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22 April 2016
Issue: 7695 / Categories: Legal News
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The politics of Panama

In the wake of the Panama Papers leak, HMRC has launched a consultation on proposals to make companies criminally liable for failing to prevent tax evasion.

The consultation, Tackling tax evasion, concerns draft legislation published in December. The legislation would make it an offence for a company to fail to take adequate measures to prevent their agents from committing or helping to commit tax evasion in the UK or overseas. The consultation ends on 10 July.

Andrew Smith, partner at Corker Binning, says: “To be clear, the draft law is not a means by which the government could seek the prosecution of those implicated in the Panama Papers.

“The law would, for example, have no application whatsoever to the type of offshore investment scheme which David Cameron’s father managed. The law does not expand the definition of tax evasion under UK law, nor does it criminalise what some regard as immoral tax avoidance. However, the timing of the consultation is no doubt calculated to deflect the current waves of criticism concerning the government’s broader approach to combating tax fraud. Businesses can take limited comfort from the fact that the consultation emphasises that they need only act proportionately to the risks arising in their sectors, so as to develop compliance procedures which are reasonable rather than all-encompassing.”

Meanwhile, writing in this week’s NLJ, expert tax counsel Peter Vaines has denounced the calls for politicians to disclose their tax returns as an “absurd” response to the Panama Papers disclosure: “It is interesting that the focus has not been on those who have been hiding the proceeds of crime or corruption but on people who have put their funds in Panama and have paid all proper taxes which are due...The concern should be with bringing to account those who have broken the law rather than focusing on those people who have not.”

Issue: 7695 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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