At 15.13.00 (relating to the charge of interference with the Morse Review)
Ms Aiston said: “Sir Amyas Morse said that he wanted advisers who were knowledgeable about tax but it was his ask that they were people who had not had a public position in relation to the loan charge.”
However, the documentary evidence I was sent from HMRC suggests otherwise.
This e-mail from Sir Amyas’s team was sent to the Treasury and to HMRC.
There was no indication that the list was to exclude people had taken a public position in relation to the loan charge.
It was the Treasury who came back with the first attempts to reshape the list of candidates.
And later that day, the same individual offered the comment that someone who had appeared before the Select Committee might be compromised and therefore excluded.
This evidence does not correspond to Ms Aiston’s media narrative, being that “it was [Sir Amyas’s] ask that they were people who had not had a public position in relation to the loan charge.”
Of course, the redacted text might tell a very different story. But, if so, why were the redactions made?
Ms Aiston might wish to reconsider her evidence on this point.
Similarly, at 15.40.50
“We are using PAYE data to identify where we think people have got into an avoidance scheme at the earliest possible opportunity … in this year we have written to about 27,000 people on this basis.”
This early intervention should of course be welcomed. It was the lack of this precaution in the previous 20 years that has caused so much distress.
I do hope that HMRC will be able to demonstrate the benefits of this approach in due course.
However, the statistic does raise a question or two (or more).
27,000 people?
Is this all related to remuneration schemes?
Is the number accurate?
Is HMRC's targeting properly directed?
But let's take HMRC's evidence at face value: 27,000 suspected cases of DR users THIS YEAR.
That undermines any argument that the loan charge has been effective to end these schemes, because this number suggests these schemes are even more widespread than ever.
If not, is this another case of HMRC citing irrelevant data to improve the impression of their performance?
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@gregwrightYP 1/5 It was not just the loan charge, but by then the outcome of the Rangers case. Whilst legitimate doubts could exist prior to then, that was not the case from 2017.
2/5 Of course, I cannot generalise. But I heard the recordings featured some weeks back on @Moneybox and from what I heard the schemes were now evolving: (1) from lawful avoidance (or what could be argued to be lawful avoidance) (2) to outright shams.
3/5 Perhaps decades of govt inaction engendered an unjustified confidence amongst these promoters.
I agree with much of your reflections on the loan charge. But I would like to challenge two comments you made. In the meantime, I wish you well as you embark upon your life post-CIOT Presidency.
Comment 1:
“the tax position was sufficiently clear after December 2010 for taxpayers to have been aware of the position and their responsibilities. This is hard to argue with …”
Comment 2:
“if any further relief is to be available to such taxpayers, their campaign needs to shift to focus onto the mis-selling element”
The following thread will set out my summary responses to the briefing statement given to MPs in response to NC1 and NC31.
This should be read with my even more concise summary in an earlier tweet.
On NC1, the briefing note carefully sidesteps the well-known flaws in aspects of the Morse Review.
It also implies that a Government report would be adequate. It forgets the whitewash report given in early 2019 which, despite its flaws, was still effectively debunked by Morse.
On NC31 – bullet 1
•Emphasises avoidance and offshore trusts for political effect.
•Ignores the fact that the loan charge has done nothing to curb these schemes.
This might be a longer response than you intended. But I think it would be unfair of me to give you one that neatly fits into 280 characters or fewer. At least, when I finish this, I will be off Twitter at least until next week - so no need to digest it all at once.
1. I am on the record as having said (and I continue to say) that my professional experience tells me that it will often be unwise for taxpayers to provide documentation to HMRC to which they are not entitled.
2. In other words, it does not matter how comfortable you are with your position, there is no need to give HMRC material on a purely voluntary basis. And taxpayers who do often regret it later on.
1/x I feel it appropriate to speak out if, as is the case here, I believe MPs are being misled. Of course, I do not know who drafted the objections. I will assume it was by HMRC/HMT.
2/x For present purposes, I am focusing on NC31.
These briefing objections are just wrong.
3/x The objection notes the fact that the clause “would require HMRC to make an assessment of what a taxpayer knew or thought at the time of submitting their tax return”.