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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

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

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Lawyers have warned senior managers against complacency as the Financial Conduct Authority (FCA) non-financial misconduct (NFM) rules come into force
Landlords cannot rely on minor procedural defaults to defeat leaseholders’ right to manage (RTM) claims, the Supreme Court has held
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
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