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- 31 Aug 2005
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I know a few contractors caught up in this and they knew exactly why they were doing it. The scheme had the legal advice of a Barrister but it was tenuous to say the least. In any case the money was loaned back to themselves and they never planned to ever pay the moneyu back. It was clear tax evasion because the legal advice did not hold up - that was the risk they knew.
When you are earning 150-200k and you are paying 7-9% in management fees- then for some the risk is worth it. The HMRC are chasing these guys up now. Imagine avoiding £75-100k a yr for about 5 plus yrs thats about half a million.
No G you're wrong that's avoidance, can we all just stop making up stuff and pointing the finger, i am finding this irritating today. Evasion is when you deny, you surpress income expand expenses etc, avoidance is when it's legal but using legal loopholes to avoid taxation. In this instance i believe these 'schemes' were acknowledged and notified to HMRC each year officially registered with DOTAS and then 6 7 8 years later HMRC think, hang on we're onto something here we could change law i dont like the sound of this lets call it evasion. George Osborne yes that Tory that lets the rich people tax evade! Instigated the loan charge ruling to capture everyone.
Switching to purchasing sugar free drinks(tax free) to minimise tax overheads, instead of sugar drinks is that tax evasion or avoidance? Is that illegal?
Anyway yes it's the risk they took but at the same time as IDS was pointing out there were QC standard approvals wrapped up in these schemes selling it to people as umbrella tax management proclaimed legal, i had a quick google and it seems some challenges have been lost by HMRC , so instead HMRC added this loan charge ruling to get them another way, how far do you go when you have such power to act in an immoral manner yourself? I agree these schemes are immoral also but were not illegal. I think it shows every government is out to screw everyone over, unless you are completely beyond untouchable, my number one beef with authority.