18/09/2025
The new tax adviser legislation from HMRC has sparked concerns about placing an undue burden on professionals, particularly sole practitioners and small firms. Here are some key points to consider:
- Mandatory Registration: Tax advisers interacting with HMRC on behalf of clients will need to register and meet minimum standards. This aims to raise standards in the tax advice market and provide taxpayers with greater protection.
- Potential Burden: Critics argue that the legislation is cast too widely, imposing significant new burdens and uncertainty on advisers without delivering better outcomes for taxpayers.
- Exemptions: Professionals already subject to robust regulation, such as legal services, insolvency, audit, licensed conveyancers, and independent financial advisers, may be excluded from this requirement.
- Implementation Timeline: A transitional period of at least three years is expected to allow unaffiliated tax advisers to join professional bodies. Implementation may be possible by 2028, pending legislation and system readiness.
Some potential benefits of the legislation include:
- Improved Standards: Raising standards in the tax advice market to provide taxpayers with greater assurance and protection
- Enhanced Security: Strengthening controls on access to HMRC's services to deter unscrupulous actors
However, concerns remain about:
- Increased Costs: Potential costs for businesses offering tax advice and services, which may lead to increased costs for clients
- Administrative Burden: Additional administrative tasks and potential disruption for tax practitioners and HMRC
Overall, the legislation aims to strike a balance between raising standards and minimizing extra costs and burdens for taxpayers, tax practitioners, and professional bodies.
Starting in April, tax advisers must register with HMRC and comply with minimum standards in a move slammed as 'unfair' by the Law Society