Friday 1 May 2015

HMRC Faces Legal Challenge Over LDF

Accountancylive reports that HMRC could face a legal challenge over its decision to offer UK taxpayers with undeclared HSBC Swiss bank accounts the chance to settle via the Liechtenstein Disclosure Facility (LDF), rather than prosecuting them for tax avoidance which would have seen many pay higher penalties.

Solicitors Leigh Day have been instructed by global online campaign group Avaaz to send a ‘pre-action’  letter to HMRC regarding the tax authorities’ actions over the Falciani list of names of around 3,600 UK taxpayers (also referred to as the Lagarde list).

The letter invites HMRC to explain the basis and terms on which it made the LDF offer; explain how many taxpayers used the LDF settlement and why this was possible as their accounts were in Switzerland at the time; and provide an analysis of the impact on tax receipts.

HMRC has 30 days to respond to the Avaaz letter, after which the group can apply to a judge to launch the review.


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