I admit I like to celebrate victories for the tax justice movement. I think that they are important. We have another new one, which would have been easy to miss. Last week's the government published this:
What the paper says is
Who is likely to be affected
Those who artificially and unfairly seek to sidestep their tax liabilities, arising from avoidance, evasion or ‘phoenixism', through the misuse of insolvency of companies.
General description of the measure
This measure tackles the small minority of taxpayers who artificially and unfairly seek to reduce their tax bill through the misuse of insolvency of companies.
This will be achieved by making directors and other persons connected to those companies jointly and severally liable for the avoidance, evasion or ‘phoenixism' debts of the corporate entity.
Policy objective
The changes to this legislation ensure fairness across the tax system by deterring the use of tax avoidance and evasion through influencing the behaviour of those taxpayers who see insolvency as a way of avoiding their tax liability.
Those taxpayers:
- try to exploit the insolvency procedures to avoid or evade taxes and/or payment of taxes and duties
- attempt to protect or hide the gains of tax avoidance or tax evasion
- repeatedly accumulate tax debts without payment by running them through a succession of corporate vehicles which are made insolvent - also known as ‘phoenixism'
- try to sidestep penalties for facilitating avoidance and evasion by going insolvent
There are, of course, provisions attached. Some are quite generous in the taxpayer's favour. But let's be clear that I welcome this, and think it should go further. I have been arguing for such a measure since 2011 and argued for a robust approach to this issue in a Bill I wrote for the late Michael Meacher MP in 2014. It's taken a long time to come, and it's still not tough enough on those using companies to evade tax, but it's progress. And I welcome that.
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The existence of such a law might deter an element of those who exploit insolvency law to evade company tax but there are many hard nosed persistent criminal offenders in this area of tax abuse. They will be only be deterred by rigorous equally hard nosed and persistent enforcement action. Will this be another example of flag waving over complex virtue signalling legislation let down by failure to allocate adequate resources to ensure success? Let’s hope not but I won’t hold my breath.
You are right
Enforcement will be key
While you can still register as a Director on Companies House as a Mr XXXXX XXXXX enforcement could be tricky.