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HMRC continues clamp down on undeclared offshore income, capital gains and tax avoidance schemes

 

Today's announcement in the Chancellor's speech that further anti-avoidance and evasion measures will be introduced has shown a red card to taxpayers wishing to use artificial arrangements to shelter their income, and to anyone concealing assets or monies offshore, says leading business and financial advisers Grant Thornton.

The changes on undeclared offshore assets include raising penalties up to 200% where there is no agreement from the country holding the bank account or assets to automatically disclose them to HMRC.

"These eye watering fines for taxpayers who hold bank accounts offshore which have not been declared to the UK taxman could ultimately lead to certain individuals paying the Revenue more than they had in the undeclared account in the first place,"says Heather Taylor, Tax Investigations specialist at Grant Thornton.

"The Government has also been stepping up its campaign on targeting wealthy individuals and today's move to change the definition of what is a tax avoidance scheme has widened the posts to leave HM Revenue & Customs with an open goal to aim at," continues Taylor.

However, the announcement today that Belize, Dominica and Grenada will soon sign Tax Information Exchange Agreements which will limit penalty exposure on any UK taxes due on undeclared offshore matters to 100%, means that anyone with an undeclared account in these countries need not fear the new 200% penalties.

FURTHER ANTI-AVOIDANCE MEASURES ON THE WAY

"The government has also moved decisively to ensure that income is now not taxed as capital", continues Taylor.

The Disclosure of Tax Schemes arrangements (where promoters of tax schemes must notify HMRC when a new planning arrangement is developed) will be extended to cover 'income to capital' arrangements from autumn 2010.

There is also a widening of the terms of what constitutes a 'tax avoidance scheme' and a requirement for earlier notification of arrangements to HMRC. The taxman can also request a list of client names and addresses from a promoter and will specifically target all arrangements seeking to circumvent the new 50% higher rate of Income Tax.

HMRC POWERS GO FURTHER TO INCLUDE OPENING OF POST AND CRIMINAL OFFENCES FOR LATE PAYERS

This Budget has seen HMRC Powers go into overdrive with hard pressed employers, who have a past history of late payment or payment difficulties, being required to lodge a deposit of HMRC's choosing with the taxman.

It will now become a criminal offence to fail to lodge such a deposit if required to do so by HMRC, with a potential fine of up to £5,000 and a criminal conviction.

"These extension of powers are truly astounding. There is also a further widening of HMRC powers which include a right to open post without notification to the recipient. Whilst this initially applies to suspected 'Tobacco Smuggling' this could be extended in what is rapidly becoming a big brother state.

"All eyes will be on what HMRC will be imposing next as their powers relentlessly increase," concludes Taylor. ENDS


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