Showing posts with label David Hartnett. Show all posts
Showing posts with label David Hartnett. Show all posts

Tuesday, 25 October 2016

Some Taxpayers Are More Equal Than Others


Wise words indeed from CIOT:
"HMRC’s communications (perhaps restricted by taxpayer confidentiality), have not recently convinced the public that laws are applied to all taxpayers equally."
They are not just wise but also ironic, given that "confidentiality" doesn't seem to apply to "off the record" briefings to journalists!

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Monday, 24 October 2016

#HartnettGate - OSA Breached


Regarding Hartnett's briefing to journalists in 2012.

Please correct me if I am wrong, but don't HMRC employees have to sign the Official Secrets Act (OSA)?

That being the case, does this briefing not constitute a serious breach of OSA?

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Friday, 21 October 2016

Hartnett Broke The Prime Directive


As loyal readers are aware Hartnett has hit the headlines again, the Supreme Court has ruled unanimously that HMRC unlawfully disclosed confidential information to journalists about financial advisors Ingenious Media, known for promoting film investment schemes.

Hartnett gave journalists from The Times an "off the record" briefing in 2012.


Economia reports that during the course of the briefing, agreed to be “off the record”, the journalists instigated a conversation with Hartnett about Ingenious, its CEO Patrick McKenna about a film investment scheme. Some of the information was used in a later Times story.

A 2013 High Court judgment struck out Ingenious' breach of confidentiality claim against HMRC on the basis that the briefing was off the record. Ingenious also lost an appeal in 2015.

The highest court in the land, however, ruled that HMRC had breached its duty of confidentiality.

Lord Toulson, the Supreme Court justice, said in his ruling, “The information supplied by Mr Hartnett to the journalists about Mr McKenna and Ingenious Media was confidential in nature, in respect of which HMRC owed a duty of confidentiality.”

“The fact that Mr Hartnett did not anticipate his comments being reported is not a justification for making them. The desire to foster good relations with the media and to publicise HMRC’s view about tax avoidance schemes and speculation that the journalists may have subsequently informed Mr Hartnett about other tax avoidance schemes do not provide sufficient justification for the disclosures either.”

Ingenious has been awarded costs and is now considering whether to seek compensation.


As some of you have also observed, this breach of taxpayer confidentiality strikes at the very core of HMRC's "prime directive" of confidentiality.

As per Lord Toulson:
The whole idea of HMRC officials supplying confidential information about individuals to the media on a non-attributable basis is, or should be, a matter of serious concern.
Will Hartnett and those others responsible be prosecuted for this?


Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 19 April 2016

Blair Got Advice From Hartnett


As loyal readers know, HMRC is keen to promote its "customer friendly" credentials and is often at pains to point out that taxpayers (sorry "customers") can get in touch with HMRC to discuss their tax queries etc.

Well it seems that HMRC are not kidding, that is at least the case for ex Prime Ministers anyway.

It appears according to reports in the Times that Tony Blair, when he left office, was granted (or at least his advisers were granted) an audience with Dave Hartnett.

For why?

Blair wanted to arrange the most tax efficient structure for some form of offshore trust that would handle his "consultancy" income from various foreign organisations/governments. Reporters were told that Blair uses an interest-in-possession (IIP) trust to receive payments from his consultancy work

Economia reports that MPs are expected to write to the Public Accounts Committee (PAC) to call for an investigation into “special treatment of high-profile individuals by HMRC”.

The question is, if you or I had asked for an audience with Hartnett would we have received the same treatment that Blair got?

Oh and by the way, re yesterday's article about HMRC's consultation on a new offence aimed at businesses which fail to prevent tax evasion.

Will that apply to HMRC as well?


Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 24 March 2015

Mr Fixit


Dave Hartnett quoted by the Telegraph at yesterday's PAC:
"I was approached to join a committee looking to make the bank secure for the future after its difficulties in Mexico and Switzerland. The idea of helping to make a huge bank secure for the future appealed a lot for me."
Job done!

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Saturday, 21 March 2015

Hodge vs Hartnett



Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 10 March 2015

HMRC Okays HSBC Peerage

It seems that HMRC failed to tell Downing Street about evidence of serious misconduct at HSBC’s Swiss arm despite being asked to vet Stephen Green, the executive chairman of its parent bank, over his suitability to join the House of Lords as a government minister in 2010.

The Guardian notes that HMRC confirmed only Green’s personal compliance with UK tax laws while clearing him for the peerage. It did not inform the government that it was in possession of thousands of secret account files from the Swiss bank, which implicated HSBC in tax evasion and other potential criminal offences.


For why?

Dave Hartnett, HMRC’s then head of tax, said:
HMRC is asked to provide an indication of reputational risk for appointments of peers in relation to their tax compliance history only.”
Fair enough, maybe.

However, one would have thought that a little "blue sky thinking" and imagination by HMRC would have spurred it to point out that there may be problems down the line with the bank and the peerage.

Does this mean that HMRC lacks initiative and imagination, or does this mean that HMRC was simply trying to keep a lid on things?

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Monday, 9 February 2015

The Revolving Door Revolves In HSBC's Favour



Lucky for HSBC, the go to bank for tax advice, that it has Dave Hartnett onboard as honesty advisor.

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Thursday, 25 July 2013

Hartnett's £50K Holiday Bank



Richard Brooks has just tweeted the following:
"What would your boss say if you asked to cash in 70 days unused leave? Have £50k? So said HMRC to retiring D Hartnett"
Seemingly, being able to cash in such a large holiday bank is not within the rules for less elevated civil servants (I understand that the norm is about a week or so).

Comments and views welcome!

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 25 June 2013

Homer Marriage Broker?


PAC, or rather a member of PAC, managed to get under Lin Homer's skin during yesterday's PAC meeting about tobacco smuggling.

Homer denied that Dave Hartnett's new firm (Deloitte) had played any significant role in major tax deals struck with private companies.

Margaret Hodge said there was a suggestion that Deloitte had been the "preferred facilitator" when deals were struck.

Homer (as per The Herald) said:
"Not to my knowledge and I don't see any evidence to suggest that they were playing either a preferred or significant role in our large disputes." 
The Conservative MP Richard Bacon tweaked Homer's nose by saying:
"What's really of interest is those occasions when you were buying advice from a firm such as Deloitte and the same firm was also selling its advice to a large taxpayer such as, to take one example, Vodafone.

If you were turning out to be the marriage broker who introduced the adviser to the company..."
To which Homer swiftly rebutted:
"That is an assertion that I do not accept, Mr Bacon."
A classic example of a problem arising from not just what is done, but what is seen/seems to be done (ie form over substance).

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 28 May 2013

Hartnett Joins Deloitte


I see that Dave Hartnett has been given permission to join Deloitte (albeit on a part time basis). I seem to recall that Hartnett has in the past criticised Deloitte for tax related issues.

Here is a link to the letter giving permission.

Deloitte
New Appointment announced May 2013
Mr Hartnett sought permission to accept a part-time role with Deloitte, which will involve providing advice to overseas tax administrations and governments.

When considering the application the Committee noted that Mr Hartnett’s appointment with Deloitte would involve supporting the development of tax administrations in other countries. It was also noted that whilst working in Government, Mr Hartnett did have official dealings with Deloitte, and that he also dealt with a wide range of major accountancy and law firms during his time in HMRC and the Inland Revenue before that.

The Prime Minister has accepted the Committee’s recommendation that the application be approved subject to the conditions that he:

- should not draw on any privileged information available to him whilst in Crown service;
- has no involvement in either a representative or advisory capacity for any taxpayer that he has been involved with whilst at HMRC;
- is not involved whilst engaged by Deloitte in any work considering how UK taxation, for any of their clients, can be mitigated or avoided;
- has no involvement in negotiation or management of contracts with HMRC;
- has no involvement in discussions with other fiscal authorities of UK’s confidential tax policy where he has been involved in that area of work in HMRC; and
- does not become personally involved in lobbying Government on behalf of his new employer for two years from his last day of service.



Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Thursday, 16 May 2013

UK Uncut Loses Case


UK Uncut Legal Action has lost its High Court action against HMRC.
"Not a glorious episode in history of Revenue."

Now we await the knighthoods and assorted gongs for those in HMRC who helped save Osborne embarrassment.

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Friday, 3 May 2013

Saving Face


As loyal readers know, politicians will do anything to save face. In fact so desperate are they to burnish their self perceived reputations and egos, that they pressurise their civil servants and departments to do all they can to protect their political masters.

Such is the case, as pointed out by a loyal reader, with HMRC and Dave Hartnett.

Documents released in court yesterday show that Hartnett and HMRC cut a deal with the giant vampire squid, Goldman Sachs, partly to avoid the embarrassment of the bank pulling out of a new tax framework.

Reuters reports that, based on an email sent by Hartnett dated 7 December 2010, Hartnett approved the deal to avoid embarrassment to himself and to George Osborne:
"The risks here are major embarrassment to the (finance minister), HMRC ... you and me, not least if (Goldman Sachs) withdraw from the Code."
Politics is an ugly business, that erodes the fabric of decency and honesty on which society should be based.

My thanks to a loyal reader who has provided a link to the Hartnett email and to Hartnett's witness statement.


Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 20 March 2013

Auditor Independence - Perceptions Matter


As an ex auditor (both external and internal) and having had some considerable experience of fraud investigations and compliance work, I can state that it is a fundamental requirement in order for an auditor to be able to do his/her job in a professional and credible manner (and for the audit report to have credibility) that he/she and the department that they work for are not only independent but perceived to be independent.

When that independence is undermined by, eg, an unhealthy close relationship with the auditee, or by unhelpful dissemination of information about ongoing audits to third parties, then the auditor can no longer perform his/her function.

My thanks to a loyal reader who pointed me to a recent article in the Guardian that shows that the National Audit Office (NAO) has had its independence severely compromised by the alleged actions of its own boss Amyas Morse.

The Guardian reports that Morse, who set up a judge-led review into the "sweetheart" multimillion-pound tax deals between HMRC and corporations, undermined the whole process by telling Dave Hartnett (when he was still head of HMRC) that the inquiry would find "nothing of substance".

For good measure Morse told his staff that the review by Sir Andrew Park would find no evidence of serious wrongdoing.

In an email marked "private and confidential – please do not pass on to anyone without coming back to me", sent by Hartnett on 15 December 2011 to 10 senior HMRC officials Hartnett wrote that he had held a meeting that afternoon with Morse which was "useful and interesting". 
Hartnett went on: 
"Amyas has been insistent that Andrew Park tackles the cases one at a time. He [Morse] has told me that he has made clear to the NAO that his expectation is that nothing of substance will be found in the review."
Morse apologised for the way that Hartnett's officials had been treated by PAC:
"He [Morse] did not envisage things playing out the way that they have and was sorry for the individuals in HMRC who had been bruised by the actions of the PAC and for the difficulties the department had experienced." 
It is clear from the text that the relationship between NAO and HMRC has become far too cosy; as such the perceived independence of NAO has been severely compromised, which means that NAO can no longer perform its role effectively.

QED!

By the way, does anyone know what has happened to the whistleblower Osita Mba?
Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 30 January 2013

HSBC Recruits Dave Hartnett



I see that HSBC has recruited Dave Hartnett (who retired from HMRC last year) who, along with others, will head a new financial crime committee that will be set up to ensure tighter compliance with tightening global regulations.

The setting up of the committee follows HSBC's settlement in December of allegations by US regulators that it had moved billions of dollars in cash from its affiliate in Mexico to the US, despite concerns raised with HSBC that the money could only have involved proceeds from illegal drugs.

The $1.9BN fine was the largest ever imposed on a bank.

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 25 September 2012

Tax Planning In Retirement



Now that Dave Hartnett has retired he can use his experience of HMRC and this country's complex tax affairs to help others.

My thanks to several loyal readers who pointed me to the fact that Dave spoke last Thursday in New College Oxford, at the gala dinner of the Key Haven Publications tax planning conference.

Unfortunately Dave's speech was interrupted when a group calling themselves WeAreTheIntruders, posing as employees of Goldman Sachs and Vodafone, presented him with a bouquet of flowers and the "Lifetime Achievement Award to Corporate Tax Planning", otherwise known as the "Golden Handshake".

A video of the scene has been made by the group. One diner is heard to say:
"You will depart immediately, before we set the dogs on you." 
Another a diner is heard calling the protesters "trespassing scum". 

All a tad puerile, as Hartnett retired from HMRC in July and is perfectly at liberty to attend and speak at whatever functions he wishes.

Tax does have to be taxing.



Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Taxwise.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Thursday, 9 August 2012

Homer's Noble Purpose



My thanks to a loyal reader who dropped me a note about a recent hot seat question and answer session, in which Lin Homer was asked about tax avoidance.

The exchange, according to my loyal reader, went as follows:
"Q: Ian Barlow (the new lead HMRC non -executive director) has been reported in the press as saying: 

'There is no meaningful distinction to be drawn between acceptable tax planning and unacceptable tax avoidance.'

 Do you agree with this statement? 

If not can you explain why a person holding such views has been appointed to a senior position in HMRC? 

Edward Troup (the new Tax Assurance Commissioner) has written that: 

'Taxation is legalised extortion'

In the same article he said that the judgement about whether to engage in tax avoidance or not was 'not immoral'. 

Do you agree with these sentiments? 

If not would you again explain why such a person could be appointed to a senior position in HMRC? 

Lin Homer responded: The views that Ian Barlow expressed in the article were several years old, and in fact he was making the point that legally there is no distinction between acceptable tax planning and unacceptable tax avoidance. 

In that sense, he was correct in what he wrote. 

Since that time Ian has worked very closely and successfully with Dave Hartnett to bring tax as an issue to be discussed in the Boardrooms of major companies, making responsible tax policy a Board-level subject for debate and oversight. Edward Troup’s comments were also made in an old article. 

The debate about the morality of tax avoidance is a live issue today, and I would prefer to regard paying all due taxes on time in terms of a noble purpose, rather than in terms of morality. 

I think morality is an issue for theologians and politicians, rather than for civil servants. 

The reason both Ian and Edward have been appointed to their new positions is because of the vast experience they bring in both tax and business, and this will be invaluable to HMRC."
Egad!

Paying all taxes is a "noble purpose"!

I would agree with her that the issue of "morality" is not for the civil service, but is instead an issue for theologians. However, I would most certainly not agree with her that morality is an issue for politicians.

I refer Homer to my article in June, in which I said:
"A politician lecturing us on morality is as natural as a cat walking on its hind legs."
May I make a suggestion that at future hot seat Q&A sessions, if appropriate, loyal readers from HMRC start quoting from this site and/or suggesting that Excom start to read this site (just to see what the reaction is).

You never know, they may learn something!

Tax does have to be taxing.



Professional Cover Against the Threat of Costly TAX and VAT Investigations

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 1 August 2012

Bye Bye Jack

My thanks to a loyal reader who has reminded me that yesterday was Dave "Jack" Hartnett's last day in orifice.

Farewell Jack, see you soon when you come back as a consultant!

Tax does have to be taxing.



Professional Cover Against the Threat of Costly TAX and VAT Investigations

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 3 July 2012

HMRC's New Laid Back Approach - Welcome Edward Troup



HMRC have announced the appointment of Edward Troup as the new Tax Assurance Commissioner (to take over from Dave Hartnett), and Ian Barlow as the Lead Non-Executive Director to succeed Mike Clasper.

The official statement from HMRC is as follows:
"HM Revenue & Customs (HMRC) has announced the appointment of a Tax Assurance Commissioner and a Lead Non-Executive Director, as part of its new governance arrangements.
Edward Troup, currently HM Treasury’s Director General for Tax and Welfare, has been appointed Tax Assurance Commissioner and second Permanent Secretary at HMRC. He will be responsible for shaping tax policy and strategy, tax professionalism, and will oversee and provide assurance of large tax settlements. Reporting directly to Chief Executive Lin Homer, Mr Troup will succeed Dave Hartnett, who is retiring on 31 July, and will sit on HMRC’s Executive Committee. Mr Troup will take up his post in August.

Ian Barlow, currently Chair of WSP Group plc, has also been appointed as the Lead Non-Executive Director, in succession to Mike Clasper, whose contract is coming to an end.

Exchequer Secretary to the Treasury, David Gauke MP, said: "I am delighted to welcome Edward and Ian to these appointments. They both bring specialist tax knowledge and an understanding of how HMRC operates. Their wide experience will add depth and breadth to HMRC’s leadership at both Executive and Board level."

Chief Executive Lin Homer said: “I am delighted to announce the appointment of Edward Troup to this substantial and challenging role. HMRC will greatly benefit from his considerable tax knowledge and legal expertise, and he will play a critical role in providing rigour and challenge within HMRC, in order to ensure the transparency and integrity of the UK tax system.”

She added: “I am also very pleased that Ian Barlow has accepted the role of Lead Non-Executive Director at HMRC. This is an important governance role, chairing the Board and providing supportive challenge to the Executive Committee in developing and delivering HMRC’s vision and strategy, and ensuring HMRC delivers its performance and customer service objectives.”

Edward Troup said: “HMRC is an organisation with a great tradition. I look forward to joining Lin Homer’s senior management team and continuing with the department’s transformation into a modern and professional tax administration.

”I want to ensure that HMRC’s well-deserved pride in its achievements and its high standards are properly reflected in public confidence that all taxpayers, large or small, are being treated fairly.“

Ian Barlow said: “I am looking forward to building on the strategic vision developed by HMRC and Mike Clasper, and to supporting HMRC to meet its multiple objectives, including its obligations to its customers and stakeholders. The role of the Non-Executives is to be critical friends, both advising and encouraging HMRC’s Executive in its delivery and holding it to account for its actions.”

Notes to editors1. Edward Troup began his career as a tax lawyer, working with law firm Simmons & Simmons, until joining HM Treasury as a special adviser on tax, between 1995 and 1997. Edward returned to Simmons & Simmons in 1997, before rejoining the Treasury in 2004 as Director of Business and Indirect Tax.

2. Ian Barlow has held a wide range of appointments in the public, not-for-profit and private sectors. He is currently Chair of WSP Group plc and Director at Smith and Nephew and at the Brunner Investment Trust. He was recently appointed a Non-Executive Director at HMRC.

3. The Lead Non-Executive Director replaces the role of the Chairman, in accordance with the Code of Good Practice introduced by the Government in 2011.

4. The Tax Assurance Commissioner was appointed using Civil Service Commissioner Recruitment Principles and the Lead Non-Executive was appointed following a full Public Appointments Process."
I cannot but help making a wee smile to myself when reading Lin Homer's fulsome praise of Troup, given her somewhat rocky relationship with Margaret Hodge and PAC.

For why?

Only last November Hodge accused Troup of being "laid back", as per the BBC:
"MPs on the Public Accounts Committee clashed with top civil servants over the value-for-money of increasing the amount of benefits that are means-tested.

The hearing on 2 November 2011 followed the publication of a report by the National Audit Office that said that the government needed to have a greater understanding of the impact of means-testing.

Committee chair Margaret Hodge accused Edward Troup from the Treasury of having a "laid back" approach to his department's role in the distribution of benefit, a stance denied by Mr Troup."
Barlow also seems to be an interesting appointment he is, amongst others, Chairman of WSP a global design engineering and management consultancy specialising in Property, Transport & Infrastructure, Industry and Environment projects. 

However, Barlow has many other strings to his bow, as per LinkedIn he is also:

Non Executive Director
Public Company; 5001-10,000 employees; SNN; Medical Devices industry
March 2010Present (2 years 5 months) Strand, London
European based medical devices group
November 2009Present (2 years 9 months) City of London
Global growth investment trust
July 2009Present (3 years 1 month) Ascot racecourse
The trade body for Britain's racecourses
August 2008Present (4 years) Victoria, London
NDPD that administers Horserace betting levy
Nonprofit; 501-1000 employees; Museums and Institutions industry
July 2008Present (4 years 1 month) Hampton Court Palace,
Charity that looks after the five unoccupied Royal Palaces in London
July 2008Present (4 years 1 month) Victoria, London
Helps British companies do business in and with China.
June 2008Present (4 years 2 months) Victoria, London
Non executive director, Chairman, Audit Committee

Gosh, with so many hats to wear I wonder how he will find the time to work for HMRC?

Tax does have to be taxing.





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TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

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Thursday, 14 June 2012

NAO Publishes Settling Large Tax Disputes



In May I wrote that I had been advised by the National Audit Office (NAO) that their delayed report into "HMRC's Sweetheart Deals" ("Settling Large Tax Disputes") would come out in the beginning of June.

Well, here we are on 14 June (midway into the month) and the NAO have published their report.

The report into five major tax settlements by HMRC, including deals with Goldman Sachs and Vodafone, concludes that the final payments were “reasonable and the overall outcome for the exchequer was good”.

However, the report criticises HMRC for:

-failing to follow strict official processes,
-for refusing to consult its own lawyers before agreeing to drop litigation, and
-for weak internal communications that bred a climate of suspicion within the department.

The latter point is most certainly true, as it chimes with the regular comments/feedback from HMRC staff on this site and their emails to me; it is good that the NAO have picked this issue up and drawn attention to it. However, as to whether there will be an improvement within HMRC remains to be seen.

HMRC are quoted by the Telegraph:
We welcome today’s report. 

We have always maintained that the settlements represented good value for the UK.
The phrase "welcome today's report" rather makes me smile and brings back memories of when I ran an internal audit department, for whenever anyone used that phrase to me they invariably meant that they were really pissed off that their shortcomings had been brought to the attention of others.

Notwithstanding the NAO report and vindication of Dave Hartnett, UK Uncut have been granted their day in court to challenge HMRC's decision on Goldmans. This decision will be subjected to a judicial review, where HMRC said it “will strongly contest” UK Uncut’s application to quash the settlement.

Whatever the outcome of that review Margaret Hodge, chairman of the Public Accounts Committee, has also flagged the issue of processes being bypassed and internal communications failures:
"This report confirms my committee’s concerns about the uncontrolled way that HMRC has been doing secret deals with large companies. If the final settlements in these cases were reasonable, as Judge Park has concluded, questions still remain over why officials bypassed the proper processes.

With billions of pounds of tax at stake it is extremely worrying that the department failed to involve its own specialists in the final negotiations and follow its own rules by settling for less than it could have won in litigation."

Here is the summary of the report
"On the basis of Sir Andrew Park’s reports, I conclude that the settlements reached by HMRC in these five cases were all reasonable. Moreover, in settling them, the Department successfully resolved multiple, long-outstanding tax issues.

However, our concerns over the processes by which the settlements were reached have been confirmed. It was not appropriate to set up governance arrangements specific to certain cases or to fail to apply processes correctly. Poor communication with staff also undermined confidence in the settlements."
Amyas Morse, head of the National Audit Office, 14 June 2012

The National Audit Office has concluded, on the basis of an examination by former High Court tax judge Sir Andrew Park of five large tax settlements, that all five settlements were reasonable and the overall outcome for the Exchequer was good. However, the spending watchdog has expressed concerns about the processes by which the settlements were reached and over poor internal communication of the reasons for settlement.

The NAO review of the settlements followed serious concern by the Public Accounts Committee about how HM Revenue & Customs had handled them or overlooked governance arrangements. The NAO also examined the basis of concerns expressed by whistleblowers.

According to today’s report, all five settlements were reasonable for the Department to have reached under the circumstances and at least one may have been better than reasonable. These large settlements are complex and there is no clear answer to what represents the ‘right’ tax liability. In each case, there was a range of justifiable positions the Department might have taken. The NAO’s examination included consideration of whether the settlement in each case was as good as or better than the outcome that might be expected from litigation, taking into account the risks, cost, uncertainties and timescale of the latter option.

Specialist staff were sometimes excluded from the final settlement negotiations and the Department did not always ensure that these staff involved understood the reasons for settlement. Poor internal communication of the reasons resulted in a loss of confidence in the settlements, both internally and externally.

It is not clear that all settlements were fully compatible with the Department’s Litigation and Settlement Strategy. For instance, there are some disputes where the only possible outcomes are either that the taxpayer owes nothing or that it owes the full amount. In these circumstances, the Department’s Litigation and Settlement Strategy does not permit ‘splitting the difference’. In one settlement, the Department settled for less than if it had won in litigation.  This was reasonable, given the costs and uncertainties of litigation, but was not clearly compatible with the Strategy.

In most cases, there was no need to seek legal advice before agreeing settlement terms. In one case, the Department did not consult its lawyers when it should have done because there was ongoing litigation.

The findings of today’s report confirm the NAO’s concerns regarding the governance arrangements operating in these cases. The Department has acknowledged that its governance processes need strengthening and is introducing new arrangements, including the appointment of an assurance Commissioner, who will approve all large settlements.
As ever, comments and opinions from loyal readers are very welcome.

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"