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Friday 19 August 2011

Limited company contractors warned HMRC arrests are 'just the start'

Limited company contractors have been warned, along with other taxpayers, that recent arrests are "just the start" of a crackdown by HM Revenue & Customs (HMRC).

It comes after recent campaigns led to the arrest of five plumbers for incorrect or non tax payments and a further 600 investigations launched.

The comments could inspire a number of enterprises to seek help with their bookkeeping from a specialist accountancy service.

John Pointing, assistant director of HMRC Criminal Investigation, added: "We provided a chance for those we have arrested - and the 600 we are investigating - to come forward voluntarily and put things right. These arrests send a clear message that HMRC will take action against those who choose not to come forward and pay the tax they owe."

Mike Wells, director of HMRC's Risk and Intelligence Service, said: "These arrests are just the start. Some people may have thought we were bluffing when we said we have information that we will use to prosecute tax evasion.

 

Five arrested as HMRC cracks down on tax evasion among plumbers

The plumbers amnesty (Plumber’s Tax Safe Plan or PTSP) that HM Revenue & Customs (HMRC) launched in March, was criticised as being a ‘damp squib’ at the time after a low take-up with many plumbers unconvinced that HMRC had any information about any undisclosed earnings. HMRC has hit back with news that it has arrested five plumbers on suspicion of tax evasion.

On top of the arrests, 600 civil investigations have been launched into those who failed to register to disclose any irregularities under the favourable terms of the PTSP and HMRC has warned that further raids and arrests should be expected over the coming weeks throughout the UK.

The key point on the recent arrests is that the date for declaring the underpaid tax is not until 31 August 2011, so this first wave is aimed at those who did not register by 31 May 2011.  It is also a clear sign that those who did register need to carefully consider their disclosure before 31 August 2011. It is further evidence that HMRC, appears to be adopting a ‘carrot and stick’ approach to cracking down on tax avoidance and evasion; launching an ‘amnesty’ with lower penalties, then vigorously pursuing those who fail to come forward.

In HMRC’s 2010 disclosure opportunity for medical professionals, The Tax Health Plan, there was a much more muted response with a number of investigations into doctors and other medical staff but no high profile arrests. As HMRC continues to sift through the information received from private medical groups, it is now anticipated that further investigations and prosecutions will be in the near future. Indeed, HMRC itself has confirmed that it intends to increase its prosecutions five-fold this year.

But what of those either in the plumbing trade or medical profession that failed to come forward and are now looking over their shoulders, nervous of HMRC knocking on their door? Put simply, anyone, whether in an amnesty trade or not, who has undeclared tax liabilities should consider coming forward. Those who make a voluntary disclosure will always be looked on more favourably by HMRC than those who remain in the shadows and have to be sought out by the department. With £900 million pledged to HMRC by the Government to beef up its compliance activities and pursue more tax evaders, now is a good time to take advantage of any ‘amnesties’ that are offered by HMRC. The Liechtenstein Disclosure Facility, for holders of offshore bank accounts is still open, and further trade-based initiatives are expected to come along soon.

Although the registration period for the PTSP closed in May that route to disclosure is still open but without the same initial favourable terms.

The example of the PTSP clearly shows that HMRC is launching trade-based amnesties only when it has a significant amount of information about the non-compliance of certain individuals, and it is prepared to use that information to pursue those who are unwilling to come forward and regularise their tax affairs of their own accord.

The current amnesty is the VAT amnesty with a registration deadline of 30 September 2011. Next on HMRC’s radar is rumoured to be education professionals, such as private tutors and fitness instructors. Few details are available so far on what shape any disclosure opportunity for these individuals will take, but an announcement from HMRC is expected in the near future.



Friday 12 August 2011

Pension fund stops payments to dead

DEBT-RIDDEN Greece's biggest pension fund has stopped payments to 1473 pensioners over the age of 90 after finding out they are no longer alive.

The state-run Social Security Fund also says it will sue people who were illegally pocketing such pensions and try to recoup 1.9 million euros ($2.66 million) that has been paid into the accounts of the deceased.

Todayy's announcement follows a continuing fraud investigation after officials found that some 9000 Greeks aged over 100 are receiving pensions. The latest census, in 2001, listed fewer than 1700 people as aged over 100.

Greek authorities also are probing suspected disability and welfare fraud after noticing suspiciously high numbers of beneficiaries.

Greece is surviving on an 110 billion euro ($145.81 billion) bailout loan program from EU countries and the International Monetary Fund.

 

Friday 5 August 2011

Former UBS AG (UBS) banker Gian Gisler was indicted on charges that he conspired to help at least 38 U.S. clients use Swiss banks to hide more than $215 million from the Internal Revenue Service.

Former UBS AG (UBS) banker Gian Gisler was indicted on charges that he conspired to help at least 38 U.S. clients use Swiss banks to hide more than $215 million from the Internal Revenue Service.
Gisler, 45, aided clients using sham entities to hide assets in undeclared accounts, including one valued at $43.3 million, another worth $42.7 million and a third with $19.7 million, according to an indictment in federal court in Manhattan.
“From the mid-1990s through at least 2010, Gisler allegedly conspired with various U.S. taxpayers and others to ensure that his clients could hide their Swiss bank accounts and the income they generated from the IRS,” according to a statement by U.S. Attorney Preet Bharara.
Gisler worked at UBS from the mid-1990s until 2008, when a U.S. probe of the bank intensified. UBS, the largest Swiss bank, was charged in 2009 with helping Americans evade taxes. The bank avoided prosecution by paying $780 million, admitting it helped Americans evade taxes and turning over data on 250 secret accounts. It later handed over data on another 4,450 accounts.
After 2008, Gisler worked at a Swiss asset management firm, helping to move accounts of his U.S. clients from UBS to other Swiss banks, according to the indictment.
In mid-2009, that firm began to stop helping U.S. taxpayers keep accounts hidden from the IRS, “which again made it, as a practical matter, impossible for Gisler to conduct his usual business of assisting U.S. taxpayers in maintaining undeclared accounts,” according to the indictment.
Accounts Transferred
He then joined a second asset-management firm, transferring his client accounts to help keep those assets undeclared, according to the indictment.
In the past three years, more than two dozen UBS clients have been charged with tax crimes, as well as several bankers and financial advisers. On Aug. 2, former UBS banker Martin Lack was charged with conspiring to help wealthy Americans evade taxes by hiding accounts in a smaller Swiss regional bank.
Since 2009, more than 19,000 U.S. taxpayers avoided prosecution by disclosing their accounts to the IRS. In doing so, taxpayers had to identify their offshore accounts, bankers and advisers, as well as how they moved their money. More than 200 taxpayers have been questioned by prosecutors building new cases.
‘Undeclared Accounts’
The indictment refers to four Swiss banks and a smaller Swiss cantonal bank where Gisler “managed accounts and/or arranged for undeclared accounts to be opened and held.”
It also provides details on the cases of five U.S. clients, including a New Jersey couple that held UBS accounts for three decades. Gisler began working as an adviser to them in 2004 or 2005, according to the indictment. In 2008, he wrote to them, saying the bank would no longer protect them.
“I have known you and your family for a long time,” he wrote, according to the indictment. “I am here to help. But, of course, only if you are willing to accept my help!”
In late 2008, the couple traveled to Zurich, where they met Gisler, and he transferred their accounts from UBS to another Swiss bank, according to the indictment. The new bankers gave them a secret code to use when making contact.
The case is U.S. v. Gisler, U.S. District Court, Southern District of New York (Manhattan).

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