You might also be interested in
Replies (4)
Please login or register to join the discussion.
Mapeley
HMRC's comments might be more valid had they not sold off their buildings on a sale and leaseback deal with a known tax avoider (Mapeley), costing the UK millions in tax. Or is State Sponsored avoidance OK?
Unless I am mistaken, the Human Rights Act still applies, so presumably this would prevent a kangaroo court type justice system and would require HMRC to find evidence of intent to commit a crime.
Facilitators
As penalties for those who "facilitate" or "enable" tax evasion are included, does this mean that ex PM and finance director of Luxembourg, Juncker could now face the prospect of prosecution?
What is HMRC`s current Criminal Prosecution Policy?
If you read the Guidance issued by The Commissioners you would be forgiven for forming the view that there is a policy to settle matters using Civil procedures unless there are circumstances that take the offence to the next level ie Criminal fraud. HMRC guidelines as to when they will consider a criminal prosecution are very clear at least I thought they were. HMRC Criminal Prosecutions are set to increase and despite what Mr Gauke has to say on the subject I would forecast that it will not be big business that gets clobbered for reasons to obvious to go into here. The Government can through another £60M towards funding additional prosecutions aimed at high net worth individuals an Corporates but I am taking bets that as usual what happens in practice will not be what Parliament intended, it is after all easier to pursue the small fry as opposed to the shark and a prosecution is another box ticked and targets met.
From my personal experience the current policy on prosecutions has been scewed to fit the targets imposed on HMRC and I am under no illusions that we won`t have more of the same as a result of these proposed changes.
If any one is in doubt then I would invite you to look at the level of HMRC prosecutions over the last two full years. I think that the total absence of large Companies is a give away as to HMRC`s motives and more worrying the size of the sums subject to prosecution have fallen dramatically.
My challenge to HMRC Commissioners is if they have changed their policy then please have the honesty to say so, ie issue an updated statement. If their policy remains unchanged then how do we explain the level at which HMRC has resorted to a criminal prosecution,the answer lies in HMRC`s own stats.
The additional expectations placed on HMRC to up their game on avoidance and evasion is to be commended, what has me worried is how HMRC will implement these new powers given their previous record of reacting to such Political pressure. The temptation will always be to play the numbers game, a game at which HMRC on past evidence excels.
It used to be that after 40 years of working in tax I pretty much knew were I was most of the time. However of late I feel that someone has tampered with my tax compass and certainty of destination has now been replaced with navigation on a wing and a prayer.
Tax is very important one for Goverment and worlds and also in each country this only to fix the economy rate for each country but most of the peoples not follows the rules and could not pay for this tax. this is act of law it since of most bad think.
custom essay writing service