Tag: anti-avoidance

HMRC discretion is key to resolving loan charge dispute, MPs told

HM Revenue & Customs could use its “care and management” powers to reach a compromise with taxpayers facing the 2019 loan charge and avoid resorting to bankruptcy proceedings, a tax expert told members of Parliament.

“My personal viewpoint is that HMRC does have discretion to enter into a settlement arrangement with these individuals,” Chartered Institute of Taxation President Ray McCann told the House of Commons Treasury Subcommittee on December 10, in response to questions about the retroactive charge. My news story for Tax Notes (paywall), December 11:

HMRC Discretion Is Key to Resolving Loan Charge Dispute, MPs Told

Peers call for review of ‘disproportionate’ HMRC powers

A House of Lords committee called for a review of the powers available to HM Revenue & Customs, arguing that some powers granted since 2012 are disproportionate and lack effective safeguards for taxpayers.

“HMRC is right to tackle tax evasion and aggressive tax avoidance. However, a careful balance must be struck between clamping down and treating taxpayers fairly. Our evidence has convinced us that this balance has tipped too far in favour of HMRC and against the fundamental protections every taxpayer should expect,” said Lord Forsyth, chair of the House of Lords Economic Affairs Committee.

My news story for Tax Notes (paywall), December 4: https://www.taxnotes.com/worldwide-tax-daily/tax-policy/peers-call-review-disproportionate-hmrc-powers/2018/12/04/28n75

This story was also published in the December 10 edition of Tax Notes International.

HMRC powers and the 2019 loan charge

A tax barrister told a House of Lords committee that the finance bill to be published on November 7 should be used to repeal a controversial tax charge on disguised remuneration.

The legislation “goes for the person who is least able to defend himself or herself, [and is] attacking the worker, not anyone else in the chain”, Keith Gordon of Temple Tax Chambers told the Economic Affairs Finance Bill Subcommittee on October 17.

“I find it extremely worrying that the legislation has been able to get on to the statute book,” he said.

The government has defended the charge and said HMRC “will only go to the employee to settle their income tax liability in cases where it cannot reasonably be collected from the employer – for example, where the employer is no longer in existence”.

My news story for Tax Notes (paywall), published on October 19, is now reproduced in full with permission:

UK tax barrister calls for repeal of controversial loan charge

As I reported on October 29 (paywall) Mel Stride, financial secretary to the Treasury, has declined to appear before the subcommittee, which is examining the loan charge as part of its review of HMRC powers.