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22 April 2016
Issue: 7695 / Categories: Legal News
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The politics of Panama

In the wake of the Panama Papers leak, HMRC has launched a consultation on proposals to make companies criminally liable for failing to prevent tax evasion.

The consultation, Tackling tax evasion, concerns draft legislation published in December. The legislation would make it an offence for a company to fail to take adequate measures to prevent their agents from committing or helping to commit tax evasion in the UK or overseas. The consultation ends on 10 July.

Andrew Smith, partner at Corker Binning, says: “To be clear, the draft law is not a means by which the government could seek the prosecution of those implicated in the Panama Papers.

“The law would, for example, have no application whatsoever to the type of offshore investment scheme which David Cameron’s father managed. The law does not expand the definition of tax evasion under UK law, nor does it criminalise what some regard as immoral tax avoidance. However, the timing of the consultation is no doubt calculated to deflect the current waves of criticism concerning the government’s broader approach to combating tax fraud. Businesses can take limited comfort from the fact that the consultation emphasises that they need only act proportionately to the risks arising in their sectors, so as to develop compliance procedures which are reasonable rather than all-encompassing.”

Meanwhile, writing in this week’s NLJ, expert tax counsel Peter Vaines has denounced the calls for politicians to disclose their tax returns as an “absurd” response to the Panama Papers disclosure: “It is interesting that the focus has not been on those who have been hiding the proceeds of crime or corruption but on people who have put their funds in Panama and have paid all proper taxes which are due...The concern should be with bringing to account those who have broken the law rather than focusing on those people who have not.”

Issue: 7695 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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