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Old 11 February 2015, 06:19 AM
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RobJenks
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Default HSBC and Lord Green

I have just watched a Panorama special on the dealings of HSBC and the presiding CEO Lord Green.
Why would the government elevate this piece of **** to the house of lords?
3 million quid a year for effectively nurturing criminal tax avoidance schemes for the wealthy.
This **** is also a clergyman - whatever that is supposed to mean. I thought Christians were there to help the poor , not to help the wealthy.
He certainly has friends in high places looking after him.
Apparently hundreds of HSBC tax defrauders , but only one has ever been convicted .
Another example of the inequality in the UK.
Old 11 February 2015, 09:58 AM
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Plus ca change, plus c'est le meme chose.
(The more it changes, the more it's the same).

Welcome to modern UK...and the REALLY scarey thing for me?

They are getting more blatant with the disappearing of people who interfere.........
Old 11 February 2015, 02:17 PM
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jonc
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Originally Posted by RobJenks
I have just watched a Panorama special on the dealings of HSBC and the presiding CEO Lord Green.
Why would the government elevate this piece of **** to the house of lords?
3 million quid a year for effectively nurturing criminal tax avoidance schemes for the wealthy.
This **** is also a clergyman - whatever that is supposed to mean. I thought Christians were there to help the poor , not to help the wealthy.
He certainly has friends in high places looking after him.
Apparently hundreds of HSBC tax defrauders , but only one has ever been convicted .
Another example of the inequality in the UK.
Not criminal, avoidance is legal.

"No man in this country is under the smallest obligation, moral or other, so to arrange his legal relations to his business or to his property as to enable the Inland Revenue to put the largest possible shovel into his stores. The Inland Revenue is not slow – and quite rightly – to take every advantage which is open to it under the taxing statutes for the purpose of depleting the taxpayer’s pocket. And the taxpayer is, in like manner, entitled to be astute to prevent, so far as he honestly can, the depletion of his means by the Revenue."

Last edited by jonc; 11 February 2015 at 02:22 PM.
Old 11 February 2015, 03:47 PM
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hodgy0_2
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I believe tax avoidance schemes, can subsequently be deemed evasion - hence criminal by the HMRC
Old 11 February 2015, 04:14 PM
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Originally Posted by hodgy0_2
I believe tax avoidance schemes, can subsequently be deemed evasion - hence criminal by the HMRC
Not true :nono

Tax avoidance schemes can be made illegal, but not retro-actively. It can only be deemed evasion if you continue to use the scheme once it has been outlawed.

I do think it's a bit harsh to blame promoters and users of avoidance schemes entirely. They didn't create the gaps and loopholes in the law that made the schemes possible
Old 11 February 2015, 04:18 PM
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Originally Posted by CrisPDuk
Not true :nono

Tax avoidance schemes can be made illegal, but not retro-actively. It can only be deemed evasion if you continue to use the scheme once it has been outlawed.

I do think it's a bit harsh to blame promoters and users of avoidance schemes entirely. They didn't create the gaps and loopholes in the law that made the schemes possible
sure, that maybe so - I did not say whether it was retrospective though

just that a scheme that was considered avoidance can be reclassed as evasion

and Cameron and George Osborne have created the term "aggressive tax avoidance"

to move the conversation away from the "you have an ISA therefore STFU"
Old 11 February 2015, 04:21 PM
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although

http://en.wikipedia.org/wiki/Tax_avoidance
"In the UK in 2004, the Labour government announced that it would use retrospective legislation to counteract some tax avoidance schemes, and it has subsequently done so on a few occasions, notably BN66. Initiatives announced in 2010 suggest an increasing willingness on the part of HMRC to use retrospective action to counter avoidance schemes, even when no warning has been given"

would suggest that can retrospectively reclassify
Old 11 February 2015, 06:11 PM
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It really brings into sharp focus the hypocrisy of it all now they have launched the campaign of adverts & posters threatening the underclass that the government are out to get them if they have been 'avoiding' tax.
Old 11 February 2015, 06:30 PM
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from my understanding, you get caught out by the benefit rules, for relatively small amounts, and the HMRC will hunt you down like a dog

I think they have 1000's looking into benefit scroungers and the less and hundred looking in tax evaders
Old 11 February 2015, 08:17 PM
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It seems Margaret Hodge herself wasn't squeaky clean. I'm not sure she has the credibility to lead the Public Accounts Committee.

http://www.telegraph.co.uk/finance/b...in-the-UK.html
Old 11 February 2015, 08:18 PM
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Originally Posted by hodgy0_2
from my understanding, you get caught out by the benefit rules, for relatively small amounts, and the HMRC will hunt you down like a dog

I think they have 1000's looking into benefit scroungers and the less and hundred looking in tax evaders
This is nothing new. I'm not sure if it's still going now, but under New Labour, a scheme was brought in where central govt would quite literally pay local authorities a premium of £2000 for every benefit cheat they took to court and successfully prosecuted.

As for HSBC, the current allegations against them aren't just of aggressive tax avoidance (or its promotion), but of outright evasion.
Old 11 February 2015, 10:47 PM
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Originally Posted by Maz
It seems Margaret Hodge herself wasn't squeaky clean. I'm not sure she has the credibility to lead the Public Accounts Committee.

http://www.telegraph.co.uk/finance/b...in-the-UK.html
Margaret Hodge is a professional bandwagon jumper and born Fcukwit. She is the one who demanded that the Proms be abolished for being elitist

She was on the news tonight demanding to know why HMRC aren't prosecuting tax evaders. The reason is because HMRC know that even a successful prosecution costs more than they are likely to recover, whereas they can generally recover what is owed plus fines by talking with offenders directly, at far less cost.
Old 11 February 2015, 11:22 PM
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Originally Posted by CrisPDuk
The reason is because HMRC know that even a successful prosecution costs more than they are likely to recover, whereas they can generally recover what is owed plus fines by talking with offenders directly, at far less cost.
Cool, can someone let me know what that figure is so I can reduce just a little less than it off my tax return form now on! Thanks
Old 12 February 2015, 09:48 AM
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Originally Posted by Maz
It seems Margaret Hodge herself wasn't squeaky clean. I'm not sure she has the credibility to lead the Public Accounts Committee.

http://www.telegraph.co.uk/finance/b...in-the-UK.html

I loathe that woman
Old 12 February 2015, 10:21 AM
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Originally Posted by Maz
It seems Margaret Hodge herself wasn't squeaky clean. I'm not sure she has the credibility to lead the Public Accounts Committee.

http://www.telegraph.co.uk/finance/b...in-the-UK.html

To be fair, that story is a nothing more than a headline grabbing sensationalist cr@p to add to the brewing storm over tax avoidence/evasion and is a bit of a fail on the Telegraph, that is, you do not pay tax on revenue or sales generated !!!
Old 12 February 2015, 10:26 AM
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The trouble with all this tax avoidance and evasion malarkey is it focuses way too much on the legalities rather than the ethics. Whilst some of what has gone on may well be legal it is clearly morally wrong and these people are, if nothing else, morally bankrupt, but that's probably how many of them have got where they are in the first place of course!
Old 12 February 2015, 11:53 AM
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Originally Posted by f1_fan
The trouble with all this tax avoidance and evasion malarkey is it focuses way too much on the legalities rather than the ethics. Whilst some of what has gone on may well be legal it is clearly morally wrong and these people are, if nothing else, morally bankrupt, but that's probably how many of them have got where they are in the first place of course!
When it comes to taxation, statutes are there so as to avoid any confusion when it comes to the obligation of the taxpayer. If there is any confusion in the interpretation of the legalities surrounding tax laws, we have to leave it up to the judges in the law courts to decide if there is any wrong doing. The law is absolute whereas ethics and morality are not. Is it "more" morally and ethically right and just to pay more tax than you are obligated to? If so, why don't you pay more than you are obligated to? No one is obligated to pay more than they have to within the confines of the law.
Old 12 February 2015, 01:19 PM
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Originally Posted by jonc
When it comes to taxation, statutes are there so as to avoid any confusion when it comes to the obligation of the taxpayer. If there is any confusion in the interpretation of the legalities surrounding tax laws, we have to leave it up to the judges in the law courts to decide if there is any wrong doing. The law is absolute whereas ethics and morality are not. Is it "more" morally and ethically right and just to pay more tax than you are obligated to? If so, why don't you pay more than you are obligated to? No one is obligated to pay more than they have to within the confines of the law.
It is typical of your type to turn this argument round. My position is very simple. People should pay their fair share,. Like it or not these people are not doing so, not from an ethical standpoint anyway.

The question of how much money do you really need is one I often ask when I look at them and then 'across the road' at those struggling to afford their next meal.

Your repeated defence of these types is both illuminating and unsurprising!
Old 12 February 2015, 01:52 PM
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Originally Posted by f1_fan
It is typical of your type to turn this argument round. My position is very simple. People should pay their fair share,. Like it or not these people are not doing so, not from an ethical standpoint anyway.

The question of how much money do you really need is one I often ask when I look at them and then 'across the road' at those struggling to afford their next meal.

Your repeated defence of these types is both illuminating and unsurprising!
My type? *sigh* Where and who exactly am I supposidly defending? I'm just highlighting what is within law. What you deem as fair maybe deemed as unfair to another; for example, you may feel what you pay in tax is fair, but someone struggling to afford their next meal may feel it would be fairer for you to paid more. You simply cannot have taxation governed my morality or ethics, it wouldn't be fair for everyone.

Like your thread with regards to a bartering system to avoid paying tax, it was a discussion of what was within the confines of the law, not about morality or ethincs, just like the points I've made in this thread.
Old 12 February 2015, 02:09 PM
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Originally Posted by jonc
My type? *sigh* Where and who exactly am I supposidly defending? I'm just highlighting what is within law. What you deem as fair maybe deemed as unfair to another; for example, you may feel what you pay in tax is fair, but someone struggling to afford their next meal may feel it would be fairer for you to paid more. You simply cannot have taxation governed my morality or ethics, it wouldn't be fair for everyone.

Like your thread with regards to a bartering system to avoid paying tax, it was a discussion of what was within the confines of the law, not about morality or ethincs, just like the points I've made in this thread.
All of which would be fine if you weren't always the first to jump to the defence of the likes of bankers and highly paid tax dodgers.
Old 12 February 2015, 02:10 PM
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Originally Posted by hodgy0_2
I believe tax avoidance schemes, can subsequently be deemed evasion - hence criminal by the HMRC
Incorrect. If an avoidance scheme is deemed at a later date, that it doesn't work. If there is a QC opinion on the scheme , then it can not be classed illegal, tax maybe due at that point.

There has to be a willingness to ignore the law, that is evasion.
Old 12 February 2015, 02:25 PM
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Originally Posted by f1_fan
The trouble with all this tax avoidance and evasion malarkey is it focuses way too much on the legalities rather than the ethics. Whilst some of what has gone on may well be legal it is clearly morally wrong and these people are, if nothing else, morally bankrupt, but that's probably how many of them have got where they are in the first place of course!
If you have a ISA or pension or many other forms of tax reducing method, you're engaging in Avoidance. Companies have similar structures available. The legislation is setup by parliament and it those who create these avoidance structures.

Why do think people engage in saving tax. It is due to the fact that we hear regularly how government waste our tax revenue on absolutely shameful incentives, software mega structures, buying thousands of chairs for the royal navy at inflated prices. People want to keep their hard earned money for their own uses. You can only do avoidance if you have earned the money before hand despite whatever level you engage in, being a few quid in an isa or a multi million pound corporate structure. We live in a commercial society, some have more than others. Those that have more, pay by far the greatest proportion of tax. Envy is at the root of this, thats all
Old 12 February 2015, 02:26 PM
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Originally Posted by f1_fan
All of which would be fine if you weren't always the first to jump to the defence of the likes of bankers and highly paid tax dodgers.
Always the first now too? Again, where and who?
Old 12 February 2015, 03:04 PM
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Originally Posted by andy97
Incorrect. If an avoidance scheme is deemed at a later date, that it doesn't work. If there is a QC opinion on the scheme , then it can not be classed illegal, tax maybe due at that point.

There has to be a willingness to ignore the law, that is evasion.

that seems at odds with the below though


"Budget Note 66 (BN66) is the mechanism by which the UK Government introduced clause 55 of the Finance Bill 2008, which would later become Section 58 of the UK Finance Act 2008. This specifically targeted tax avoidance schemes that made use of offshore trusts and double taxation treaties to reduce the tax paid by the scheme's users. These schemes were heavily marketed to the freelance community after the introduction of intermediaries legislation known as IR35, as they appeared to offer more certainty concerning tax liabilities than would be the case if running a limited company.

In introducing S58 the Government retrospectively changed the law so that not only could these schemes not operate in future but they were effectively made unlawful from the day they were first introduced.

In the case of S58 this change was applied without exemption. This meant that many people who had been using tax avoidance schemes in the belief that they were legal in the wake of the Padmore decision and the legislation that followed it, found themselves facing large tax bills due to this retrospective application.
Old 12 February 2015, 03:14 PM
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Originally Posted by hodgy0_2
that seems at odds with the below though


"Budget Note 66 (BN66) is the mechanism by which the UK Government introduced clause 55 of the Finance Bill 2008, which would later become Section 58 of the UK Finance Act 2008. This specifically targeted tax avoidance schemes that made use of offshore trusts and double taxation treaties to reduce the tax paid by the scheme's users. These schemes were heavily marketed to the freelance community after the introduction of intermediaries legislation known as IR35, as they appeared to offer more certainty concerning tax liabilities than would be the case if running a limited company.

In introducing S58 the Government retrospectively changed the law so that not only could these schemes not operate in future but they were effectively made unlawful from the day they were first introduced.

In the case of S58 this change was applied without exemption. This meant that many people who had been using tax avoidance schemes in the belief that they were legal in the wake of the Padmore decision and the legislation that followed it, found themselves facing large tax bills due to this retrospective application.
There has been a few cases retrospective legislation brought in, but government don't like to do it because it has lots of unintended consequences, snaring many others. Son of IR 35 lives strong and is huge I believe. I know someone who is at the very forefront of tax mitigation. He says the HMRC just ties themselves in knots closing one piece of legislation whilst creating others.
Old 12 February 2015, 03:36 PM
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sure - but YOUR post 21 is incorrect
Old 12 February 2015, 03:44 PM
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Originally Posted by hodgy0_2
sure - but YOUR post 21 is incorrect
Not quite there have been only a few cases of retrospective legislation. The vast majority are not. So at the time of planning the legislation could allow the tax avoidance scheme to work. The HMRC will either change legislation and at that point the avoidance scheme will become illegal to continue. That doesn't mean those who did the planning before legislation change have to pay any tax. Obviously the HMRC could and do takes cases to the courts. They sometimes win, but also lose and create a point of law which undermines their own legislation. Then the providers of these schemes have the very best tax specialist in the country to work round changes in legislation.

Last edited by andy97; 12 February 2015 at 03:45 PM.
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