HMRC: The war on furlough fraud and how they will fight it

By Brabners LLP

28 Jan 2021

In an effort to shield the economy from serious harm the UK government presented a cornucopia of financial support packages to individuals and businesses.

These have included the Self-employed Income Support Scheme (SEISS), Coronavirus Job Retention Scheme (furlough), Coronavirus Business Interruption Loan Scheme (CBILS), Coronavirus Large Business Interruption Loan Scheme (CLBILS) and Bounce Back Loan Scheme (BBLS). All of the above have given directors and individuals the opportunity to claim money from the public purse.

The latest figures for amounts claimed under the various schemes, as reported by the government are as follows:

Scheme                                    Date of statistic                         Value of Claims  (£billion)           

Furlough                                   12 December 2020                    46.4

SEISS Tranche 1                      19 July 2020                             7.8

SEISS Tranche 2                      15 November 2020                    5.9

SEISS Tranche 3                      13 December 2020                    4.8

CBILS                                       13 December 2020                    19.64

CLBLIS                                     13 December 2020                    4.97

BBLS                                        13 December 2020                    43.54

Total                                         13 December 2020                    133.05

 

The above figures have been compiled from the publicly available HM Treasury coronavirus statistics. They are the headline figures and more detailed statistics on number of loan facilities approved, number of claimants and number of employee schemes, amongst others, are available on the UK government website.

The National Audit Office issued a press release on 23 October 2020 containing estimates on the levels of error involved in the issuing of support payments. They stated that HMRCs fraud hotline had received well in excess of 10,000 referrals regarding coronavirus support payment fraud. They elaborated that the scale of fraud and error is likely to be considerable and that the current estimates of HMRC, that 5-10% of furlough payments and 1-2% of SEISS grants are based solely on assumptions and not evidence and that true visibility would likely be unavailable until the end of 2021.

HMRC Investigates

The Treasury has paid a substantial amount of money by way of grants and loans and HMRC will no doubt be gearing up for an impetuous assault on all those who did not return erroneous payments by the 20 October 2020 deadline.

Under the Finance Act 2020, Schedule 16 paragraph 8 sets out that any person who is the recipient of a coronavirus support payment where they were not entitled to it will become liable for that amount as income tax. Not being entitled to the payment can be either due to a change in circumstances or for not using the monies to reimburse the costs they were intended to cover within a reasonable period. The amount of income tax chargeable is the amount which the person was not entitled to or the amount as has not been repaid. In essence, this is a 100% clawback provision for the full amount received under the scheme and it applies to companies even where they are chargeable to corporation tax. In the case of partnership, paragraph 9 emphasises that an assessment made against one partner is jointly and severally enforceable against all partners.

Under paragraph 13 of the Finance Act, when such an assessment as above is made Schedule 41 of the Finance Act 2008 applies to a failure of a person to notify, under section 7 of the Taxes Management Act 1970, a liability to income tax under paragraph 8 of schedule 16 Finance Act 2020, that the person was not entitled to the amount of the coronavirus support payment in relation to which the tax is chargeable. The failure to notify HMRC is treated as deliberate and concealed and thus excludes paragraph 6 (b) and (c) in schedule 41 Finance Act 2008 meaning the penalty is 100% of the potential lost revenue.

As an example, if a person or company who was not entitled to a coronavirus support payment received £10,000 then upon assessment HMRC would impose an income tax liability of £10,000 - full clawback of the amount advanced. In addition, there would be a further penalty for deliberate failure to notify HMRC of the liability of 100%, meaning the total liability would be £20,000.

Liability for Insolvent Directors

It comes as no surprise that the Finance Act contains plenty of weapons for HMRC to deploy against directors of companies which have become insolvent (or insolvency is considered likely) and who have received coronavirus support payments to which they were not entitled.

Where a company has been served with a notice under the above delineated paragraph 8 of the Finance Act 2020 and subsequently enters into an insolvency process or there is a serious possibility that it will, paragraph 15 of the Finance Act 2020 provides that an individual will be jointly and severally liable for the company’s assessment where there is a serious risk that the income tax liability will not be paid.

Where a now insolvent company has received £10,000 in support payments and HMRC have penalised it in the same way as the above example (100% penalty on top) and the insolvent company is not in a position to repay that liability HMRC can serve notice on its directors or shadow directors. As a director this means you could be served with a £20,000 notice.

Your risk

If you are a company director or an individual who has received coronavirus support payments and you are concerned that you were not entitled to it, the self-assessment deadline of 20 October 2020 has passed. That, however, does not mean you should not take action and does not mean there is no possibility that you can rectify your error.

HMRC will no doubt be increasing its surveillance and investigations of payments it made where it is not entirely satisfied that they were legitimate. You must take immediate professional advice if you are concerned and our Insolvency Team can assist you.

Latest news

1

Heineken to invest £2.16m to improve eight Lancashire pubs The Old Oak Longridge, pic courtesy of The Old Oak

Heineken to invest £2.16m to improve eight Lancashire pubs

05 May 2026

2

£350m ‘Mini-Canary Wharf' gives Blackpool global appeal Blackpool Holiday Inn

£350m ‘Mini-Canary Wharf' gives Blackpool global appeal

05 May 2026

3

EG On The Move seals 27-site deal Zuber Issa, pic provided by EG On The Move

EG On The Move seals 27-site deal

01 May 2026

4

FWP’s community goal for Trafford FC is a winner Trafford FC plan

FWP’s community goal for Trafford FC is a winner

01 May 2026

5

Strong results in first year as EOT for Conlon Construction Conlon board includes Andrew Makinson, Lee Parry, Nadine Ng, Darren Lee, and chairman Guy Parker

Strong results in first year as EOT for Conlon Construction

30 Apr 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Society1 Open Coworking Day
LBV Hub Networking
06 May 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 16:00

The AI Lab: E-commerce
LBV Hub Seminars
08 May 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

Fire Warden Training
Logo.jpg.jpg
LBV Hub Seminars
11 May 2026

Fire Warden Training

Bell Lancaster, Cleveley House Farm, Miller Brow, , Forton, PR3 1DR

09:00 - 15:00

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026 - 14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

U35 Networking Event
Logo.jpg.jpg
LBV Hub Networking
20 May 2026

U35 Networking Event

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin