Skip to content
City PM
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
  • DE
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
  • DE
Wednesday 17 August 2016 6:45 pm

Will government plans to fine firms who give advice on aggressive tax avoidance backfire?

By: Mark Davies and Tessa Lorimer

Add as a preferred source on Google

Mark Davies, managing director of Mark Davies & Associates, says Yes.

HMRC’s proposals will fail because they don’t address the fundamental issues. First, consider motive. Nobody likes to pay tax and it is lawful to arrange our affairs to pay the least amount of tax. Second, there is an opportunity to avoid tax because our tax system is mind-blowingly complicated. Tax avoidance relies on mistakes and gaps in the law, tax reliefs and that different taxes have different tax rates. Simplifying our tax law would do far more to lessen the opportunity to avoid tax and lessen the motive to avoid if the tax payable appears to be fair and reasonable. The ability to penalise anybody who benefits from a tax scheme, from the designer, to anyone who markets it or assists with the implementation, is disproportionate and sloppy law-making when it is the existing tax law at fault. Unacceptable tax avoidance is difficult to define and often determined after years of litigation. Law makers should do more to simplify the tax code, and introduce a system of pre-clearance which would prevent uncertainty.

Tessa Lorimer, special counsel in Withers’ tax investigations team, says No.

Tax avoidance schemes will continue to proliferate until the government holds culpable accountants, lawyers and other intermediaries to account. It is not right that taxpayers (many of whom were not sophisticated investors and ought never to have been targeted by their advisers) should be penalised for their roles, when the people who structure and sell these schemes, and receive sizeable commissions for doing so, get away scot-free. As with everything, the devil is in the detail and a cross-agency approach will be essential. The Financial Services and Markets Act 2000 should have prevented the general marketing and mis-selling of these schemes, but through a lack of proper enforcement, has never acted as a strong deterrent. These proposed penalties could be substantial in many cases and, along with naming and shaming those involved, would serve as a powerful disincentive to professionals and intermediaries who otherwise may be tempted to design, promote and facilitate avoidance schemes.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • Opinion

Categories

  • Opinion

Trending Articles

  • Harry Styles at Wembley Stadium review: running through the grief

  • Nottingham Forest owner Marinakis announces £210m stadium plans

  • I’ve taken the best train trips in the world. Here are my 5 favourites

  • Nothing fails to file accounts months after dissolution threat

  • Burnham tax plans spark investor rush to bank capital gains

More from City PM

  • Revealed: Secret Treasury plan to tax State Pension before it is paid out

    Politics
    Keanu Reeves in a business meeting setting, engaging with colleagues around a conference table, discussing project strateg...
  • Inheritance tax enquiries surge to six-year high after HMRC clampdown

    Economics
    Breaking news concept with a digital globe, highlighting global connectivity and information flow in a business context
  • Why World Cup players could pay tax in five different countries

    Sport Business
    Breaking news event with business professionals discussing important financial updates in a modern conference room.
  • LLPs remain under watchful eye – especially from the taxman

    Legal
    Tax documents and calculator on a desk, symbolizing financial planning and tax preparation for businesses and individuals.
  • London homeowners should stand up to Burnham’s property tax grab plans

    Opinion
    London residential architecture showcasing a classic townhouse with brick facade and traditional design elements
  • Streeting tax policies could cost the Treasury nearly £8bn

    Tax
    Wes Streeting addressing media at a public event, wearing a suit and tie, with a focused expression and microphones visible
  • Private equity-backed Ryan breaks with billable hour tradition as AI reshapes sector

    Prof Services
    Ryan 1083720 in a professional setting, cropped for clarity, showcasing business attire and engaged in a focused discussion
  • HMRC has been overtaxing pensioners for a decade- have you been affected?

    Personal Finance
    HMRC overcharged pensioners thousands

City PM — European politics, business and analysis.

Europe

  • Germany
  • France
  • Europe
  • UK & Ireland

Topics

  • Business
  • Markets
  • AI
  • Technology
  • Opinion
  • Energy

More

  • Politics
  • Economics
  • Fintech
  • Legal
  • Sport
  • Life

Company

  • About City PM
  • Editorial Policy
  • Corrections
  • Contact
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
© 2026 City PM · Published by CityPM Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
About · Editorial Policy · Corrections · Contact · Privacy