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Tuesday, Apr 01, 2025

Prosecution of Tax Evasion Enablers in the UK Declines Sharply

Prosecution of Tax Evasion Enablers in the UK Declines Sharply

Prosecutions have dropped by 75% over five years, raising concerns over HMRC's enforcement capabilities.
Prosecutions targeting enablers of tax evasion in the UK have decreased significantly, with fewer than five criminal cases recorded for the fiscal year 2023-2024. This represents a decline of at least 75% from 2018-2019, when 16 such prosecutions were reported.

The enablers, defined as any individual who knowingly assists a client in evading taxes, form a critical aspect of HM Revenue and Customs' (HMRC) strategy to recover owed funds for the Treasury.

The disparity in prosecution numbers has prompted scrutiny from various political figures.

Labour party officials have voiced their intent to enhance public finances through stricter measures against tax avoidance and evasion.

Notably, the Labour peer Prem Sikka has criticized HMRC for the lack of transparency regarding these prosecutions, indicating that the figures released previously were incorrect and that the authorities have not adequately addressed this failure.

The Treasury had initially asserted that there were 29 prosecutions in the 2018-2019 period, but HMRC later revised this figure to 16. The decline in prosecutions occurs against a backdrop of broader enforcement challenges faced by HMRC, which have been attributed to the effects of Brexit and the COVID-19 pandemic.

Previous reports indicated that overall prosecutions resulting from HMRC investigations fell by more than two-thirds over five years, raising concerns about the effectiveness of the agency's anti-fraud measures.

Notably, since new powers were introduced in 2017, no corporate entities have been prosecuted for aiding tax evasion.

The recent Labour government has ramped up pressure on HMRC to address tax avoidance, aligning its objectives with broader funding commitments.

The tax gap—the discrepancy between estimated tax revenues and actual collections—was estimated at nearly £40 billion for the fiscal year 2022-2023, the latest available data.

Last autumn, Labour outlined its first budget in 14 years, proposing measures aimed at generating £6.5 billion through increased scrutiny of tax practices.

Just last week, additional plans were announced in a spring statement to further this effort by an estimated £1 billion.

Economic analysts have expressed concern that without visible prosecutions, the prevalence of professionals facilitating tax evasion will persist.

Dan Neidle, an expert in tax policy, emphasized that low numbers of prosecutions could undermine public confidence in the tax system.

In response to these developments, an HMRC spokesperson acknowledged inaccuracies in the prosecution figures relayed to parliament, offering an apology.

They asserted that tackling tax fraud enablers continues to be a top priority, with over 150 individuals currently under criminal investigation.

Officials also stated that requests for information are subject to review and appeal processes.
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