LITIGATION

Criticism of HMRC’s failure to prosecute HSBC Swiss tax evaders has been quite unfair, writes Jonathan Fisher QC (Devereux Chambers). There are problems with criminal prosecution and the decision to focus on tax collection through civil settlement is the right one. It makes little sense to criminally prosecute these cases.

Following the censure HMRC received over the HSBC ‘Swiss leaks’ before the Public Accounts Committee on 11 February, as well as further press criticism, HMRC issued a statement on when and how it came by the leaked HSBC Suis

The Swiss arm of British bank HSBC has been accused of helping its wealthy clients with offshore tax avoidance – and even tax evasion – in the national and international press.

Jennie Granger (HMRC) writes about the new approach of HMRC’s enforcement and compliance business.

Geoff Lloyd and Paul Dennis (EY) examine how ADR is working for large businesses

James Bullock examines HMRC's consultation on closure rules and finds the proposals amount to a staggering 'inequality of arms'.

Patrick Cannon comments on the impact of a recent decision of the European Court of Human Rights.

Practitioner views on the Autumn Statement:

• Helen Lethaby (Freshfields Bruckhaus Deringer) examines the impact on big business;
• Simon McKie (McKie & Co) reviews the private client perspective;
• James Bullock (Pinsent Masons) considers enforcement and compliance issues;
• David Whiscombe (BKL Tax) assesses the impact on SMEs;
• John Whiting (OTS) gives the Office of Tax Simplification’s view; and
• John Hawksworth (PwC) provides an economic perspective.

HMRC’s high profile clamp-down on suspected tax avoidance has pushed the backlog of tax disputes waiting to be heard to a new record high of 27,246, with a particular surge in the number of high-value cases lodged with the Upper Tax Tribunal, according to law firm Pinsent Masons.