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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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