header-logo header-logo

02 September 2010 / Tom Pangbourne , Julian Miller
Issue: 7431 / Categories: Features , Tax , Professional negligence
printer mail-detail

Look both ways

Julian Miller & Tom Pangbourne assess the dangers of tax avoidance schemes

Claims against professional advisers in relation to their role in tax avoidance schemes are on the increase. This article examines the basis of such schemes, and why solicitors, barristers and other professionals involved in their implementation may be at risk.

Capital allowances tax reliefs

A number of capital allowance tax reliefs were introduced by the Labour government after 1997 which were designed to encourage investment in particular areas of British industry. This included investment in British films (under s 48 of the Finance (No 2) Act 1998), in technology start-ups (under
s 45 of the Capital Allowances Act 2001) and in research and development (under s 437 Capital Allowances Act 2001). Despite best intentions, inevitably this attracted not just those wishing to invest in the relevant sector but also high net worth individuals seeking to utilise the tax reliefs without any real interest in the underlying asset. This artificiality led to increased scrutiny by HMRC, the gradual restriction of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll