Pure Tax Investigations: HMRC Tax Investigation Specialists announced the release of their latest WDF article for AccountingWEB earlier this year, ‘Should HMRC ramp up offshore liability nudge letters?’ which was written by founder and managing director Amit Puri to provide up-to-date statistical information from HMRC on the Worldwide Disclosure Facility.

With 10+ years of direct experience at the UK tax authority – HM Revenue and Customs – and over 10 years in the private sector, Amit leverages his specialist tax disputes resolution expertise to analyse the facts and figures concerning HMRC’s “nudge-letters” as well as the non-disclosure related action taken. In India this problem is often referred to as offshore ‘black money’ and it has had its own disclosure facilities in the past.

What is the Worldwide Disclosure Facility (HMRC WDF)?

The Worldwide Disclosure Facility (HMRC WDF), which can be used to disclose a UK tax liability relating to an offshore issue, has now been running since September 2016.

It’s still running, providing individuals who have earned income or achieved gains overseas with a streamlined opportunity to bring their tax affairs up to date, by means of making a voluntary disclosure through an online portal. Provided a full and complete disclosure is made, there is no need to meet HMRC face-to-face or engage in numerous rounds of correspondence about the facts.

“Making such disclosures to HMRC can be uncomfortable, as one must recount what has been done (or not) and explain why. Experienced tax investigation and disclosure specialists will understand this part well and seek to provide peace of mind to their clients, while keeping abreast of WDF developments and HMRC’s practices” added Amit.

What do the HMRC WDF disclosure statistics show?

Let’s start by reviewing the number of WDF disclosures received by HMRC and the number of nudge letters, or one-to-many letters, as HMRC likes to call them nowadays, that were sent. The article has detailed figures, but some 53,000 WDF disclosures have been made (up to and including 2024/25).

From the WDF’s humble beginning in September 2016 where 88 disclosures were received (presumably in the calendar year), then ramping up in 2017, and then the most ever were received in 2018 and 2019 per year. This coincided with the Requirement to Correct (RTC) window. This was so that disclosures could still be based on the regular offshore penalties regime. After that window closed, all disclosures had to be based on the newer, much more aggressive Failure to Correct (FTC) offshore penalties regime — for tax years up to and including 2015/16.

… the average penalties per disclosure has remained quite flat. Averaging a little over £1,000 at their lowest, and up to about £2,500 for other years. We expected them to rise over time as more FTC penalties are involved.

WDF disclosure numbers remaining flat

It is safe to say the number of WDF disclosures received annually has remained quite flat too, which again is quite surprising. But, notably, the number of nudge letters sent out by HMRC has decreased in relative terms over the years, despite more offshore financial accounts data being available to HMRC and their supposedly advanced IT and innovative analysis tools.

So it doesn’t come as a surprise to see that the average taxes secured per disclosure have not increased over time. This is despite the newer extended 12-year tax assessing rule for offshore matters being introduced. One should expect there to be more tax years included in WDF disclosures over time, all other things being equal.

There seems to be no good reason for the average taxes recovered figures being much lower for 2021/22, and for it being much higher for 2022/23. These seem to be anomalies.

Fewer WDF disclosure nudge letters

Interestingly though, it could be that the significant reductions in the number of nudge letters sent in 2021 and 2022 have contributed to the lower yields from disclosures in 2021 onwards. We compared this to the higher tax revenues in earlier years when a lot more nudge letters were sent out.

It is clear that annual revenues from WDF disclosures have never recovered, and neither have the number of nudge letters sent out.

The article had detailed annual figures, but let’s note that in total some £815,654,804 had been raised in taxes, interest and penalties.

Some £665m was secured in taxes, through the WDF. When we include associated late payment interest and penalties thereon, the total revenues are c.£816m. This excludes the future benefit of voluntary compliance, where clients maintain their correct footing and file accurate tax returns as appropriate in the future.

Could HMRC do more to encourage more WDF disclosures?

Of course. There seem to be material issues with their handling of the offshore financial data and/or the quality of that data. It is plain to see the number of WDF disclosures made has remained painfully minuscule compared to the enormous volume of banking data received and available…

As an example, look at the number of disclosures received for 2018 and 2019 — a total of 16,589 — but consider the number of offshore accounts reported to HMRC in say 2017 or 2018 — around 3–4m. The data exponentially eclipsed the number of disclosures.

Also, in May 2022, HMRC reported that in 2019, UK residents had some £850bn in offshore financial accounts. Also, in their No Safe Havens 2019 report, they reported to have received some 5.67m records in 2018 alone pertaining to offshore bank accounts.

There seems to be a lack of ambition at HMRC, despite being armed with so much offshore banking data they could probably swim in it. So it should come as no surprise that we still strongly believe the number of WDF disclosures made has always directly been influenced by the number of nudge letters sent by HMRC.

*** CONTACT: Pure Tax Investigations, 63 St Mary Axe, London, EC3A 8AA, United Kingdom +44 203 7575 669 / pure-tax.com

How can we help with WDF disclosures?

If you or your client has been contacted by HMRC about non-UK / offshore income / Indian interest income and offshore bank accounts then we can help steer that worldwide disclosure facility process, to keep it on track and focused, to bring about a swift and commercial conclusion. We will fully review the underlying records to identify investment interest income, dividends, and gains on assets, so that we robustly prepare annual tax calculations. We are not in the business of procrastinating.

Importantly, we deliver that all-important trusted ‘buffer’ between our clients and HMRC during their in-depth and intrusive investigations and in all voluntary disclosures too.

From experience and speaking to other practitioners, we noted that HMRC has been writing to people with much smaller levels of income overseas and/or those who have not been in the UK for long. That too signals the end of any low-hanging fruit era. But the take-home message remains that, those who wait for HMRC to contact them lose the ability to make a wholly voluntary disclosure and are therefore unable to secure the minimum FTC penalties (100%). Unfortunately, prompted FTC penalties start at 150%.

It is still a good time to review a client’s overseas activities, accounts and wealth to ensure UK taxes on investment income and gains are correctly calculated, disclosed and paid. We encourage seeking out specialist tax disclosures advice where there is a lack of experience in making them and handling corresponding inquiries, to secure the very best possible outcomes for our clients, based on robust knowledge about tax assessment rules regarding time limits, the various offshore penalty regimes that apply, and double taxation relief quirks.

Founded by ex-senior Tax Inspector Amit Puri, who boasts over ten years of direct experience at HM Revenue and Customs, Pure Tax Investigations is a tax investigation specialists boutique firm, offering expert Tax Investigations and Disputes, Business Enquiries and Disclosures support. Along with wider HMRC specialist support to their clients and their existing advisers, as well as some tax restructuring, estate planning and other tax advisory services.

Pure Tax Investigations has become renowned for its pragmatic, client-centric approach, offering clear and bespoke tax advice tailored to each client’s unique tax concerns and business aspirations. Utilising a wide range of local and international accounting and tax knowledge, the HMRC tax investigation specialists provide peace of mind and certainty to clients by ensuring HMRC is effectively managed.

Amit Puri, Pure Tax Investigations: +44 20 3757 5669 / info@pure-tax.com