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HMRC loses more than £800m to small business 'phoenixing'

The tax authority lost £836m to the practice in the 2022-23 tax year, the latest for which data is available, 45 per cent higher than the £570m estimated in previous reports

HM Revenue and Customs (HMRC) sign(Image: PA)

HM Revenue & Customs (HMRC) has suffered a loss of over £800m, a figure higher than previously estimated, due to a tax loophole exploited by small businesses in the º£½ÇÊÓÆµ.

This loophole, known as 'phoenixing', involves companies repeatedly liquidating and then re-establishing themselves as new, debt-free entities, as reported by .

The tax authority reported a loss of £836m to this practice in the 2022-23 tax year, the most recent period for which data is available. This figure is 45% higher than the £570m loss estimated in earlier reports.

HMRC attributes this loss to delays in companies declaring insolvency during the pandemic era.

Phoenixing was responsible for approximately one-fifth of HMRC's tax losses, i.e., money owed but uncollectable, for the 2022-23 tax year.

HMRC seeking to tackle 'phoenixism'

HMRC is now taking steps to combat 'phoenixism', a practice that is especially common among retail firms and is illegal when used to evade tax and other debts.

Dan Neidle, founder of Tax Policy Associates, explained to the FT: "If I have a building company and I go bust and I set up another building company, that is not a scam . . . But when someone does it deliberately to engineer an escape from their creditors, be it HMRC or anyone else, that is a scam."

A report on tax evasion by the National Audit Office (NAO) last year revealed that HMRC estimated total losses from tax evasion between 2022 and 2023 to be £5.5bn. Small businesses were attributed with causing 81% of this loss, marking a 66% surge since 2019 to 2020.