This review, commissioned by the previous Chancellor and the Financial Secretary, sets out the things that drive tax complexity, and some ways that officials making policy can work to prevent or mitigate t

In November 2021, HM Treasury published the first five-yearly review of the OTS, concluding that the need for the OTS remains undiminished.

In the government’s response to the Treasury’s review of the OTS, the Financial Secretary to the Treasury, Lucy Frazer QC MP, said the Treasury’s review gave:

a clear endorsement of the importance of the role of the OTS and the work it does to advise the Chancellor on making the tax system simpler and easier for taxpayers to interact with.

As recommended in the Treasury’s review, the previous Chancellor and the Financial Secretary commissioned the OTS to carry out a review to define tax simplification and set out our aims and objectives.

This Review of Simplification is in response to that and discusses the OTS’s priorities and aims for the next five years, reaffirming our focus on those who need simplicity the most: individuals and small businesses.

Bill Dodwell, OTS Tax Director said:

The OTS welcomes this opportunity to set out what we mean by tax complexity, and the ways we, and government officials and ministers, should look to prevent or mitigate it.

Recommendation

The OTS is not a policy-making body; that’s for officials and ministers. With that in mind, this report has only one recommendation: that the principle of simplification should be better embedded in the general tax policy making process. Whilst undoubtedly officials will not set out to make complex law, sometimes the policy itself or other drivers will make it so.

It suggests a framework of questions which officials and ministers may wish to consider when developing and re-visiting policy to look for complexity and mitigation:

1) Are the rules, their purpose and their consequences easy to understand and predict? Are the tax rules logical, with their purpose understood and the outcomes of choices clear and running with the grain of the lives and businesses they encompass? Do they add complexity when taken in aggregate with the immediate and wider existing rules?

2) Are the rules and their administration taking advantage of modern developments, including technology? Can technology shoulder some of the administrative or process burden for taxpayers? Can technology help manage the complexity without undermining informed choice? Is this technology available and accessible for the majority, and how are the digitally excluded or challenged served? Are tax policies capable of being implemented in a digital manner?

3) Is it easy enough to comply with the rules? As well as the core rules themselves, can taxpayers understand the administration, processes, and obligations? Whether they are in scope, what they need to do and when? Is the cost to taxpayers, intermediaries, advisers, and government proportionate?

4) Can taxpayers be better supported? Are there ways that intermediaries can take some of the burden away from taxpayers in reporting or payment, or by directing taxpayers to HMRC guidance? Is the guidance fit for the audience? Are advisors enabled to help their clients manage their tax affairs, including through access to taxpayer data and HMRC systems?

This report recognises that this should neither be as simple nor as rigid as a ‘checklist’ but considered proportionately and meaningfully.