Convicted and fined – further targeting of Swiss bank accounts

by Paul Malin - Tax Partner on 5 July 2012

Tags: iht, inheritance tax, ldf, ocu, swiss bank account, tax
hmrc

It has recently been reported by both the BBC and in the Times that Michael Shanly has been found guilty of evading Inheritance Tax totalling less than £1m. Mr Shanly has previously featured in the Sunday Times Rich List as having a fortune of £160m.

Perhaps it could have been all so different for him had he regularised his affairs under the Liechtenstein Disclosure Facility (LDF).

More Swiss bank accounts targeted

It is rumoured that HMRC are targeting a much wider audience than the original 1,000 Swiss bank account holders and the remaining 5.000 customers of Swiss banks on the back of their recent successes, including former customers of the banks concerned who were not included on the original data lists that were stolen.

HMRC’s Offshore Co-ordination Unit is trawling through the masses of data it has collated since 2007 when the first tax amnesty (the Offshore Disclosure Facility) was introduced in the UK.

The choices on offer

Taxpayers are being given 3 choices in their letters; Certificate A declares that no additional UK tax is due, or Certificate B confirms that a Disclosure has been or will be made under the LDF, or Certificate C confirms that a Disclosure will be made outside of the LDF. HMRC also warn that taxpayers may be prosecuted if false statements are given.

Even when within the LDF, if a taxpayer fails to make a full and complete disclosure of all matters, taxpayers run the risk of prosecution.

In a number of (as yet) unreported cases, HMRC are no longer simply accepting what they are told without a challenge. Inspectors have learned that in some cases, the advice being given to taxpayers is either incomplete or inaccurate.

Anyone wanting peace of mind is urged to start the process of putting matters right whilst they can still have an element of control and can avoid the risk of prosecution.

The LDF is proving to be a far better option than waiting for the Swiss Accord because the comparable percentage is still running at less than 20% of the accumulated funds. Also, the LDF guarantees immunity from prosecution, providing the necessary checks and balances have been carried out before anything is submitted to HMRC.

Get advice now!

Taxpayers seeking to use the LDF are advised to seek professional advice from experienced advisors such as myself. To find out more about the type of work that I do and my background click here.

If you wish to discuss this or any other matter, please contact me on 07919 375650 or by email me anytime.





Paul Malin

About Paul Malin

Since 1989, Paul has represented every type of taxpayer (individuals, partnerships, joint ventures, family limited companies, quoted companies and trusts) who, for whatever reason, have failed to comply with all the complexities of UK tax legislation. Paul deals with all offices of HM Revenue & Customs including Specialist Investigations and the High Net Worth Unit. Paul can be contacted on: +44 (0)7919 375 650 anytime.

See all posts by Paul Malin | View Personal Blog | Contact Paul Malin
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