On Wednesday, Nadhim Zahawi said that his founder shares in YouGov ended up with a Gibraltar company because it had provided capital. I went through all the filings and concluded that either I was missing something, or Zahawi was lying.
After I posted my analysis, Zahawi started telling a different story...
... a surprising undermining of Zahawi's own success in establishing YouGov, and not how entrepreneurs (or fathers) usually behave.
@billykenber then did the hard yards & spoke to people who were at YouGov at the time. The idea Zahawi's father was heavily involved was news to them
YouGov then themselves denied Zahawi's story.
(Why would they make a public statement? Possibly because the legal consequences of having had a "shadow director" are often undesirable)
1. What does this mean?
Zahawi now has no explanation of why a Gibraltar company, held by an offshore trust owned by his parents, came to hold *his* founder's stake in YouGov, eventually worth over £27m.
The only explanation left is the obvious one: tax avoidance. If Zahawi held the shares in the normal way, he'd have been taxed on dividends and gains (at least £3.7m of tax)...
... instead, the dividends and gains were untaxed in Gibraltar, and then (I expect) gifted and lent at various times back to Zahawi. We have evidence of at least one gift, and a related Gibraltar company made multiple loans.
2. What are the consequences?
I expect HMRC will open an enquiry (if they haven't already) and look to tax the Gibraltar company and/or Zahawi himself the big £20m profit it made selling all its YouGov shares in 2017/18.
(Trickier but not impossible to pursue earlier periods)
If, back in 2000, Zahawi gave HMRC the same false explanations he gave us last week, then this would be criminal tax evasion, not avoidance. But I expect he actually just told HMRC nothing.
It will still be tax evasion if Zahawi or others acted dishonestly; that may or may not be the case, but it would be hard to prove.
However there are multiple ways HMRC can attack the arrangement under anti-avoidance principles, trust principles, specific anti-avoidance rules etc. Zahawi's conflicting and false denials will make any defence difficult.
it seems very likely this was "deliberate concealment" and attracts a penalty of up to 100%. i.e. you pay twice what the tax should have been. gov.uk/hmrc-internal-…
It's strongly in Zahawi's interest for this not to become public, so likely he will reach a settlement as soon as possible and pay up quietly (tax plus interest plus penalties). We will never know.
It cannot be right that the Chancellor of the Exchequer lies about his past tax affairs.
It is an impossible conflict to have a Chancellor who is likely to be subject to an HMRC enquiry and accusations of deliberate concealment.
Just speaking on @TimesRadio about the Tory candidates' tax proposals.
Thatcher's first budget cut income tax by an enormous amount (yes, for the richer, but the basic rate also went down 3%).
But it was paid for by VAT & fuel duty increases and spending cuts.
Agree or disagree with Thatcher's choices, but the point is that she made a choice. She understood there were trade-offs, and that tax cuts couldn't be funded from thin air. Right or wrong, this was serious policy
Promising £33bn of tax cuts out of thin air is not serious policy
And putting Covid debt on a "longer term footing" is not a thing. This is not a credit card bill. It's government debt, which is almost always funded by issuing more government debt - i.e. it sticks around forever, and is (realistically) as long term as it gets.
For anyone wanting to dig further into the Zahawi tax planning, I've now put the Balshore and Berkford accounts online, obtained from the Gibraltar company register.
Everyone should read this polemic on how our tax system, once the envy of the world, is now so complex that it strangles business.
(It was written in 1876)
It's from "A sketch of the history of taxes in England from the earliest times to the present day"- Volume 1 has been brilliantly digitised by Google: books.googleusercontent.com/books/content?… .
It's a fantastic read. I'd love to find a PDF of Volume 2.
Love even more to find an original... there are reproductions for sale on the internet, but I doubt the quality makes them superior to this PDF.
Nadhim Zahawi founded YouGov, but took no shares in it. A Gibraltar company, Balshore Investments, did instead. Zahawi says this wasn't tax avoidance, but was his father injecting capital into the business.
Here's my hunt for evidence. A very lengthy thread:
I'll start with my conclusion. Only three possibilities:
1. I am missing something.
2. Balshore did provide capital, but this was omitted from all of YouGov's accounts and filings, and not even picked up during the IPO.
3. Zahawi is lying, and this was tax avoidance.
Here's the first YouGov share issuance from 2000
Neil Copp provided £287,500 of capital & got 15% of the shares
Balshore provided no capital and got 42.5%
The same deal as Stephan Shakespeare - one of the founders
There are plenty of people on Twitter with accounting, tax, and company expertise. Please don't assume I or anyone else is going to spot everything in the Zahawi papers. You may well see things I miss.