Pictured above: Jeff Millington
Jeff Millington, senior tax manager at Midlands based BTG Tax,
part of Begbies Traynor Group, analyses the latest tax haven to
throw in the towel.
The net is closing on those who have secretly salted cash away
in Liechtenstein.
But is there now one law for the very rich and another for the
ordinary man in the street?
And is there one law for the Liechtenstein evader and another
for tax dodgers in other havens?
It follows the move by the country to sign an agreement aimed at
uncovering the finances of an estimated 5,000 British investors
with secret bank accounts there.
It gives Britons five years from 2010 to declare their assets in
the tiny Alpine principality and receive favourable treatment in
paying the taxes they owe. The penalties for those who are found to
have evaded taxes will be capped in some circumstances at 10 per
cent of the full amount.
The deal is the latest UK amnesty amid a global crackdown on
offshore tax dodging.
Running parallel with it is a further "New Disclosure
Opportunity" (NDO) relevant to everyone in the UK holding offshore
accounts. It offers them the possibility of significantly reduced
penalties, also 10 per cent, together with payment of the taxes and
duties underpaid and associated interest. Notification of the
intention to make a disclosure must be made by November
30.
The approach echoes HM Revenue & Customs' 2007 tax amnesty,
which was introduced following its issue of formal notices to five
major banks calling on them to hand over details of offshore
account holders. The amnesty was so successful in terms of tax
yield - approximately £440 million - that it caused HMRC to
consider issuing similar notices to smaller financial institutions,
thereby leading to this latest NDO. HMRC has said that the tax
yield from this new initiative could amount to over £500
million over four years.
It is thought HMRC has now obtained authority to demand
information from approximately 300 banks seeking details of UK
resident taxpayers with offshore accounts.
This is the last chance to come clean, it insists.
Both amnesties run from September 1 but the Liechtenstein one is
the more generous.
The historic agreement means that Liechtenstein will start
exchanging information with the UK.
HMRC believes that in Liechtenstein alone British investors have
stashed an estimated £3 billion in hidden accounts.
Although Liechtenstein will not disclose any client data under
the deal, it will close down any accounts where a full disclosure
is not made under the agreement.
It will require all Liechtenstein intermediaries to identify
their clients who need to disclose a tax liability to the UK and
order them to act within an agreed timeframe. If they fail to do
so, Liechtenstein has agreed to withdraw its services to that
individual.
HMRC has made three major concessions:
• It has granted individuals taking advantage of the
amnesty immunity from prosecution.
• A person who has something to disclose has until March
31, 2015 to reveal all.
• No one will be liable for anything owed to the UK tax
authorities before April 5, 1999, a maximum of 10 years.
Recalcitrant investors who don't own up face a 20-year probe of
back assets, being the full extent legislation allows.
HMRC has stated it will pursue those who fail to make a
disclosure. For those individuals concerned, it will charge a
minimum penalty of 30 per cent and has not ruled out criminal
proceedings, where it believes serious fraud has been
committed.
So, it would take either a brave or foolhardy person to ignore
everything and await the inevitable future call from HMRC.
But how fair is all this?
The disparity of treatment is stark.
The Liechtenstein deal offers account holders the opportunity to
settle any unpaid tax with only a 10 per cent penalty and going
back only as far as 10 years. In contrast, the NDO is asking UK
taxpayers with investments in other offshore jurisdictions to
declare unpaid tax as far back as 20 years. In some cases they may
also have to pay a 20 per cent rather than a 10 per cent
penalty.
Yet Dave Hartnett, HMRC Permanent Secretary for Tax, has
previously stated that all taxpayers are treated fairly and
consistently.
It would appear, however, that this statement is clearly
inequitable for the vast majority without the wealth to invest in
Liechtenstein.
Without doubt these two disclosure opportunities will be the
last chance for UK residents to come forward voluntarily to receive
favourable treatment.
Earlier this year, Liechtenstein's government agreed to start
co-operating with other nations on tax matters and has since signed
deals with the United States and Germany aimed at exposing tax
evaders.
It had been under intense pressure since Germany obtained
confidential data on LGT, the country's largest bank, with names of
German citizens hiding money in the state, wedged between
Switzerland and Austria.
Germany has accused Switzerland and Liechtenstein of actively
encouraging Germans to dodge taxes, estimating the annual loss to
government coffers from tax evasion at around £100
billion.
Facing a crackdown on tax evasion by G20 countries,
Liechtenstein and Switzerland - along with several other offshore
centres - agreed in March to relax their strict bank secrecy and
embrace tax co-operation rules set by the respected Organisation
for Economic Co-operation and Development.
Liechtenstein was previously on the OECD's "black list" of
unco-operative tax havens.
But, along with Andorra and Monaco, all three countries
were removed from the list in May after committing to adopt OECD
standards.
Liechtenstein is also starting negotiations with Britain on a
double taxation agreement.