BN66 - Round 2 (Court of Appeal)

[prozak]

A few people on this forum have hinted at options open to those who have left the UK. I have investigated this a bit and haven't been able to come up with anything remotely sensible. Any ideas anyone?

Will depend a lot on where you are.

HMRC are just a creditor if they win. No crime has taken place.

[Leyther70]

You don't live in the UK and you're still worried?

Do you have assets here?

If they aren't fighting fair then I think you shouldn't fight fair either.

Alas, I have a shared asset. Im also in a commonwealth country so I suspect their murky tentacles may still be able to reach me.

[JaredM]

Apologies for posting off-topic but Government's bookmaker Tote plans to avoid tax by moving bets offshore | Sport | The Guardian seems quite relevant. The proposed move by a wholly government owned business seems to be done for no genuine commercial purpose (other than to seek benefit by the avoidance of tax).

I wonder if HMRC are going to retrospectively attack this then? Can Tote be put under HMRC investigation? What about their fair share?

[prozak]

Alas, I have a shared asset. Im also in a commonwealth country so I suspect their murky tentacles may still be able to reach me.

Are you in Aus?

They may be able to find you but that is very different to making you pay up.

Since you are permanently OS you might have a better chance of a lower settlement as they'll know it is harder to get to you.

Obviously don't reveal your UK assets until you have to. If possible, dispose of them.

Professional advice in your new country would be best... as well as UK advice.

[MuddyFunster]

There is a part of the OECD called 'Article 27 : Assistance in the collection of taxes' which means that countries that have a double tax treaty (oh dear, that term again) can ask a foreign government to collect unpaid taxes on their behalf. Not all countries have this with the UK, but I know Australia does and all EU countries.

[Morlock]

Will depend a lot on where you are.

HMRC are just a creditor if they win. No crime has taken place.

HMRC are not "just a creditor", they are a department of state. Deliberate failure to pay tax which is lawfully owed to them constitutes evasion, which is a criminal activity.

[ASB]

HMRC are not "just a creditor", they are a department of state. Deliberate failure to pay tax which is lawfully owed to them constitutes evasion, which is a criminal activity.

If you are in a position where you cannot pay what is due then they ultimately make you bankrupt and they are just a creditor (not even a preferential one). The caveat of course is that you have made full disclosure, that where evasion comes in. There is a huge difference between failure to disclose and inability to pay.

Of course simply choosing not to pay, hiding assets, moving assets etc is, I agree, quite likely to result in criminal proceedings.

[prozak]

HMRC are not "just a creditor", they are a department of state. Deliberate failure to pay tax which is lawfully owed to them constitutes evasion, which is a criminal activity.

Incorrect. Tax evasion is where you lie, conceal, fail to file continously etc etc.

Inability to pay tax is VERY different.

Concealing assets and then claiming an inability to pay is different again.... but still not tax evasion.

[Potius sero quam numquam]

You have lured me out of hiding again.

And remember I am a gamber.

What are the odds of HMRC extracting payment from someone living in the UK?

What are the odds of HMRC extracting payment from someone living abroad with no assets in the UK?

Obviously some foreign parts are better than others.

But if I had to bet, I know who I would put my money on every time!!!

[moira under the stairs]

This was issued yesterday.

It makes a nice change from all the doom and gloom.

Interesting that you don't seem to find anything in the press about this........