I've been off radar all day and come home to this bomb shell. I shall digest it properly tomorrow, but a few points have jumped out to me.
Warning: I have not read the entire disclosure yet. 1/6
Perhaps this is the nub of the issue: HMRC see contractors as the enemy and the loan charge was just one part of this battle.
2/6
It also seems that Jesse Norman was initially prepared to remove the loan charge from “unprotected years” … but HMRC counselled him against that. 3/6
I am not sure I fully agree with any of the reasons given by HMRC for objecting to what was Jesse’s initial views. But he was obviously persuaded by them. 4/6
Objection 1 - correct but it would significantly reduce the unfairness of the loan charge
Objection 2 - Yes removing an unfair tax charge could cost money. But is that a reason not to remove it?
Objection 3 - See tweet 6
5/6
Objection 3 - The UK tax code proves that complexity is not a bar to introducing a tax rule that HMRC want. However, it would not have been at all complex to remove unprotected years from the loan charge.
It is quite clear HMRC did not want to (see tweet 1 above). 6/6
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Further thoughts on yesterday’s revelations:
It should be noted that HMRC have not disclosed all information requested. They have taken the view that some information can be withheld “in the public interest”.
1/11
It is entirely possible that the exemption has been validly claimed on this occasion. However, given that trust in HMRC is so low, a greater element of candour might have been appropriate.
But it seems that candour is not the current Modus Operandi.
2/11
It seems that HMRC prepared two documents in April 2019 to discuss the loan charge – one was for internal consumption only and the other for publication.
But HMRC’s comments on the drafts are interesting.
3/11
The Upper Tribunal (“UT”) has given its decision in Hoey.
It will be uploaded to gov.uk/tax-and-chance… probably in the next couple of days.
1/11
It is interesting to see that after 3 days of oral argument, written submissions were made by the parties on eleven subsequent occasions. I am not saying that this is unprecedented but I have never before seen a case with so many iterations of post-hearing submissions.
2/11
On the question as to whether the taxpayer can argue the existence of a PAYE credit, HMRC won. In other words, the UT held that this argument cannot be considered by the Tribunals, but must be saved up until HMRC start collection proceedings in the County Court.
3/11
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.
@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”