The Crown Court dismissed charges again the interested party alleging conspiracy to defraud the claimants. Tax-saving crosses the border from lawful to criminal when it involves the deliberate and dishonest making of false statements to the Revenue. The Revenue contended that he had created documents to do that precise thing. Companies with cash assets but liability for Corporation tax were purchased. They were lent substantial sums for the purposes of investment, and the interest charges had the effect of allowing reclaims of Corporation tax. They were then to move offshore. The Inland Revenue contended that the loan arrangements were a sham, and that documents had been falsely dated. The defendant was a tax adviser to the scheme.
Held: None of the documentary evidence constituted an admission by the Defendant, nor informed him of any fraudulent activity. It could not be said that the judge’s decision was perverse.
Judges:
Lord Justice Kennedy, Mr Justice Stanley Burton
Citations:
[2001] EWHC Admin 581, [2001] 4 All ER 721
Links:
Statutes:
Jurisdiction:
England and Wales
Corporation Tax, Taxes Management, Crime
Updated: 01 June 2022; Ref: scu.159918
