Category: Tax Planning

Tax defaulting in Croydon has moved back into focus following an update to HM Revenue & Customs’s (HMRC) “current list of deliberate tax defaulters” on GOV.UK. The list was updated on 26 March 2026 and publishes details where HMRC has charged penalties for deliberate defaults involving more than £25,000 of tax and where the taxpayer did not secure the maximum penalty reduction by fully disclosing the defaults. 

In the latest publication, several entries are linked to Croydon addresses, including a BOXPARK-linked food business: WTP Croydon Ltd (formerly trading as What the Pitta). HMRC’s published figures for that entry show £146,629.43 of tax on which penalties were based and a £64,150.37 penalty for a period of default from 1 July 2017 to 31 January 2023. 

HMRC’s deliberate defaulters list really means

HMRC’s deliberate defaulters publication is not a general “late payment” list. It is a specific legal regime that allows HMRC to publish identifying details after an investigation, after deliberate-default penalties are charged, and once those penalties are final (for example, once an appeal window has passed, an appeal is determined, or a contract settlement is agreed). 

Publication is permitted where the penalties involve tax of more than £25,000 and the person did not achieve the maximum reduction available through full disclosure. In other words, disclosure behaviour matters: people can keep their details off the list by cooperating and fully disclosing from the outset of a compliance check. 

A few points that are easy to miss but crucial for reading the list correctly:

• Addresses are time-specific. HMRC explicitly warns that the address shown is the one associated with the person or business at the time of the default—and that current occupants at that address may have no connection to the published person/business. 
• The figures are not “total debt”. HMRC notes the amounts shown relate to the tax/duty on which penalties are based, and the list “does not necessarily represent the full default of the taxpayer”. 
• Publication is time-limited. Details remain on GOV.UK for a maximum of 12 months, with HMRC typically reviewing and updating the list quarterly to keep within that legal limit. 

HMRC also makes clear that the list itself is time-bounded and not archived for the National Archives, reinforcing that it is designed as a deterrent mechanism rather than a permanent record. 

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Tax defaulting in Croydon – The BOXPARK case study

The BOXPARK-linked entry matters because BOXPARK is not just another high street unit—it is a highly visible venue. BOXPARK Croydon was developed as a container-based food and drink destination beside East Croydon station, with the council publicly backing the regeneration narrative around a “gateway” location. 

Council-backed launch and funding context

Croydon Council published its intention to support bringing a Boxpark marketplace to Ruskin Square, explicitly describing the stripped and refitted shipping-container design and the aim of creating a year-round events courtyard. 

A council key-decision document (April 2015) records approval of a £3,000,000 loan to support delivery, alongside references to a programme of council-backed activity and operational support (including a five-year pop-up programme and a viability grant). 

Later local reporting also describes the council redirecting an “Ambition Festival” budget towards BOXPARK-related launch/event activity and refers to additional subsidies in the first years of operation. 

Vendor pressures in the early years

It is important to separate venue trading conditions from tax conclusions. HMRC’s listing is about deliberate defaults and closed penalty positions; it does not, by itself, explain why a business got into difficulty or how cash flow was managed.

That said, contemporary reporting from 2018–2019 describes pressure points commonly faced by street-food operators in container venues: significant fixed costs, footfall volatility, and churn among traders. For example, one report described monthly rents and service charges totalling £2,750 (£2,000 rent plus £750 service charge) for a trader at the time and noted a sharp reduction in listed outlets between late 2016 and early 2018. 

A later report quoted tenants discussing typical combined rent/service-charge costs of around £3,000 per month (plus electricity), alongside complaints about footfall and event-day disruption. 

Croydon entries on the HMRC list updated 26 March 2026

The table below summarises the Croydon-linked (address-associated) entries visible on HMRC’s current list updated 26 March 2026, including the BOXPARK-linked takeaway and other sectors (commercial vehicle sales, property development, care, and property income). 

Two practical cautions are worth repeating when an address is high-profile (like BOXPARK):

HMRC states that the address is the one associated at the time of the default, and current businesses trading at the same site may be unrelated. 

Underpaid tax, penalties, and what the published figures do not tell you

The “nearly £150k” framing seen in local discussion is consistent with the published tax figure for WTP Croydon Ltd: £146,629.43 is close to £150,000, and that can be enough to trigger strong public reaction because publication is designed to deter deliberate non-compliance. 

But there are three important technical limits to what you can conclude from the published table:

HMRC Publishes Only the Tax and Penalty Figures

HMRC releases two key numbers in each entry:

• The amount of tax or duty on which the penalty is based
• The penalty charged by HMRC

However, the list does not explain the underlying issue. For example, it does not state whether the case involved the following:

• VAT underpayments
• Corporation Tax errors
• PAYE or payroll failures
• A combination of several tax issues

This means the published entry gives only a financial snapshot rather than a detailed narrative of the compliance failure.

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The Published Tax Figure May Not Reflect the Full Default

Another important clarification is that the amount labelled as “tax” in the list does not necessarily represent the total liability discovered during HMRC’s investigation.

HMRC explicitly notes that:

• The figures shown relate only to the tax on which the penalty calculation is based.
• The actual amount owed to HMRC may be higher.
• Additional liabilities may have been settled separately during the investigation process.

Because of this, readers should not assume that the tax figure shown equals the full underpayment identified in the case.

Penalty Percentages Can Vary Widely

The relationship between the tax amount and the penalty can differ significantly across cases.

For example, Croydon-linked entries on the March 2026 list show penalties ranging from around 44% to 95% of the tax involved.

This variation occurs because HMRC calculates penalties based on several factors, including:

• The behaviour of the taxpayer (careless vs deliberate actions)
• Whether the taxpayer disclosed the issue voluntarily
• The level of cooperation during the investigation
• The timing of disclosure and corrective action

Businesses that make an early disclosure and cooperate with HMRC often receive lower penalties and may avoid public naming altogether.

If you are checking the list for due diligence (suppliers, landlords, franchise partners), here is the approach we recommend in practice:

• Treat the list as a risk flag, not a complete case file. 
• Cross-check publication timing. HMRC only keeps details up for 12 months and updates regularly (often quarterly). A person may disappear because the legal time limit expired, not because the situation “improved”. 
• Remember there is no right of appeal against the decision to publish (separate from appeal rights on tax/penalty decisions), so the correct moment to manage exposure is early—before penalties become final and publication criteria are met. 

How We Help Businesses in Croydon Stay Tax Compliant

At Apex Accountants, we help Croydon businesses reduce the risk of painful compliance surprises and reputational damage.

We typically support clients with:

• Tax compliance health checks (VAT, PAYE, and CIS where relevant) to spot weaknesses before HMRC does.
• Bookkeeping clean-ups so returns are supported by reliable records and the right evidence trail.
• Disclosure support where errors are discovered, focusing on early, complete, and well-structured disclosure in line with HMRC expectations. 
• Penalty and appeal support by working with your legal/tax advisers on the evidence and timeline behind HMRC decisions (especially where deliberate behaviour is alleged). 
• Cashflow planning around tax liabilities, including support preparing information that can help with HMRC engagement when a business is under pressure.

Conclusion

The March 2026 HMRC publication puts a sharper lens on tax defaulting in Croydon, not because the borough is unique, but because the list makes deliberate compliance failures visible—often with headline figures that are easy to misunderstand without context. 

For local readers, the BOXPARK-linked entry is a reminder of two parallel truths: high-profile venues can amplify reputational fallout, and the published figures are still a narrow slice of a wider compliance story (time-bounded, address-specific, and not necessarily the full amount owed). 

FAQs about the HMRC deliberate tax defaulters list

1. What is the HMRC deliberate defaulters list?

It is a GOV.UK publication where HMRC can publish identifying details of people or businesses that have been charged penalties for deliberate defaults involving more than £25,000 of tax, once penalties are final. 

2. How often does HMRC publish or update the list?

HMRC reviews the list regularly and says changes are usually made on a quarterly basis, partly to ensure entries are not published longer than the 12‑month legal maximum. 

3. How long do names stay on the list? 

A defaulter’s details are held on GOV.UK for a maximum of 12 months from the date first published. 

4. Can you avoid being named and shamed?

HMRC advises taxpayers involved in a compliance check to disclose errors early, cooperate, and resolve the check promptly—because that affects penalty reductions and publication risk. 

5. Can you go to jail for tax evasion in the UK?

Being on the deliberate defaulters list relates to civil penalties and is not the same as a criminal conviction.  Separately, serious tax fraud offences can be prosecuted and can carry substantial custodial sentences, with the Sentencing Council noting maximums that include 14 years’ custody for certain fraudulent evasion offences, and life imprisonment for “cheat the public revenue.” 

Returning from the Middle East during wartime is an emotional decision, but for many British expatriates, it also brings a potential returning expatriates UK tax bill.The UK tax system doesn’t simply ‘start fresh’ the day you land at Heathrow; under HM Revenue & Customs’ statutory rules the moment you cease to be a non‑resident, your worldwide income and gains may fall into the UK tax net. Understanding the statutory residence test (SRT), the temporary non‑residence rules and recent changes to the non‑dom regime can make the difference between an orderly transition and an unexpected six‑figure tax bill.

How the Statutory Residence Test for Returning Expatriates Captures Tax Residency

The SRT determines whether you are a UK tax resident in any tax year. It begins with simple day-count rules. Spending 183 days or more in the UK during a tax year automatically makes you a UK resident. Conversely, if you were a UK resident in at least one of the three preceding tax years and spend fewer than 16 days in the UK, you are automatically a non‑resident; that threshold rises to 46 days if you were not a resident in the prior three years. A third automatic overseas test allows non‑residence if you work full‑time abroad, spend fewer than 91 days in the UK, and do not exceed 30 UK workdays.

For those who do not meet an automatic test, HMRC applies the ‘sufficient ties’ test, a crucial aspect of the tax residency rules for returning expatriates. The more connections (family, accommodation, work, and 90-day ties) you have to the UK, the fewer days you can spend here before becoming a resident. 

Individuals who were UK residents in one or more of the preceding three years can become residents with as few as 16 days in the UK if they have four UK ties, 46 days with three ties or 91 days with two ties, illustrating how strict the tax residency rules for returning expatriates can be. Those with no recent UK residence need more days to trigger residency, but the principle is the same: the greater your social and economic ties, the sooner HMRC will treat you as back in the UK tax net.

Exceptional circumstances offer only limited respite. HMRC allows up to 60 days of UK presence to be disregarded where events beyond your control keep you here, but the bar is high. The internal manual explains that the concession usually applies only when the Foreign Office advises against all travel to your host country, such as during civil unrest or natural disasters. Even then, the maximum 60 days is a limit; any additional days count towards residence. HMRC emphasises that exceptional circumstances generally do not apply merely because a crisis prompted you to return to the UK.

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The Five‑Year Trap: Temporary Non‑Residence Rules

Simply being a non-resident doesn’t automatically exempt you from UK tax on gains. Under the temporary non-residence rules UK, gains and income can still be taxed when you return within five years. HMRC’s temporary non‑residence rules catch individuals who were UK residents in four out of the seven tax years before departure and return within five years. In that case, capital gains and some distributions realized during the period of non‑residence are treated as arising in the tax year of return. 

The 2025 version of the HMRC helpsheet notes that a gain made while abroad can be taxed when UK residence is resumed. Crucially, the five‑year clock counts full tax years; someone who left in April 2021 and returns before April 2026 will fall within the rules even if they lived abroad for almost five calendar years.

The implications for Gulf‑based executives are stark. Many earn tax‑free salaries and realize gains on shares or businesses while abroad. If they return within five tax years, those historic gains can be taxed at UK rates of up to 20 percent for capital gains and 39.35 percent for dividends. The rules also apply to certain income, such as close company distributions and some partnership profits. Assets acquired during the overseas period are normally exempt, but exceptions apply where relief was rolled over from a UK asset.

A New Non‑Dom Regime: Who Qualifies?

HM Treasury announced in 2024 that the long‑standing domicile‑based tax regime would end from 6 April 2025. Domicile will no longer determine access to the remittance basis; instead the government is introducing a residence‑based foreign income and gains (FIG) regime. 

The policy paper states that the new rules will provide 100 per cent relief on foreign income and gains for newcomers during their first four tax years of UK residence, provided they have not been UK tax resident in any of the ten preceding years. 

Protection for income and gains in trusts will end for non‑doms who do not qualify. This relief is aimed at attracting internationally mobile talent, not at returning expatriates; most Gulf returnees will have been UK tax resident within the last decade and therefore will not qualify. In addition, any foreign income or gains that arose before 6 April 2025 under the old remittance basis will still be taxed when remitted to the UK.

Practical Considerations and Risks for a Returning Expatriates UK Tax Bill

• Day Counts and Tax Residency:
  
  • Vigilance over day counts is crucial. An unplanned overnight stay or UK business trip could result in triggering tax residency.
    
  • 183 days automatically makes you a tax resident in the UK, but fewer days can still suffice, particularly if family or accommodation ties are considered.
    
  • Meticulous record-keeping of your arrivals and departures is essential to avoid being caught out.
    
  • If travel to the Gulf is unsafe, consider spending time in a third country to manage your days of residency.
    
• Split-Year Treatment:
  
  • For permanent returns, explore whether split-year treatment can reduce UK tax exposure.
    
  • HMRC’s Statutory Residence Test (SRT) allows a tax year to be split into UK and overseas parts.
    
  • Only income arising in the UK part of the year will be taxed.
    
• Temporary Non-Residence Rules:
  
  • If you’ve sold a business or other assets while abroad, ensure you review whether the temporary non-residence rules apply.
    
  • Gains on assets acquired after leaving the UK are generally excluded from UK tax.
    
  • However, exceptions apply to assets linked to earlier UK holdings.
    
  • To avoid unexpected tax liabilities, consider timing disposals to ensure the five-year period elapses before your return, as required under the temporary non-residence rules UK, or arrange to defer your return until after the tax year ends.
    
• National Insurance Contributions (NICs):
  
  • When returning to work in the UK, your National Insurance contributions will likely resume.
    
  • You must notify HMRC and file a Self Assessment tax return by 5 October following the tax year if you have untaxed income to report.

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How Apex Accountants & Tax Advisors Can Help

Apex Accountants & Tax Advisors has extensive experience supporting globally mobile clients. We help expatriates calculate their UK day counts, interpret the SRT and assess whether exceptional circumstances can be claimed. Our advisers can model the impact of temporary non‑residence rules on historic gains, evaluate eligibility for the new FIG regime and structure asset disposals to mitigate UK tax. If you are considering returning from the Middle East, we can assist with split‑year claims, Self Assessment registration and National Insurance planning, and liaise with HMRC on your behalf. 

Contact us for a confidential consultation before you book your flight home; proactive planning is essential when days in the UK are limited.

FAQs

1. How many days can I spend in the UK without becoming tax resident? 

If you spend 183 days or more in the UK in a tax year, you are automatically a resident. However, you may become a resident with far fewer days once your UK ties are taken into account.

2. Do exceptional circumstances excuse additional UK days?

HMRC may disregard up to 60 days if you are forced to stay in the UK due to events beyond your control, but only where the Foreign Office advises against all travel to your country.

3. What is the temporary non‑residence rule? 

It applies if you were UK resident for at least four of the seven tax years before departure and you return within five tax years. Gains and certain income arising during that overseas period are taxed in the year of return.

4. Can I avoid tax on assets sold while abroad?

Gains on assets acquired after you left the UK are usually excluded, but gains on assets owned before departure or linked through rollover relief can be charged under the temporary non‑residence rules.

5. Who qualifies for the new foreign income and gains (FIG) regime? 

From 6 April 2025 new arrivals can claim 100 per cent relief on foreign income and gains for four years if they have not been UK tax resident in the previous ten years. Returning expats who were recently UK resident are unlikely to qualify.

6. Do I need to register for Self Assessment when I return?

You must tell HMRC by 5 October following the tax year if you have foreign income or gains to report. Employees without other untaxed income may not need to register.