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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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
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”