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Gary Barlow and Tax Avoidance.
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DG
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highlands wrote:
DG wrote:
I want the multi millionaire Gary Barlow to realise that some in society need him to be parting with his normal tax remit in order that they can perhaps be given an opportunity to survive.


I am working with a Midlands based engineering firm who have developed some ground-breaking (no, not fracking Wink) power generation technology.
They have it working on the bench but needed about another £10m to get it to a commercial product.
We got some money in from government but by far the majority of the money was from wealthy UK individuals who get a tax break for investing in the firm. It directly results in about 20 full-time engineering jobs, lots of UK supply chain benefits and, hopefully, a world-leading engineering product coming from the UK.
Without the tax breaks it wouldn't have been worth the risk for the rich UK taxpayers and we would not have got funding. As it was we reached 2 weeks money left in the business before we closed the funding. So we went from 30 high-skilled UK employees losing their jobs to an additional 20, for now, gaining them.

I would be careful what you wish for.



and if they invest in decent accepted schemes then I applaud that completely ...Barlow (whether he knew or not) chose to invest in a scheme which I would suggest any legitimate company such as your engineering firm wouldn't want to touch with a barge pole.
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Post #128518216th May 2014 5:20 pm
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LT
 


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We don't know how much or little Barlow, or his advisers, knew about the underlying management of this partnership.

I still think that he probably received bad advice from advisers who were either "dodgy" or more likely, hadn't done proper due diligence on the partnership.

Barlow was naive to have not sought the opinion of a QC, though. We are talking about large amounts of money, even by his standards.

As the OP gundogman said:

"The fella appears to owe a lot of tax -fair enough.
He is a singer (although the jury is out on that one) not, presumably, a tax expert.
Doubtless, he will have paid a small fortune for tax advice from professionals, which has been found to be rubbish.
Seems to me he is a victim - why aren't the TV powers that be, tackling the source of the problem instead of going for the 'lazy' win?
No doubt he will pay the money and move on, but how many more people are being conned with these dodgy schemes??
"

Seems to me, that some here are happy to condemn him regardless of the facts. Remember, some of the Tax Relief was deemed to be allowable at the FTT.

Would those same people have applauded him if the plan hadn't had a closure notice put on it Question

Well, I doubt that it would have been mentioned in the press if it hadn't, so probably not Smile
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Post #128518716th May 2014 5:43 pm
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highlands
 


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It isn't as simple as 'decent accepted schemes' though.
Even our engineering company funding could fall foul of the tax break regulations. It was quite close to doing so at one point, quite innocently, and then the investors would lose their tax breaks.
Besides, it goes against your point that Barlow et al should just pay their due tax which, of course, we assume he will.
I believe the incentives for film, music, etc are greater than for an engineering concern, which they'd probably need to be given the greater inherent risk in much of the creative industries.

I can also assure you that many of the investors in our fundraise would not know anything about it other than a brief update from their investment manager. And why would they, given they are often pretty busy people and don't necessarily have a real understanding (nor wishing understanding) of investment strategies and regulations.
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Post #128518816th May 2014 5:43 pm
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DG
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Quote:
Besides, it goes against your point that Barlow et al should just pay their due tax which, of course, we assume he will


I did say "normal tax remit" which I would include "Normal" and fully accepted methods of reducing their tax which this scheme was clearly not. I think we all know the type of schemes which cause such public disgruntlement and I'm sure whether legal or not most people would like to see the back of them.
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Post #128519616th May 2014 6:00 pm
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LT
 


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I was lucky as much as anything else, that I didn't get involved in recommending a particular Film Partnership to clients some 10+ years ago.

It was just gut feeling and a slight disliking of one of the managers that stopped me. I know a couple of very highly respected and qualified advisers who did though.

The monies went towards the funding of a Ken Loach film, it all seemed to be totally above board. The film was made etc. etc.

However, the lawyers and accountants who were employed by the managers of the partnership had "twisted" the legislation a little. Probably in all honesty due to the fact that the legislation is just too vague in the first place.

To cut a long story short, HMRC checked it all over and weren't quite happy with it. The investors have yet to have to pay back any of the tax relief, but they almost certainly will have to. There's been over 10 years of wrangling with HMRC and it still hasn't been finalised.

Another reason why I just steer well clear.

If you have enormously wealthy clients (I don't Big Cry ) it would be hard to keep them if you didn't recommend such plans. So you have to spend a great deal of time and effort on due diligence and even then you're at the mercy of the managers and HMRC.

Clear legislation and regular overseeing to check compliance is what's needed. Something that should have been in place from day one.

Gordon Brown wasn't well known for the right kind of regulation though and this Govt. has been too slow to sort it out, although I'm sure they have excuses.
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Last edited by LT on 16th May 2014 6:39 pm. Edited 1 time in total 
Post #128521216th May 2014 6:24 pm
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LT
 


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DG wrote:
Quote:
Besides, it goes against your point that Barlow et al should just pay their due tax which, of course, we assume he will


I did say "normal tax remit" which I would include "Normal" and fully accepted methods of reducing their tax which this scheme was clearly not. I think we all know the type of schemes which cause such public disgruntlement and I'm sure whether legal or not most people would like to see the back of them.


This type of scheme is a fully accepted method of allowing tax relief for investors. It's jut not "normal" unless you're very wealthy. It's just that this particular one was not accepted in full by HMRC.

No right minded person wants to see this legislation abused, not least the actual investors, as eventually the HMRC will, as in this case, catch up with them. Don't forget all these schemes are registered with HMRC in the first place. They're not hidden away.

As highlands has pointed out, these schemes can mean the difference between a project happening or not. Thumbs Up
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Last edited by LT on 16th May 2014 6:40 pm. Edited 1 time in total 
Post #128522616th May 2014 6:38 pm
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LandRoverAnorak
 


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DG wrote:
I did say "normal tax remit" which I would include "Normal" and fully accepted methods of reducing their tax which this scheme was clearly not.

Isn't the crux of the issue in this case that it wasn't clear? If I understand correctly, it's taken a special tribunal to determine that some, but not all, aspects of the scheme aren't acceptable and that the participants have to pay some tax after all. To my mind, the one thing that is clear is that our tax rules are just too complex for even 'professionals' to understand.
 Darren

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Post #128522716th May 2014 6:39 pm
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LT
 


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LRA, you're exactly right. Thumbs Up

Though in this particular case, if you'd really taken the time and effort to study how this partnership interpreted the legislation, I think it would have sounded alarm bells.

I'd have wanted it to be thoroughly gone over by a relevant QC. This could well have cost tens of thousands of pounds though.

Whilst I don't condone it and it's no excuse, I can see why, especially as the management company has been in existence for 10 years (AFAIK) this level of due diligence wasn't done.

All of this will be ignored by those who are quick to judge and condemn the super rich though.

Just as some judge and condemn all drivers of 4X4's regardless of the facts. Laughing

I'm off now to advise a client on how to avoid paying some higher rate tax by making a contribution to a Pension. I await the flaming Laughing
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Last edited by LT on 16th May 2014 6:52 pm. Edited 1 time in total 
Post #128523116th May 2014 6:49 pm
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DG
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I understand from reading the case that the overall intention of the scheme was quite clear tbh

Quote:
Judge Colin Bishop told the court that “Icebreaker is, and was known and understood by all concerned to be, a tax avoidance scheme.”

“The aim was to secure [tax] relief for members, and to inflate the scale of the relief by unnecessary borrowing,” he explained. “No serious or even moderately sophisticated investor, genuinely seeking a profit... would rationally have chosen an Icebreaker partnership.”
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Post #128523216th May 2014 6:52 pm
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LT
 


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Judge's are always right aren't they DG:

http://www.independent.co.uk/news/uk/const...12478.html

Seriously, though in this case, from what I've read I'd tend to agree with him. Although I do think he's hammed it up a bit to act as a warning etc.

Must fly, tax to needs to be avoided Thumbs Up
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Post #128523816th May 2014 7:00 pm
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DG
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What is right ? Confused Could debate that if you like Laughing

TBH Colin Bishopp is more qualified than most to make judgements in this subject Smile
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Post #128524316th May 2014 7:04 pm
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Let's be honest here we would all do it if we could it's the companies that need shutting
  
Post #128526216th May 2014 7:37 pm
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Pelyma
  


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Every scheme I've looked at like this has a QC that has said it works, it is one legal opinion against another and you never know if it's going to work until it has gone through the courts. Sometimes HMRC wins and sometimes they don't. This is the world IFAs have to work in. Like LT I've not got into this type of planning but even EIS and VCTs which are more mainstream can fall foul of rules.
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Post #128527516th May 2014 8:20 pm
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It's all very well getting inflamed by talented individuals trying to mitigate their taxable income exposure like this but for him to have that Barrow of cash then lots and lots of people have already paid income tax and VAT for tickets, cd's, downloads etc so the treasury hasn't been entirely sidestepped....
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Post #128528616th May 2014 8:51 pm
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DG
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I'm sure that we can get some sort of dodgy tax scheme set up to help the fans out Malc ...LT ? Paul please advise Whistle


Laughing Wink
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Post #128529416th May 2014 9:07 pm
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