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Time everyone paid their fair share of tax

February 21st, 2010

Time everyone paid their fair share of tax | Business | The Observer .

That’s the headline in the business columns of the Observer, relaunched today.

Ruth Sunderland says:

In praise of paying tax. Now there’s a controversial idea in a country like the UK that is in thrall to the tax avoidance industry, as we explore  [today].

As she concludes

Paying tax has terrible PR. But it is actually a good thing to pay the right amount of tax. It is also a good thing when the economic substance of a taxpayer’s affairs reflects the picture they have painted to the Revenue and not some sham structure.

The contempt for taxpaying of the past few decades has gone hand in hand with greater inequality, strained public services and an unthinking faith in the market, ideas that are now discredited. As we head towards an election, it’s time for a new way of thinking.

Can’t think who she was talking to on Friday afternoon…

Richard Murphy Tax compliance

What is meant by the spirit of the law?

December 14th, 2009

http://taxadvicenetwork.blogspot.com/2009/12/what-is-meant-by-spirit-of-law.html.

Mark Lee throws in his pennyworth - which is worth reading.

From my perspective this has rarely been difficuklt to determine - but there are none so blind as those who do n0t want to see.

That’s most accountants when it comes to this issue.

Richard Murphy Tax compliance

The Times admits secrecy jurisdictions undermine deomcracy

December 12th, 2009

Not time for Tobin -Times Online .

I’m sure the Times did not want their rather pathetic attack ion the Tobin Tax to admit what it actually did - that tax havens / secrecy jurisdiction undermine democracy and the rule of law in the  world’s major states for the sole benefit of bankers and the wealthy, but they did.

They said:

The main objection to a Tobin tax, however, is that it will not work.  …  Perhaps all the main financial centres would sign up to the tax. But that still leaves the offshore financial centres. It is difficult to see what possible incentive they would have to implement a tax when it would plainly be in their financial interest to attract business from international banks.

This is the perverted logic of neo-liberalism, that we let the 20 or so institutions (and that is about the real sum total of banks involved in this equation) split themselves across jurisdictions and so undermine the law.

Well, we have to stop that.

And I assure you that is possible. The answer would be simple: any bank doing this would have to lose its banking licence in London ans elsewhere. Of course they should be at liberty to trade in tax havens / secrecy jurisdictions, but not here as well, and not if they are not tax compliant.

Tax compliance is seeking to pay the right amount of tax (but no more) in the right place at the right time where right means that the economic substance of the transactions undertaken coincides with the place and form in which they are reported for taxation purposes.

This is what the new bank code on taxation demands.

It is what we expect. It’s time the world woke up and realised it is what must be delivered.

Richard Murphy Banking, Tax compliance

The truth behind those quotes about people leaving

December 7th, 2009

There are a lot of accountants and lawyers who are saying that there are people queuing up to leave the UK. I’m not so sure. I think this may have more to them drumming up business opportunities for themselves.

How do I know? Well, Withers LLP, one of the firms of lawyers with whom it is fair to say I do not see eye-to-eye on with regard to taxation issues was kind enough to send me a flyer for an event they are holding in January. I can’t find it on their web site, so I’ve posted it here since I’m sure they won’t mind if I drum up a little business for them.

What’s the event called?

Should I stay or should I go?

fair weather or foul for UK tax residents?

 

Now what could that be about? Here’s a sampler:

The changes to the UK taxation of resident non-domiciliaries in 2008 and the proposed introduction of a 50% rate of income tax, has increasingly caused businessmen, entrepreneurs and high net worth individuals to question whether the UK is the most appropriate jurisdiction to base themselves.

This interactive seminar will look at the recent tax changes and whether the UK can still be seen as a tax haven for non-UK domicilaries and how those who are thinking of moving here (or are already here) should structure their affairs.

We will also examine the position for those who want to leave the UK and what steps need to be taken to successfully achieve this and to escape the long arm of HMRC. For those that do want to, and can, leave the question is; which jurisdiction should they move to? Switzerland and Monaco are traditional locations for ex-pats and remain highly popular. We will also look at the USA and Italy as alternative ‘high-tax’ jurisdictions, which can still offer tax efficient residency for foreign nationals, as well as Hong Kong - examining the residency issues for those looking to move further afield and to access the emerging markets of the Far East. Finally we will look at the rules for non-domiciliaries in the UK, to see if UK residency is still the most attractive option.

As they say

We hope you will be able to join us for what we expect to be an interesting and thought-provoking afternoon.

So now we get to the nub of all those claims that people are thinking of leaving: they’re just a marketing exercise for a firm so desperate for business that it has to put on free afternoon seminars to see if anyone is even interested in the idea. let’s be honest: if the queue was really as long as they claim this would be completely unnecessary: they’d be inundated already.

So, for all those who rather hoped that people bankers are rushing to leave I’ve got sad news to impart: it really doesn’t like like that’s the case.

Richard Murphy Ethics, Secrecy jurisdictions, Tax Havens, Tax avoidance, Tax compliance

Corporate abuse through beggar they neighbour

December 7th, 2009

The Observer noted yesterday:

Tax investigators are set to issue a series of challenges to global companies who claimed to have relocated headquarters out of Britain to minimise tax bills. Senior officials from Her Majesty’s Revenue & Customs (HMRC) are preparing to trawl through senior executives’ emails and other records to establish whether moves abroad to jurisdictions such as Ireland and Switzerland are genuine.

In the past three years a number of firms, including advertising firm WPPand finance institution Henderson Global Investors, have moved their headquarters overseas, citing the UK’s uncompetitive tax laws. Both companies left Britain for Ireland, although earlier this year the Guardian’s tax gap series suggested a tiny number of staff had relocated. If companies are found not to have moved high-level staff in appropriate numbers, firms may be levied fines and forced to pay back tens of millions of pounds in tax.

A senior HMRC source said: "We will be looking for substantial evidence that a move has taken place and is genuine. We will want to see emails to establish there has been a physical relocation and that the brains of the company has moved."

The Revenue, I know, are confident they can win these cases. Not all agree:

But a group tax director of a firm which left the UK for Ireland said the decision to take up residency for tax purposes in Dublin was made on the basis of what he believed was watertight advice given by one of the big four accountancy firms. He added that most of his company’s directors were not British and that many of the company’s board meetings were held overseas.

To which the reply is simple: that’s game playing; a game of course approved by the Tories:

Michael Spencer, the boss of ICAP and Conservative party treasurer, yesterday became the latest to threaten that he might move his company to another jurisdiction if Labour were to retain power and continue raising levels of taxation.

But not by others:

“Time and again stories in the press talk about people and companies planning to leave the UK because of tax," said forensic accountant Richard Murphy. "The reality is that this is not easy because most who want to leave for tax also want to enjoy the continuing benefit of trading or having accommodation and their family here and the Revenue are rightly making it as hard as possible to get the benefits that trading and living in the UK economy offers while not make a contribution in tax to our collective wellbeing."

Yes that is me. And I believe that the revenue is right to make it as tough as possible fro those who are game playing UK tax rules. The stakes are high but let’s be clear, if there were Anti-Social Behaviour Orders (ASBOs) granted for corporate abuse rather than for kids abuse of neighbours then those who have claimed to be leaving the UK would be high on my list of nominees to get them – because they too are abusing their neighbours by not paying their taxes where I think they really fall due.

Richard Murphy Ethics, HMRC, Tax avoidance, Tax compliance

Hartnett whips up a storm on tax compliance

November 19th, 2009

Hartnett whips up a storm at the ICAEW - Accountancy Age.

The permanent secretary for tax and commissioner of HM Revenue & Customs has never been afraid of ruffling a few feathers and Dave Hartnett did not disappoint at a recent address to some of the UK’s most eminent tax advisers.

Hartnett set out plans for a higher level of trust between the taxman, corporates and advisers at the ICAEW’s annual Hardman lecture but hit out at those still looking to cheat the UK’s tax system.

Although his speech was entitled Tax, Transparency and Trust, he still took a swipe at those salting away income in offshore tax centres.

“Few people put their money in Caribbean tax havens because they are looking for excellence in fund management,” he said.

I’m delighted at how often HMRC and the Tax Justice Network now seem to be in accord.

We have more than stating commonly agreed facts in common though. the Age note:

The mood in the audience was decidedly frosty

I have to say I am sometimes received that way - and some just won’t receive me.

Hartnett is asking people to be tax compliant. Tax compliance is seeking to pay the right amount of tax (but no more) in the right place at the right time where right means that the economic substance of the transactions undertaken coincides with the place and form in which they are reported for taxation purposes.  I think that exactly that a government should demand and exactly what a tax adviser should suggest their client do.  anything else is reckless.

My experience is that business is reluctant to engage on this issue. Why is that? What is it about what they do they do not wish to talk about?

And why is it that so many tax academics - secure as they are very far from the market in their civil service employments, encountering not a moment of risk in their tenured existence, promote the idea that tax compliance is the very antithesis of good practice and that the use of tax havens is a necessary business activity?

Where did this dishonesty come from?

And when will they accept that reform is going to happen? Their only choice is to be frosty, and to therefore be excluded from the process, or to engage with it?

Richard Murphy Ethics, HMRC, Tax compliance

A theology of taxation

November 18th, 2009

A commentator on this blog has said:

[T]here is very little Christian theology on the merits, purposes and morality of taxes. There are certainly many mentions in the new Testament of tax collectors/publicans who were widely despised as agents of a foreign state, and ranked alongside “sinners”, which many interpret as lenders at interest, which was clearly against the Law.

St Paul does talk of the necessity to pay taxes that are due in Romans 13, but that is a teaching on the authority of government, not of taxes per se.

It is frequently argued, by those who see a Christian moral or theological basis for redistributive taxes, that modern taxation is a moral good, satisfying our duty of charity. At its extremes, this view is expressed in the claim that “the modern application of charity is by way of use of progressive taxation rates.”

This is the main method used to gain Christian support for redistributive taxation—the welfare state that the tax funds helps our neighbor and therefore its expansion must be a Christian duty.

This is contrary to Christian teaching. “At the heart of the Bible is the God who seeks the free worship of free human beings, and just as love of God is only real if it comes voluntarily from the heart, so, too, is love of neighbour. The Christian duty of charity must be undertaken voluntarily. There is no moral benefit in forced giving, as Saint Paul says: ““Each one should give what he has decided in his own mind, not grudgingly or because he is made to, for God loves a cheerful giver.””

Christians have a duty of charity to their neighbours, and are warned not to follow riches, but these are personal duties laid on each of us individually rather than collective obligations that can be satisfied through compliance with a human tax system. We cannot contract out our duties to others, nor can we nationalize them into the welfare state. Even less can we meet our duty to our neighbour by forcing another neighbour to meet his needs.

The Good Samaritan did not leave the dying man to the priest and the Levite, agents of the Jewish government, but cared for him himself.

This is, of course a libertarian, and if I might say so, evangelical view of the issue.

I fundamentally disagree with it. In a 2003 article on the theology of taxation that I wrote for the journal of the Ridley Hall Foundation I set out my case in full. I recommend the interested to read it in full.

My response to the particular issues raised are in there. I say:

For some the defence of [tax avoidance] is based on Jesus’ most commonly known teaching on tax, which was that one should pay what is due to Caesar to Caesar and what is due to God to God. Unfortunately it seems that this teaching has frequently been used as justification for the view that taxation is a secular matter which is unrelated to a person’s duty to God. In other words, if it can be technically, and however remotely, argued that a tax liability is not due, then there is no liability to Caesar. In that case it is suggested that because the duty to pay tax was only to Caesar, and not God, on the basis of this interpretation of Christ’s words, no accounting is required to the latter for any moral consequence of the action taken to avoid the tax bill (avoidance being used in this case in the context I note above). It is this dualistic approach, which suggests that as long as the law is complied with, any action in taxation is acceptable, that would appear to be used by many Christian business people to justify their actions in avoiding tax. They would not dream of using a similar argument to justify actions which are legal but nonetheless wholly unacceptable to the Christian believer, for example in the area of sexual morality. I cannot find any other basis on which many Christians (who otherwise
consider their actions ethical, and even corporately socially responsible) promote tax minimization through avoidance, as a necessary and appropriate business process.

I think this view of Jesus’ teaching is wrong. If, as his other teachings make clear, it is a Christian’s duty to obey the requirements of civil authority with regard to tax, then I can see no room for such a dualistic argument based upon this one, well known, phrase. The construction of that phrase has, instead, to be seen inside its own quite distinct and separate context which had nothing to do with taxation. The result is that I cannot accept the view that transfer pricing, the use of offshore locations, and similar tax avoidance practices, are in any way consistent with Christian behaviour. These transactions and others like them are designed purely to avoid tax, contrary to the wishes of elected Parliaments, and without the necessary economic consequences of the transactions they purport to represent being suffered. The consequences occur at cost to others whom the Christian has accepted a duty to love.

Paul’s suggestion seems to coincide with this view. It is hard to believe that Paul, even though a Roman citizen, could have endorsed all the views of that regime. Yet in Romans 13: 6 & 7 he says “This is why you also pay taxes, for the authorities are ministers of God, devoting themselves to this very thing. Pay to all their dues, taxes to whom taxes are due, toll to whom toll is due, respect to whom respect is due, honour to whom honour is due.”

This too seems a reasonable interpretation of Jesus’ view. Both opinions appear quite clear and can be summarised as “pay what is asked of you”. In both cases there seems to be undoubted support for the idea of tax compliance and against those of avoidance, let alone evasion. In my opinion, this is the first essential element of a theology of taxation.

I explore other issues – including the fair rate of tax and whether it should be progressive or not (about which Rowan Williams has no doubt – he said so in the Q & A session on Monday) in the article and note that we have a:

duty to interpret the Bible in its modern context in accordance with sound hermeneutical principles.

The person who has most thoroughly and publicly offered such an interpretation in recent years is Susan Hamill, a professor of law at the University of Alabama. She has published the leading current paper in this area. In this she sought to argue on theological grounds to a state legislature with a high degree of professed Christian or Jewish members, that Alabama’s state tax code, which is both deeply regressive (i.e. rates are highest on the poor) and profoundly more expensive for the oor than almost any other state in the USA, is contrary to the ethics of Judeo-Christian teaching.

I concur with her suggestions that:

1. regressive taxation is contrary to Biblical teaching;

2. progressive taxation is consistent with biblical teaching;

3. it is appropriate that those with wealth should pay more tax than those without it.

I base these conclusions on the following:

a. Old Testament teachings make clear that those with a surplus from production (in modern parlance, a profit) should leave for the poor (in these days represented by their dependency upon the tax financed welfare state) sufficient for them to maintain themselves. This is for, example, inherent in the idea of gleaning (Lev 19:9, Deut 24: 19-22). No teaching to the contrary is ever found.

b. The teaching in Jesus’ second great commandment that we should love one another. It has been suggested by Hamill that this must, in part, be interpreted as being expressed through the provision of charity and the modern application of this is by way of use of progressive taxation rates.

c. The teaching derived from Genesis 4:9 and repeated implicitly by Jesus in considering who is our neighbour, that we are our brother’s keeper. This teaching implies that an unjust treatment to a fellow human being is a wrong committed against God. Our equality in creation places upon us a responsibility to care for each other. Hamill interprets this as a duty to pay progressive taxation since those with greater means have a duty to provide more for their fellow human beings. I agree.

d. The clear teaching in Matt 6:24 that a dedication to the accumulation of cash is contrary to devotion to God. Where a sufficiency of cash exists there is a duty to forsake wealth in favour of others if one is to answer the call of God. Again, this can, in its modern context, be seen as an endorsement of progressive taxation.

What this last teaching most clearly says, in the broader context of the teachings on prayer that immediately precede it, is that Christ must be the unambiguous centre of the life of a Christian. In that case I believe that the suggestions Hamill makes necessarily follow: progressive taxation based on the ability to pay is a fourth necessary part of a theology of taxation. We do have a duty to provide for those less well off than ourselves and in part that is expressed through accepting and paying progressive taxation.

Does the ‘charity’ argument, or Thatcher’s favoured reference to the Good Samaritan neuter any of this? No, of course it does not. #

The duty to pay tax was clear in Jewish law and in Christian teaching. The idea that the state might use that tax for much more than law and order and aggrandisement of the Emperor was unknown. But times have changed. So has society. Most ‘neighbours’ in Christ’s time were literally known to the whole community in which they lived – which ere small. Tithes, gleaning and personal gifts were largely effective in ensuring the poor were maintained. That is utterly impossible now, and the rich are the poorest relative donors in our communities to compound the problem, despite the significant tax benefit to them from doing so – not shared by those less well off.

And as hermeneutics makes clear, we have a duty to interpret the Bible in a current day context – not in the context of the time it was written. If we do not we get absurd results – as some who profess to Christianity make all clear by their actions and expression of opinion.  In that context charity for all the poor is not possible without a substantial centrally coordinated programme of provision clearly best run by the state and funded by tax. Anything else makes no sense at all.

And it also quite contrary to the message of Luke’s gospel. In Luke 4, starting at verse 18 Jesus says:

The Spirit of the Lord is upon me, because he has anointed me to bring good news to the poor. He has sent me to proclaim release to the captives and recovery of sight to the blind, to let the oppressed go free, to proclaim the year of the Lord’s favour.

This is the clearest statement of Christian duty there is. Support for progressive taxation fulfils that duty.

If that is at personal cost – so what/ From Luke again (chapter 1);

He has shown strength with his arm; he has scattered the proud in the thoughts of their hearts.

He has brought down the powerful from their thrones, and lifted up the lowly; he has filled the hungry with good things, and sent the rich away empty.

The message cannot be clearer in my opinion: it is our duty to provide for the poor. We are to eschew riches. progressive tax as a matter of fact does that. Alternative tax methods do not. Nothing else is, therefore compatible in our time with Christian faith but progressive taxation.

Richard Murphy Ethics, Tax avoidance, Tax compliance

Memo to the FD: just accept you’re in a new paradigm called compliance

October 9th, 2009

Financial Director has an article berating the new requirement that a large company keep proper books and records necessary to support a tax return, with finance directors facing personal fines of up to £10,000 if they fail to do so. They say:

[T]he legislation is so loosely worded, according to tax advisers, it remains a potential minefield despite already coming into force.

Advisers have panned the imprecise nature of the wording for senior accounting officers to take “reasonable steps” to ensure the company maintains “appropriate tax accounting arrangements” and in particular, monitors the accounting arrangements of the company “to identify any aspects in which those arrangements are not appropriate tax accounting arrangements”.

Businesses must also ensure they establish, maintain, monitor and certify appropriate accounting arrangements for the entire company. This includes identifying “any respects in which those arrangements are not appropriate”.

All of this seems to me to be a statement of what might candidly be called “the bleeding obvious”. After all section 386 of the Companies Act 2006 says:

386 Duty to keep accounting records

(1)Every company must keep adequate accounting records.

(2)Adequate accounting records means records that are sufficient—

(a)to show and explain the company’s transactions,

(b)to disclose with reasonable accuracy, at any time, the financial position of the company at that time, and

(c)to enable the directors to ensure that any accounts required to be prepared comply with the requirements of this Act (and, where applicable, of Article 4 of the IAS Regulation).

(3)Accounting records must, in particular, contain—

(a)entries from day to day of all sums of money received and expended by the company and the matters in respect of which the receipt and expenditure takes place, and

(b)a record of the assets and liabilities of the company.

(4)If the company’s business involves dealing in goods, the accounting records must contain—

(a)statements of stock held by the company at the end of each financial year of the company,

(b)all statements of stocktakings from which any statement of stock as is mentioned in paragraph (a) has been or is to be prepared, and

(c)except in the case of goods sold by way of ordinary retail trade, statements of all goods sold and purchased, showing the goods and the buyers and sellers in sufficient detail to enable all these to be identified.

(5)A parent company that has a subsidiary undertaking in relation to which the above requirements do not apply must take reasonable steps to secure that the undertaking keeps such accounting records as to enable the directors of the parent company to ensure that any accounts required to be prepared under this Part comply with the requirements of this Act (and, where applicable, of Article 4 of the IAS Regulation).

Now, unless I’m very mistaken, tax is an asset or a liability of a company and as such a company has already got a duty to ensure it has books and records to record this liability accurately. All the new legislation does is make failure to ensure systems are in place to do this a tax as well as company law liability. But my old friend John Whiting, one of PWC, now head of tax policy at the Chartered Institute of Taxation has real probelsm, saying:

There’s a hell of a lot of work going on by finance directors and they are saying ‘how on earth are we going to achieve this?’

And the head of tax at the IoD added:

FDs will want assurance in detail that the systems meet the standard, and that will mean a lot of work

Both are extraordinary statements. Whiting seems to be saying that companies are at present failing to keep proper books and records. What else can his comment mean?

And the IoD seems to ignore the fact that this is what an audit is already meant to do.

What both are actually saying is, implicitly, something quite different. That is that they resent the fact that the required books and records are meant to show tax compliance where tax compliance is seeking to pay the right amount of tax (but no more) in the right place at the right time where right means that the economic substance of the transactions undertaken coincides with the place and form in which they are reported for taxation purposes.

That is what this change really means. And that does not appeal to them at all. But they’ll just have to come to terms with the fact that the world has changed, or face the fines. Full marks to HMRC for getting this on right. Now extend it to medium sized companies and all auditors who sign off accounts for companies where the FD is found to be at fault, I suggest.

Richard Murphy Accounting, Tax compliance

Tax avoidance is unacceptable: official

September 22nd, 2009

In response to the BBC Panorama programme last night the government has said:

The government is clear that tax avoidance or evasion is totally unacceptable, whether it is undertaken by businesses or individuals.

I think this statement is incredibly important. Tax evasion is, of course, illegal and therefore is bound to be unacceptable. But tax avoidance is legal: we know that. And yet they two are being bracketed together. And rightly so.

It’s important to explain the difference. I do this using my definition of tax compliance – which is acceptable tax behaviour. Tax compliance is:

seeking to pay the right amount of tax (but no more) in the right place at the right time where right means that the economic substance of the transactions undertaken coincides with the place and form in which they are reported for taxation purposes.

There are, therefore, four elements:

  1. Right amount
  2. Right place
  3. Right time
  4. Coincidence of substance and form.

Tax evasion usually relates to the amount of tax paid, largely because it is not paid contrary to the law. 

Tax avoidance usually involves paying in the wrong place and / or at the wrong time because a structure has been adopted where the form and substance do not coincide for tax purposes.

So, for example, the Lloyds structure I commented on during the Panorama programme involving UK, Cayman and BVI companies resulted in the right tax being paid in the right place (the UK) at the wrong time because the form adopted allowed a tax deferral to take place. That was straightforward tax avoidance, no more or less. If legal it was not within the spirit of the law. It also required breaches of International Financial Reporting Standards requirements on coterminous year ends that are also reflected in company law and of which Lloyds must have been aware. The breach was pretty blatant, but legal.

And this is what is unacceptable now.

It so happens that this means just about every secrecy jurisdiction transaction is unacceptable. This is because by definition secrecy jurisdictions provide tax and regulatory privileges to those who do not conduct active business affairs within their own jurisdiction whilst allowing such affairs to be recorded in their domain even though they occur elsewhere. Hence, if one of the privileges provided by using a secrecy jurisdiction is to pay tax in that place (payment being somewhat notional of course if the tax is charged at zero per cent) this is, presumably, a only benefit because tax is not being paid (in full) in the jurisdiction where the actual economic activity takes place (or else, why locate offshore?). Hence the tax due onshore is being avoided, by definition.

The logic is obvious: secrecy jurisdictions are abusive by definition.

There are just two things to add. First, when I and others in the Tax Justice Network began to say avoidance was unacceptable people derided the idea. In 2007 we had to spell out what we meant and few saw its relevance. Now it is mainstream. Second, and as important, it has to be asked where this leaves the Big 4? Tax avoidance is the backbone of what they do. What now?

Richard Murphy Accounting, Big 4, Tax avoidance, Tax compliance, Tax evasion

Tax Code of Conduct: HMRC should have defined tax compliance

June 29th, 2009

The Chartered Institute of Tax has issued a press release about the new Tax Code of Conduct for Banks, saying they welcome it, and:

The CIOT’s initial view is that much of the code reflects good governance and the need for an open and transparent relationship with HMRC which we support.  However, the CIOT would prefer that the process of making tax law is improved so that it is clear to all what the intention of Parliament was and so codes seeking to establish what the intention might be are unnecessary.

Peter Fanning, CIOT Chief Executive, said: "Defining the purpose of established law can be very difficult.  The quantity of HMRC guidance is ample proof of this.  Even in law, not everyone agrees.  The challenge is to decide who decides what the ‘spirit’ of the law is and how they decide it. If future tax law is clear then following its ‘spirit’ will be much easier but establishing the ‘spirit’ of previous complex legislation will be a challenge.”

This is predictable and simply not helpful. As a matter of fact i also challenge their opinion: I think the intent of parliament can almost always be discerned, as is also HMRC’s view.

But the sorry fact is that this problem could have been avoided if HMRC had said the Code demanded tax compliance. this can be defined as:

Tax compliance is seeking to pay the right amount of tax (but no more) in the right place at the right time where right means that the economic substance of the transactions undertaken coincides with the place and form in which they are reported for taxation purposes. 

It’s always much better to define a positive goal than to expect a negative to be avoided. It seems an elementary mistake as a result to create a Code to defeat tax avoidance rather than to promote tax compliance as a consequence.

I hope it’s not too late to change this. I will be contributing to the consultation.

Richard Murphy Code of Conduct, Tax compliance