Law and Regulation of Tax Professionals

Introduction
Overview
Tax Planning v. Avoidance v. the GAAR: the current climate
Professional Standards and facilitation and promotion of tax avoidance
Tax evasion
Summary of recent developments

2. Regulatory Framework: an outline
Contract
Law of Negligence
Anti-money laundering
Criminal Finances Act 2007

3. Professional Conduct in Relation to Taxation (PCRT)
Professional Bodies and applicable Standards: ACCA, AAT, ATT, CIOT, STEP
integrity, objectivity, professional competence and due care, confidentiality and professional behaviour
Tax planning: the client specific standard
Tax planning: the lawful standard
Tax planning: the disclosure and transparency standard
Tax planning: (i) contrary to the clear intention of Parliament in enacting relevant legislation; and/or (ii) highly artificial or highly contrived arrangements
Solicitors Regulatory Authority
Bar Standards Board

4. Regulatory obligations
Disclosure of Tax Avoidance Schemes (DOTAS) / overview / hallmarks / who is a promoter? / who is an introducer? / Finance Act 2004
Disclosure of VAT Avoidance Schemes: Schedule 11A to the VAT Act 1994 and Schedule 2 to the Finance Act 2004
Promoters of Tax Avoidance Schemes (POTAS)
Monitoring notices

5. Liability under Contract
Engagement letter: scope and interpretation
Express and other implied terms (The Supply of Goods and Services Act 1982, s.13)
Breach of terms
Causation
Loss
Limitation

6. Liability for negligence
Duty of care
Concurrent duty of care in tort
Standard of care
Breach of duty
Failure to warn of specific risks
Causation: did the breach cause the loss? Did the claimants rely on the advice which was given?
Loss
Limitation

7. Defences
Contributory negligence
Are the claims statute barred? section 2 and section 14A of the Limitation Act
Is any breach excluded by terms of business? Unfair Contract Terms Act

8. Privilege: tax advice and disclosure
Scope: Three Rivers District Council v Governor of the Bank of England (No 6) [2004] 3 WLR 1274
Lawyers
Accountants: R (on the application of Prudential plc and another) v Special Commissioner of Income Tax

9. Criminal Investigations
Criminal investigation and prosecution
Search warrants and productions orders: Police and Criminal Evidence Act 1984
Role of the adviser
Dealing with a dawn raid and interviews

10. Tax Evasion Facilitation Offences and Anti-Money Laundering
failure to prevent the facilitation of evasion: Criminal Finances Act 2017
scope of offence: facilitation of UK tax evasion
scope of offence: facilitation of evasion of non-UK taxes
meaning of 'associated person'
Defence – reasonable prevention procedures: what are they?
HMRC guidance
Anti-Money Laundering