Avoidance vs Evasion

Tax does have to be taxing.


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Future PM Endorses Tax Avoidance

 

It is gratifying to see that Angela Rayner, who will be our next Prime Minister in the coming months, has given her full throated approval and support to tax avoidance (which, as I am regularly reminding loyal readers, is perfectly legal).

Quite the volte farce from her earlier pronouncements of tax avoidance.

 

This Damascene Moment came to her when she purchased her £800K second house in Hove. Originally her office were telling the media that this was her second home necessary for work, and that her main residence remained in Ashton-under-Lyme. However, that seems to have been changed as she is now claiming Hove is her only residence (thus saving her £40K on second home stamp duty); as she has removed her name from the deeds of the Ashton-under-Lyme property.

Oddly though, for council tax purposes, she has told Tameside council that she still lives at Ashton-under-Lyme thus ensuring she avoids paying second home premium on council tax on her property there.

Tax does have to be taxing.



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Starmer Confuses Avoidance With Evasion

 

NEW

AI will help with “the fight against tax avoidance”, says Sir Keir Starmer this morning. Doesn’t he mean “evasion”?

— Christopher Hope📝 (@christopherhope) January 13, 2025

Tax does have to be taxing.

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Tax Avoidance Is Your Patriotic Duty!

God save the King!

Tax does have to be taxing.

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HMRC Names Marquee Ltd As A Tax Avoidance Scheme

🚨 We have named Marquee Ltd as a tax avoidance scheme. Anyone using this umbrella company should get help to exit. Find more details below 👇https://t.co/HEoFXz86Mk pic.twitter.com/33Buoxtyxo

— HM Revenue & Customs (@HMRCgovuk) April 24, 2023

These are schemes you gave DOTAS numbers that enabled the promoters to sell them for years as ‘HMRC-registered’.

Years later, you publish information about them while allowing the promoters to tweak them and get new DOTAS numbers from you to sell them as as ‘HMRC-registered’. pic.twitter.com/bL7gJP9G8f

— Osita Mba (@DrOsitaMba) April 20, 2023

Tax does have to be taxing.

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Tax Avoidance vs Tax Evasion

 

Tax avoidance and tax evasion are two terms used to describe different types of behaviour related to paying taxes.

Tax avoidance refers to the legal practice of arranging one's financial affairs in a way that minimises the amount of taxes owed. It involves using legal tax deductions, credits, and exemptions to reduce one's tax liability. Tax avoidance is considered acceptable and legal by all, except the ignorant and politicians looking for a soundbite.

Tax evasion, on the other hand, is the illegal practice of not reporting all of one's income or assets to the tax authorities in order to evade paying taxes. Tax evasion involves intentionally misrepresenting or concealing information from the tax authorities to reduce or eliminate one's tax liability. Tax evasion is illegal and can result in criminal charges and penalties.

In summary, tax avoidance is legal and involves taking advantage of legal tax deductions and exemptions to minimise one's tax liability, while tax evasion is illegal and involves intentionally failing to report income or assets to evade paying taxes.

Tax does have to be taxing.

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The "Grey" Area - Avoidance vs Evasion

 

The Yorkshire Post reports that HMRC has individuals under criminal investigation for offences classified as relating to disguised remuneration and the loan charge.

A spokesman for HMRC made the comments in response to a joint report from the All-Party Parliamentary Group for Anti-Corruption & Responsible Tax and TaxWatch which recommended that HMRC changes its approach to enforcement by using existing criminal law to prosecute the advisers behind the most aggressive tax avoidance schemes.

The report argues that much that is claimed to be "legal" tax avoidance is actually criminal tax fraud.

An HMRC spokesperson said: 

“HMRC is committed to tackling tax avoidance schemes targeted at individuals and the amount lost through them has fallen by two thirds since 2013/14.

We continue to make it harder for promoters to sell tax avoidance schemes and to reduce demand, stepping up our efforts to warn individuals about the risks of being drawn in to avoidance, and helping them to get out of a scheme once they realise that they might be caught up in one.”

HMRC has not clarified how many "promoters" have been prosecuted.

Tax does have to be taxing.

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HMRC Warns People To Stop Using Tax Scheme Promoted by Peak PAYE Ltd

 

HMRC has warned individuals using a tax avoidance scheme provided by Peak PAYE Ltd to withdraw from it and to contact HMRC as soon as possible.  

This latest publication of a tax avoidance scheme promoter comes after HMRC recently used new powers for the first time as part of its Don’t Get Caught Out campaign.  

The named tax avoidance promoter is Peak PAYE Ltd, of 86-90 Paul Street, London, EC2A 4NE.    

By paying contractors National Minimum Wage, and then paying the remainder of the contractors’ wage disguised as a financial option or as a salary advance, this promoter promised its users that they can avoid paying National Insurance and Income Tax.

Mary Aiston, Director of Counter Avoidance, HMRC, said:  

“Tax avoidance schemes are advertised as clever ways to pay less tax when in reality, they rarely work as the promoters promise, and it is the users that end up with big tax bills.  

“Naming tax avoidance promoters is one of the many steps we are taking to disrupt and drive scheme promoters out of business. We want to help ensure customers do not get caught out by tax avoidance.” 

HMRC has now published the details of three tax avoidance schemes and their promoters and will continue to add to this list in the coming months. This is not a complete list of all tax avoidance schemes currently being marketed or a complete list of all promoters, enablers, and suppliers. HMRC recommends steering clear of all avoidance schemes.  

HMRC also recently secured wins in two separate tribunal cases against the tax avoidance firm AML Tax (UK) Ltd, part of the Knox Group. AML Tax (UK) Ltd was successfully challenged over its refusal to provide details of three avoidance schemes, which follows a £150,000 fine for not providing HMRC with required information. 

While one tribunal said that evidence provided by director Arthur Lancaster was ‘inconsistent with the documentary evidence’ and ‘disingenuous’, both lower-tier tribunals ruled AML Tax (UK) Ltd should have disclosed the details of three tax avoidance schemes they promoted, and they could not appeal these decisions.  

HMRC’s Tax Avoidance – Don’t Get Caught Out campaign offers a range of tools to customers to help them steer clear of avoidance schemes, such as the interactive risk checker, payslip guidance, and case studies demonstrating the risks of becoming involved in a tax avoidance scheme and the warning signs customers should look out for.   

Customers who believe that they are involved in a tax avoidance scheme are advised to contact HMRC as quickly as possible by calling 03000 534 226. HMRC is also urging customers who have been encouraged to get into a tax avoidance scheme or have come into contact with someone selling tax avoidance schemes to report these to HMRC. 

The above statement from HMRC ignores the fact that tax avoidance is legal!

Tax does have to be taxing.

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Carol Bristow Against Review into Role of Promoters in Avoidance

 

According to FOI: HMRC's Carol Bristow was against a review into the role of promoters in avoidance, as that could have benefited the victims involved⁉️🤯 #LoanCharge Seriously, @lucyfrazermp, what else do you need to see to stop this abomination? @gregwrightYP @keithmgordon pic.twitter.com/GUAhdg8C8G

— Ministry of Fairness (@FairMinistry) January 25, 2022

Carol Bristow. is Director of Individuals Policy at HMRC

Tax does have to be taxing.

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Proposals to Clamp Down on Promoters of Tax Avoidance

New proposals to clamp down on promoters of tax avoidance

Published 20 July 2021

Contents

1. Who is likely to be affected
2. General description of the measure
3. Policy objective
4. Background to the measure
5. Detailed proposal
6. Summary of impacts
7. Monitoring and evaluation
8. Further advice

Who is likely to be affected

The measure will affect promoters and enablers of tax avoidance schemes.

The proposals supporting customers to identify and exit avoidance will benefit taxpayers.

General description of the measure

The measure is targeted at the most persistent and determined promoters and enablers of tax avoidance.

The proposed legislative changes are designed to clamp down on the supply of tax avoidance arrangements and include:

• a new power for HMRC to seek freezing orders that would prevent promoters from dissipating or hiding their assets before paying the penalties that are charged as a result of them breaching their obligations under the anti-avoidance regimes
• new rules that would enable HMRC to make a UK entity, who facilitates the promotion of tax avoidance by offshore promoters, subject to a significant additional penalty
• a new power to enable HMRC to present winding-up petitions to the Court for companies operating against the public interest
• new legislation that would enable HMRC to name promoters, details of the way they promote tax avoidance, and the schemes they promote, at the earliest possible stage, to warn taxpayers of the risks and help those already involved to get out of avoidance

Proposed revisions

Freezing Orders for promoters where there is a risk they will hide or dissipate assets

The proposed changes would enable HMRC to seek a freezing order where they are about to commence proceedings for a tribunal assessed penalty under current anti-avoidance legislation. For instance, where HMRC are about to make an application for a tribunal assessed DOTAS penalty.

The legislation would make it clear that this would satisfy the requirement for an existing cause of action, allowing HMRC to use this position to apply for a freezing order. HMRC would still need to show that it was appropriate for a freezing order to be granted.

Penalty on UK entities who facilitate tax avoidance schemes provided by an offshore promoter

The conditions, all of which must apply, under which the additional penalty may be charged are that:

a) The UK entity falls within the definition of a member of a ‘promotion structure’ (as introduced in Schedule 30 Para 10 Finance Act 2021).

b) A penalty or penalties under anti-avoidance legislation becomes due and payable on the UK entity in respect of their own activities.

c) The activities giving rise to the penalty or penalties under anti-avoidance legislation were undertaken within an offshore promoter structure.

d) The total value of the penalty or penalties under POTAS, DOTAS or DASVOIT legislation is equal to, or greater than, £100,000.00.

A penalty may also be charged where conditions a, b and c above are met and the UK entity is subject to an Enablers penalty under Section 16 Finance (No.2) Act 2017. The £100,000 threshold in this instance is not applicable.

The additional penalty for facilitating an offshore promoter’s business would be for an amount up to the total fees or amounts economically equivalent to fees earned by all those involved in the development and sale of that tax avoidance scheme.

Where it was not possible to determine the value of those fees, a best reasonable estimate would be used. There is also provision in the draft legislation for the additional penalty to be increased or for a new penalty assessment to be raised where further fees come to light at a later date.

Winding up companies that promote tax avoidance

The proposed new power to be included in the Finance Bill will enable HMRC to present a winding-up petition to the Court for companies who are operating against the public interest whether there is a debt or not.

The new HMRC power will mirror the approach that currently exists in the Insolvency Act 1986 by using any information acquired in connection with the Commissioners’ functions under section 5(1) of CRCA as a basis for considering winding-up action against a company.

Supporting taxpayers to identify, steer clear of and exit tax avoidance

This proposed power will allow HMRC to share information about promoters of tax avoidance and tax avoidance schemes earlier than it currently can or will be able to under the recently amended provisions in Finance Act 2021.

The proposed power would enable HMRC to name a particular scheme, its arrangements and how it is being made available to taxpayers or administered, from when HMRC first learns about it. The power will enable the naming of those associated with the entity carrying out the promoting activity by means of control or influence as well as any persons that carry out a role in selling the scheme to taxpayers.

The new power would also enable HMRC to publish any other information or documents relating to the arrangement, entities or individuals which HMRC reasonably believe will ensure that members of the public can identify the arrangements and understand them and the risks which attach to them.

The proposed changes would require HMRC to provide a 30-day period to those entities or individuals after HMRC have given them notice that they intend to name to allow them an opportunity to make representations as to why they should not be named. A final decision on whether to publish information would be made by an Authorised Officer.

 

A Data Protection Impact Assessment will be completed before the measures are implemented.

Tax does have to be taxing.

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HMRC Told To Practise What it Preaches

 

Members of a House of Lords committee have called on HMRC to “constantly review” the business practices of its contractors after it emerged that 15 were known to have used a controversial tax-avoidance measure the department is cracking down on.

Lord Bridges of Headley said that HMRC needed to practise what it preached following a session of the upper chamber’s Economic Affairs Finance Bill Sub-Committee that heard HMRC knew people who worked for it had used so-called disguised remuneration schemes. 

HMRC, quoted by CSW, said that it had "never endorsed or participated in disguised remuneration tax avoidance schemes".

"It is possible for contractors to use disguised remuneration without the participation or knowledge of their engager.

"Whenever it is discovered that a contractor, providing services to HMRC or RCDTS, is currently using a disguised remuneration scheme, HMRC (acting as the engager of contingent workers) acts promptly to terminate the relevant engagements.

"We do not investigate these cases any differently to other cases of suspected disguised remuneration, we are even-handed and treat all taxpayers equally.

"We continue to warn people about the risks of using tax avoidance schemes and our advice remains true – if something looks too good to be true, it almost certainly is."

Tax does have to be taxing.

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Windsor Tax Avoidance Capital of The UK

 

According to the Telegraph, Windsor has the highest concentration of tax avoiders in all 279 areas of the UK, and more than three times the average

So what?

Suffice to say the paper used the inaccurate and emotive phrase "tax dodging"!

Tax does have to be taxing.

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Sushi Ginger Nails It!

There is no such thing as "unlawful tax avoidance". @FT you should know this. There is:

1) Tax avoidance - legal
2) Tax evasion - illegal@HMRCgovuk is succeeding in their plan to confuse people into thinking they are the same.https://t.co/mSEE3b4RM2

— Sushi_ginger1 (@sushi_ginger1) July 20, 2020

Tax does have to be taxing.

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• Appeal to the First-tier Tribunal or Upper Tribunal
• Having the security of knowing that fees will be met in full will enable your Accountant (your tax return agent) to defend your position robustly
• Premiums are Annual Premiums.
• Premiums are inclusive of 12% IPT. 
• Premiums and IPT are due in full in advance / at commencement of scheme.
• There is a NIL excess on all policies.

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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"

Rishi Conflates Avoidance With Evasion

In yesterday's Budget Rishi Sunak has pledged extra funding to support HM Revenue & Custom's crackdown on tax avoidance, which the chancellor said would create an additional £4.4bn in revenue over the next five years.

Rishi Sunak said funds created by an upcoming "clampdown" on tax "avoidance, evasion and non-compliance" would be funnelled towards the NHS.

Mr Sunak said:

"I am announcing a package of measures today to clampdown on aggressive tax avoidance, evasion and non-compliance including extra funding for HMRC to secure £4.4bn of additional revenue."

Seemingly the proposal will see 1,300 staff added to operational teams within HMRC, intended to improve its compliance work and debt collection capabilities. 

Tax does have to be taxing.

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Media Needs To Learn The Difference Between Evasion and Avoidance

The Scotsman gleefully reports that

Edinburgh is one of the top spots for UK tax avoiders, a new investigation has revealed.

That is all very well and dandy, until you read the article and discover that the writer was referring to a report which said:

"The capital is home to 145 people who have admitted underpaying tax from offshore investments last year...

....
Colin Wright, chairman of UHY Hacker Young group, said: “HMRC’s crackdown on taxpayers offshore is prompting more individuals in Edinburgh to come in from the cold and make a voluntary disclosure.

“The growing resources at HMRC’s disposal means there is nowhere to hide for taxpayers with undeclared offshore interests. It, therefore, makes a lot of financial sense to make a disclosure as this can reduce penalties from up to 200 per cent of unpaid tax to less than 100 per cent.”

He added: “HMRC does not discriminate and will come down hard on all taxpayers with undeclared offshore interests – even if an error on a tax return arises from a genuine mistake. It is therefore important that taxpayers keep their affairs up to date.”

In other words, unless the underpayment was due to a genuine mistake, these underpayments were tax evasion NOT tax avoidance.

Therefore will the media and politicians please get it into their heads that avoidance and evasion are two entirely different things; one being legal, the other being illegal!


Tax does have to be taxing.

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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"

HMRC Clamping Down on Avoidance Scheme Enablers

HMRC is clamping down on the promoters and enablers of tax avoidance schemes in an effort to stop situations like the loan charge happening in the future.

Speaking at a Treasury select committee evidence session on October 22, Penny Ciniewicz, HMRC’s director general of customer compliance, said the department was “doubling the resources” it had involved in tackling those in the 'avoidance supply chain'.

This includes companies and people ranging from the designers of schemes to accountants and financial advisers who recommend the schemes to their clients.

Ms Ciniewicz said:

“We have more than 100 current investigations into promoters [and enablers] and we’re keeping a very close eye on the market for avoidance.

We are spotting schemes as they emerge and we’re tackling them.”

Avoidance is legal, evasion is illegal.

The issue with the loan charge scheme is that it was deemed to be illegal, and then HMRC went after people who had used it before it was deemed illegal (ie there is a retrospective element to 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"

A Little Light Relief

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"

Irony Alert!

HMRC awards £22m contracts to tax haven-based AWS pic.twitter.com/QFyhY8G9mO

— Gordon Berry (@wealthagent) July 22, 2019

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"

"Scams For Scumbags" To Appeal Against HMRC

The Guardian reports that Ingenious, the investment firm that persuaded celebrities, sports stars and business leaders to invest in controversial film partnership schemes will today launch an appeal against HMRC that could cost  HMRC up to £1bn.

Stars from the worlds of sport and entertainment, including David Beckham, Ant and Dec and Jeremy Paxman, are among those who put money into investment schemes run by the Ingenious Group, a financing company that funded more than 60 films including Avatar and Brooklyn.

In what is set to be the longest tax tribunal appeal ever, Ingenious will fight to overturn the court’s decision that HMRC was correct in deciding that the investments should not give rise to tax relief for their investors.

Ingenious, which said it was offering legitimate investment in the film industry, has been accused by HMRC of tax avoidance (which is perfectly legal), with a former HMRC boss (David Hartnett) describing its schemes as “scams for scumbags”.

An estimated £620m worth of tax relief was claimed by investors, which, combined with interest, means £1bn is at stake if HMRC loses the case.

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"