QC approved DOOM

[NotAllThere]

So are all those QCs who gave opinions going to be prosecuted now? It would be appropriate if any law change were applied retrospectively...

[BR14]

And???

[AtW]

Especially for those who keep says ng "tax avoidance is legal", not anymore and this comes from the regulator for the lawyers -

"In the House of Lords case of Ayrshire Pullman v CIR (1929) 14TC754, Lord Clyde said that "No man in this country is under the smallest obligation, moral or other, so as to arrange his legal relations to his business or to his property as to enable the Inland Revenue to put the largest possible shovel into his stores." That approach has been rejected by Parliament by bringing in the General Anti-Abuse Rule (GAAR) 2013 legislation. GAAR is clearly explained in HMRC guidance.

Similarly, the widespread assumption that "tax avoidance is legal" no longer applies and HMRC will take action against what it refers to as "abusive tax avoidance schemes". This is explained by HMRC: "The GAAR only comes into operation when the course of action taken by the taxpayer aims to achieve a favourable tax result that Parliament did not anticipate when it introduced the tax rules in question and, critically, where that course of action cannot reasonably be regarded as reasonable."

[AtW]

Warning notice
Tax avoidance - your duties

"When advising a client on avoidance of tax schemes you should make clear that any avoidance arrangements the client enters into might deliver tax outcomes that were never envisaged or intended by Parliament and may be challenged. You should be clear as to the legal implications, the costs and penalties of non compliance should the arrangement fail.

You should also consider your own position in advising or facilitating such an arrangement. It is likely that, should the arrangement fail, your conduct will be called into question. To be involved in such arrangements is likely to reflect badly on you and to damage public confidence in those delivering legal services. You will leave yourself open to the risk of disciplinary proceedings as well as committing a criminal offence. Where you believe, as a consequence of your client’s instructions, you are at risk then you should advise your client you cannot comply with their instructions and unless they change instructions you should terminate your retainer.

It is for HMRC and the relevant courts and tribunals to adjudicate on the legality of tax avoidance schemes. However, where schemes are defeated and solicitors have advised on the efficacy of such schemes, we will investigate this as evidence of misconduct which may result in disciplinary action.

We will also take action where we see any lack of integrity in your dealings with HMRC, either on behalf of clients or directly."

https://www.sra.org.uk/solicitors/co...ng-notice.page