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 document for internal consumption is described as “detailed”. HMRC acknowledge that it could be “theoretically subject to FOI” and they have prepared that in mind.
In other words, it is not necessarily accurate but at least it should not be embarrassing if made public.
4/11
Indeed, even Jim Harra recognised that the document due to be publicised would reinforce criticisms that HMRC dodge difficult questions with spin.
5/11
Two days later, there are some startling revelations.
It is clear that the document as drafted by HMRC confirms the purpose of the LC. Jim wants to check whether Ruth is really content to make this admission.
6/11
Here Jim Harra candidly acknowledges “the principled objections” to the loan charge.
7/11
Here it is government who is being blamed for not backing down and it is for HMRC to try to defend the position. How? By repeating the line that HMRC have established that the schemes do not work.
But even Jim realises that that line is “much disputed”.
8/11
Jim also discusses how HMRC should try to stop these schemes gaining traction in future. It recognises that users might have been “duped” but says HMRC are not likely to accept that “narrative” officially.
9/11
Jim also recognises that loan charge is a “debacle”.
10/11
Pot calling kettle black:
11/11
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Seeing the flurry of ministers and ex-ministers extolling their virtues and those of colleagues, I thought I would revisit an issue.
1/10
It will be remembered that the former FST (@meljstride) was shoe-horned into chairing the Treasury Select Committee @CommonsTreasury, with his appointment apparently actively supported by government whips.
2/10
I am advised that it is relatively unusual for an ex-minister to be appointed to such a high-profile position so soon after leaving office as there is a risk (and the perception) of marking one’s own homework.
3/10
This revelation raises a number of interesting points. 1. It shows that HMRC were very conscious that their new found use of s684(7A) might be struck down by the courts. 1/5
It has been of some interest to see a FOIA request seeking information about my meeting back in 2019 with @Jesse_Norman , then the FST, about the loan charge. He was newly in post and claimed to want to resolve the controversies.
1/15
The material disclosed will of course be of interest to those who will want to know what I said. In fact, I was asked on 14 June by the Treasury if I objected to disclosure. I responded the same day to say that I didn't object. I have nothing to hide.whatdotheyknow.com/request/meetin…
2/15
However, of equal interest perhaps is the efforts it took for this material to emerge.
From what I understood, a request was made 10 months ago for details (including follow-up comments) of all meetings JN had with external voices. I was one of ten. whatdotheyknow.com/request/meetin…
3/15
I make the following brief reflections on the Hoey proceedings.
They reflect solely my perception of the oral arguments and should not be taken as any comment on what the law actually says/means.
In short, I am pessimistic about Mr Hoey’s chances of success. 1/9 #hoey
It must be remembered that there are a number of different issues – ultimately representing HMRC’s different lines of attack.
2/9
HMRC’s most ambitious approach was to invoke the “transfer of assets abroad” code – this met strong resistance from the Court and I expect the Court to find in Mr Hoey’s favour on this point.
That leaves the case squarely in the realm of employment taxes and the PAYE rules.
3/9
This reference to “covering our backs” is rather unfortunate.
Unfortunately, the full range of strategies has been redacted. But it is interesting to see that HMRC have concerns about defining what is meant by “fair disclosure” by taxpayers.
2/13
Of considerable interest is the Treasury memo anticipating the announcement of what became the Morse review.
3/13