Criticism of HMRC’s failure to prosecute HSBC Swiss tax evaders has been quite unfair, writes Jonathan Fisher QC (Devereux Chambers). There are problems with criminal prosecution and the decision to focus on tax collection through civil settlement is the right one. It makes little sense to criminally prosecute these cases.
The penalty for late self-assessment filing needs rethinking. HMRC's recent discussion document looks promising, writes Paul Aplin.
Following the allegations and outcry in recent weeks over tax evasion involving HSBC’s Swiss bank accounts and criticism of HMRC’s activities when the information was handed to them in 2010, shadow chancellor Ed Balls tabled an urgent question on tax avoidance and HSBC in the House of Commons on
Process defects and appeals to the FTT
Witness summons and non-resident witnesses
The substantial shareholdings exemption is in danger of being misunderstood, warns Heather Self (Pinsent Masons)
While the much-anticipated decision in Project Blue is unsurprising, the decision raises some points of wider interest, including because HMRC prevailed by using FA 2003 s 75A, the SDLT anti-avoidance rule. Michael Thomas (Gray’s Inn Tax Chambers) reports
Andrew Goldstone and Charlie Sosna (Mishcon de Reya) round up the latest private client news, including: the remittance basis charge consultation; a report on tax incentives for art; Hutchings; and BiGDUG Limited Remuneration Trust (from Guernsey)
Helen Adams and Frank Goldberg (BDO) provide a refresher guide to HMRC’s wide range of powers to collect tax debts
HMRC has announced that the Court of Appeal has ruled in its favour against Eclipse Film Partners (No 35) LLP, which it said ‘protected an estimated £635m in tax’.