Controversial new powers being considered by HM Revenue and Customs could result
in monies owed to the tax man being taken directly out of taxpayer bank
accounts.
HMRC is seeking the new powers to reduce the cost and effort of chasing 200,000
people who haven't paid all of their tax through the courts each year, even
though it says that the majority of these cases go undefended.
A consultation paper looking at payments and debts states: "Taxpayers
who owe money to HMRC frequently have sufficient funds or assets to pay their
debts, but choose to delay doing so. HMRC currently lacks the full range of
powers to ensure prompt payment."
The proposals, if approved, would allow HMRC to freeze an amount held in an
individuals's bank account equal to their tax debt. This would be paid to
the department by the bank or building society in question only after other
methods of collecting the money had failed. The consultation document also asks
for views on whether it should be allowed to demand cash from the sale of land
or property, including homes, if people do not pay up.
HMRC says that the consultation paper forms part its work to modernise its
powers and deterrents. It invites comments on a range of ideas to make it easier
for taxpayers to pay on time and improve the way in which HMRC deals with those who do
not. The deadline for submitting comments is 17 September 2007.
The proposals have however, provoked criticism from tax experts, who are warning
that the measures would represent an unacceptable extension of HMRC's powers.
"We've got to have safeguards to say that it's definitely owed and properly
proceeded against," John Whiting, a tax partner at PricewaterhouseCoopers,
told the BBC News website. "The taxpayer's got some rights of appeal because
if you suddenly find some money disappearing from your bank account and it's
a mistake, well, how do you get it back?"
Mike Warburton of Grant Thornton told the Financial Times that: “It seems
a pretty serious extension of their (HMRC's) powers.” The Chartered Institute
of Taxation also expressed “quite serious concerns" about the proposals
in the same report.
The proposals come as HMRC begins sifting through hundreds of thousands of
bank accounts held by those believed to be hiding money offshore, following
the passing of the deadline for the Offshore Disclosure Facility last month.