Pictured above: Paul Malin
Few people relish their tax affairs being caught in the
spotlight, let alone when they are told that they are part of a
"project", an expert has warned.
Paul Malin, director of tax investigations at the Birmingham
office of BTG Tax, part of the Begbies Traynor Group, said the rich
and famous with homes and bank accounts around the world, could all
too easily be targeted by HM Revenue & Customs.
"To some, such a lifestyle is to be envied. To others, it is a
cross they have to bear," said Mr Malin. "Anyone can have
complicated tax affairs but for some it is the natural progression
having achieved a certain status. Having generated a particular
level of wealth, taxpayers do well to recognise the need to seek
ongoing professional tax advice and better still to follow that
advice."
Such individuals are constantly under the scrutiny of HMRC's
dedicated High Net Worth Unit.
They are not all pop stars and footballers but also the likes of
ordinary people who have inherited wealth or entrepreneurs who have
done well. They do not generally flaunt their wealth.
Some may have created offshore mechanisms to avoid tax or to
protect the family's wealth. Such mechanisms are now to be
challenged.
"This group of taxpayer are not tax evaders - they simply have
complicated tax affairs. They may legitimately take part in tax
mitigation schemes and so already face some scrutiny from that
perspective already," said Mr Malin.
Those under the intense watchful eyes of the HNWU are more
likely to be targeted as a project in which the Land Registry may
be used as a source of information.
"Directorships of UK companies are generally cross referenced at
Companies House but not so for property owners at the Land
Registry. To get the same background information, each property has
to be looked up and a note made of the owner's details before any
questions can be asked of how the property might have been funded
or whether the proceeds are taxable or not " said Mr Malin.
Only recently the Deputy Prime Minister Nick Clegg announced
that the coalition government is considering the introduction of a
new rule "to ensure that wealthy individuals pay their fair share
of tax".
Mr Malin emphasised that all is not lost for taxpayers finding
themselves under investigation as a result of such projects.
"If you owe tax then it follows that you owe interest on late
payment of that tax and a financial penalty equivalent to up to 100
per cent of the tax. By definition, any penalty may prove very
costly indeed and every effort should be made to protect the
taxpayer in these circumstances.
"A way forward could be to consider the Liechtenstein Disclosure
Facility - if you meet the requirements - which would mean you
could cap any tax geared penalty at just 10 per cent."
For more information about Begbies Traynor, please visit their
website here: www.begbies-traynorgroup.com