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08 August 2014 / Peter Vaines
Issue: 7618 / Categories: Features , Tax
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Taxing matters

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Peter Vaines on strict liability criminal offences from Mars, punitive penalties & disguised salaries

HMRC has published a guidance note entitled No Safe Havens 2014. It has caused a lot of trouble. However, the substantive document looks wholly uncontroversial—indeed it seems to be an excellent summary of how HMRC gains access to information on offshore accounts, making it pretty clear that if you have an offshore account, they will find it—and when they do, there will be serious consequences with penalties up to 200% of the tax evaded.

Of course, there should be criminal penalties for people who evade taxes; that is a crime and should be appropriately punished. So why has it caused trouble? It is because in the foreword there is a sentence which says that the government will introduce a new strict liability criminal offence that could mean jail for those who do not declare taxable offshore income.

The two offending words are “strict liability” so that you are guilty even if there was no intention to commit

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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