114 Finance Act 2008 to “obtain access to, inspect and check the operation of any computer and any associated apparatus or material which is or has been used in connection with a relevant document”. Section 114 was cast in a world before the cloud became a significant element in data storage and handling and does not reflect “the more transient and fluid nature of modern information and data flows”.

Unique problems

Another critical factor for the success of pre-population is the existence of a unique, strong taxpayer reference number or ID. Without it, there is a risk of misallocation. The OTS suggested that the taxpayer’s national insurance number (NINO) would be a potential candidate. HMRC believes that NINOs are not sufficiently robust for this purpose as not every taxpayer has one, and there are instances of duplication. There is therefore a need to identify or develop a robust method for identification and matching. One of HMRC’s key transformation programmes, the Unique Customer Record (UCR), will seek to make use of a range of identifiers that HMRC already holds – or will obtain from taxpayers – to cross-reference and identify, and then remove or merge, unconnected or duplicate taxpayer records.

A variety of solutions are employed by other tax authorities: some have unique identifiers used only for tax purposes, others for cross-government purposes. This could prove a difficult nut to crack.

Fundamental changes

The issues explored in this consultation are fundamental to the success of the SCA. They are also fundamental in terms of the balance of rights and responsibilities between taxpayers, third parties and HMRC. If you have views, they can be shared at [email protected].

Replies (15)

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By Hugo Fair
03rd May 2023 18:02

I know this is but one (limited) article on a potentially enormous topic, but there's at least one casual (almost throwaway) remark that I feel needs to be picked up and looked at:

"There will also need to be an agreed format or schema .. in which to provide the data so that it can be quickly, easily and accurately ingested into HMRC’s systems and allocated to the correct taxpayer’s account."

From whence this blithe assumption that correctly formatted data will be "accurately ingested" by HMRC's systems?

With RTI (and almost all HMRC systems of the last 12+ years) there were already a plethora of target systems ... and, more importantly, a host of (mostly undocumented) processes and routines for the post-processing of submitted data before moving it on to other unimproved elderly databases.
Yet all they planned to build was a simple front-end (data capture with file-format validation) ... capable of feeding these elderly systems - but not necessarily with the right data in the right place or at the right time (to paraphrase Eric Morecambe).

Hence the premature but justified cries of anguish from me (and other developers) when it became apparent at the start of the last decade that: 1) HMRC had no intention of even reviewing let alone modernising their monolithic but unintegrated back-end systems; 2) and were only belatedly even trying to get to grips with the fact they didn't even know *who* knew how those various batch processes worked (and what happened when they didn't).

I even recall a Director happily saying, at a large gathering in Euston Towers' in response to one of my points: "Well if they're unknown unknowns then there's nothing much you can expect us to do about it" ... and waiting for the applause (that never came)!

They didn't learn then and haven't done so since ... and still show no signs of understanding that they're responsible for building each new edifice on a platform of quicksand that exists in a quantum state of uncertainty.

Thanks (11)
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By Open all hours
03rd May 2023 21:00

Seiss grants were ripe for pre population.
P60s should have followed and then CIS deductions suffered.
All this is supposed to be in house but I fear I’m being naive and over optimistic.

Thanks (7)
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By Open all hours
03rd May 2023 21:00

Duplicate (again).

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By Catherine Newman
04th May 2023 08:48

This is a pie in the sky aspiration. Portfolio managers do not produce consolidated tax vouchers until around the end of June-a particular bugbear of mine.

Where will information about capital gains come from?

APIs still don't come down into PTP.

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By listerramjet
04th May 2023 09:25

The problem with HMRC and tech is that it’s marketing department has failed to understand that the modus operandi is Micawberish, and still relies on abacus and quilled pens. We have seen how the private sector is able to harness technology, and equally how Whitehall hasn’t!
What it needs is an independent analysis of requirements and a dictatorial approach to MUST HAVES.
But what it really needs is a simpler tax code that is fit for purpose and not subject to ministerial whim.

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Replying to listerramjet:
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By johnjenkins
04th May 2023 09:37

What it really needs is for us to take over all the admin of HMRC and let them get on with the job of investigating and collecting. That's what agent strategy was all about.
Why should HMRC have the more or less only access to information when we have been asked to act as agent for the tax payer? Please don't give me that "fraud" ploy. Scammers can get into anything.

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Morph
By kevinringer
04th May 2023 10:47

Another HMRC dream. Over 10 years ago HMRC was going to deliver the Agent Dashboard that would enable agents to (1) register clients for SA and receive a UTR at the end of the process (2) self-authorise clients and (3) amend clients PAYE codes online. HMRC's announcement was in February 2012 for delivery of the first tools a mere 2 months later. But here we are 11 years later and HMRC has failed to delivered any of the 2012 announcements. Meanwhile HMRC's IT is falling apart. 11 years ago 100% of our SA returns were captured. Today, a sizeable number are not captured and we have to phone HMRC to tell bring to their attention their failure to capture data they have received digitally. Why don't HMRC notice their own IT failures? Back in 2015 HMRC announced how it was going to make better use of data HMRC already held, with the first phase starting in 2017. That's well before Covid, so HMRC can't hide behind Covid as an excuse. But here we are in 2023 and HMRC is still not making use of the data it already has. And since then we've had plenty of new HMRC IT that is substandard eg 30/60-day CGT. HMRC needs to stop dreaming and fix its existing systems.

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By Ajtms
04th May 2023 10:54

But HMRC still can't get the basics right. On 6 July 2022 I lodged a client's 20221/2022 SA100 electronically and got their automated receipt. To this day, HMRC have not yet copied the captured tax return data onto their SA computer. After some months of telephone chasing and HMRC's insistence that I lodged a paper return with no figures on it whatsoever, thus suggesting it was my fault, I made a formal written complaint on 12 December. Whilst they acknowledged the complaint by telephone, they have still not yet copied my client's 2021/2022 tax return data from their receiving server to their SA server. Until HMRC can put right existing problems and mount them on solid foundation they should not attempt to bring about any more data changes.

Thanks (2)
Replying to Ajtms:
Morph
By kevinringer
04th May 2023 11:06

After one of my client's Tax Return still remaining uncaptured after 18 months (and numerous phone calls to the ADL bringing it to their attention ; the ADL saying it was on a manual worklist with a 24-month backlog), I submitted a complaint. That eventually got it captured, but that took some months. I am having to submit complaints to get routine matters dealt with. These are all for transactions with I have submitted digitally to HMRC (whether that is a return or online form) but HMRC has not processed end-to-end digitally. Why does HMRC have so many manual processes for data HMRC receives digitally?

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By mydoghasfleas
04th May 2023 12:29

It amuses me to see HMRC wants to extend powers to inspect the information providers' systems. How could it know what it is doing? It cannot make its own disparate collection of systems, with their work arounds, glitches and programmed nonsense, speak to each other or to the taxpayer. It needs to make sure its system are capable and robust enough to import data and handle it appropriately, or else it will be using a spreadsheet to do it.

I hope HMRC has not done a deal with Fujitsu for the software. Horizon worked out so well for sub-postmasters and the Post Office.

I understand HMRC may be striking for up to 18 days this month. Has anyone noticed?

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Tornado
By Tornado
04th May 2023 16:25

The more we hear of these ambitious ideas, the more ridiculous they sound.

Communication by email is a great idea that most people already use, but not HMRC.

Communication and interaction with HMRC is appalling and well below the levels dictated by legislation (HMRC Charter).

We have a very odd tax year with most people accounting to the end of months. PAYE is a constant embarrassment when trying to explain to clients that HMRC thinks the end of April is actually the 5th May.

I could literally write pages of this stuff about how HMRC are about as far down the digital scale of progress as the abacus, and spend most of their time in a fantasy world rather than dealing with everyday matters that are the real priority.

All this and a new threat from AI to deal with as well. How long now before they melt down completely.

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By integraoutsourcinguk
05th May 2023 07:13

As we look to the future of HM Revenue and Customs (HMRC), it is clear that updated data gathering methods will be necessary to ensure continued success. In order to effectively collect and manage tax revenues, HMRC must have access to accurate and timely information about individuals and businesses.

One potential solution to improve data gathering is to implement new technologies that can automate the process of collecting and analyzing data. For example, advanced data analytics tools and artificial intelligence could be used to sift through large volumes of information and identify patterns and anomalies.

In addition to technological advancements, HMRC must also prioritize collaboration with other government agencies, as well as businesses and individuals. By working together, they can assure that data is shared in a secure and efficient manner, allowing for better decision making and improved outcomes.

It is clear that updated data gathering is essential to the future of HMRC. By investing in new technologies and fostering collaboration, they can ensure that the organization is well-positioned to meet the evolving needs of taxpayers and maintain its critical role in ensuring the stability of the UK’s tax system.

Thanks (0)
Replying to integraoutsourcinguk:
Tornado
By Tornado
05th May 2023 09:03

A great answer but very bland and without an opinion.

Looks to me like AI has been at work.

Thanks (1)
Replying to Tornado:
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By Hugo Fair
06th May 2023 19:28

Whether bot or human, it certainly uses all the PR 'tricks' of conjoining reasonable statements as if they create a complete story (instead of a bunch of non sequiturs).

For example ... "One potential solution to improve data gathering is to" - so let's hear what are the other 'potential solutions' (given that this one runs out of fuel before reaching its destination)?

Also ... "By working together (with other government agencies), they can assure that data is shared in a secure and efficient manner" - a tad far-fetched when in practice they are unable to achieve this with data solely under their own control!

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By the_Poacher
05th May 2023 07:51

This is likely to be the usual HMRC disaster. Ambitious plans, tiny budget. Not enough staff with skills and time to work on it. Budgets slashed midway through requiring rescoping (aka not delivering the benefits in the overly optimistic business case. I’m the end the professionals will be left to work with a crap system labelled, as always, as a great success.

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