Thread by @keithmgordon

@Frances_Coppola @DavidJamesWilk2 @MaryCosg @DanNeidle @dotasscandal @Ray_McCann55 @DoghouseQ @LC2019Scandal @Jesse_Norman HMRC say that that they have said it for years. There was absolute silence until 2009. After that you had to know (1) to look out for HMRC's statements and also (2) where to look.
For participants already involved, HMRC's failure to say things to them (given HMRC's awareness ...)

@Frances_Coppola @DavidJamesWilk2 @MaryCosg @DanNeidle @dotasscandal @Ray_McCann55 @DoghouseQ @LC2019Scandal @Jesse_Norman amounted to tacit acceptance. (See the yellow line example reported in the Islington Tribune: islingtontribune.com/article/tax-bi…)

But then one also has to remember that HMRC's view was based on the wrong reasons. They tried to argue that the loans were income. That was obviously wrong ...

@Frances_Coppola @DavidJamesWilk2 @MaryCosg @DanNeidle @dotasscandal @Ray_McCann55 @DoghouseQ @LC2019Scandal @Jesse_Norman as was shown in their repeated FAILURES in the Rangers case. It was only when they came up with a wholly new argument in the Court of Session (taxing the money going into the trust) that they prevailed.

However, this left a problem. They should have targeted the employers ...

@Frances_Coppola @DavidJamesWilk2 @MaryCosg @DanNeidle @dotasscandal @Ray_McCann55 @DoghouseQ @LC2019Scandal @Jesse_Norman and not the workers. The only way around that embarrassing problem was to invent a new retrospective law which would mean that the workers ended up picking up the tab.

Furthermore, if HMRC always knew that the schemes did not work, then what excuse do they have for not ...

@Frances_Coppola @DavidJamesWilk2 @MaryCosg @DanNeidle @dotasscandal @Ray_McCann55 @DoghouseQ @LC2019Scandal @Jesse_Norman taking the relevant action in time, which fully respect the time limits in the legislation.

As is universally accepted, HMRC have not exactly covered themselves in glory. In every other instance of tax avoidance, that means that the avoider gets away with it. Harsh but true.

@Frances_Coppola @DavidJamesWilk2 @MaryCosg @DanNeidle @dotasscandal @Ray_McCann55 @DoghouseQ @LC2019Scandal @Jesse_Norman Thus of all the avoiders out there (and I maintain that the contractors are certainly no more culpable than others) why is this group being targeted with retrospective legislation that is designed to DENY them their day in court?

@Frances_Coppola @DavidJamesWilk2 @MaryCosg @DanNeidle @dotasscandal @Ray_McCann55 @DoghouseQ @LC2019Scandal @Jesse_Norman I hope that the Twitterati will forgive my only occasional forays into this conversation - it's too addictive if I observe it constantly.

But I do wonder if there is appetite and the facility for a proper 2-3 hr face-to-face debate that would allow more common ground to develop.