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DG
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Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978
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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 ) 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. 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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16th May 2014 4:20 pm |
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LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23832
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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
Well, I doubt that it would have been mentioned in the press if it hadn't, so probably not 2006 D3 HSE (Original & still the best)-GONE
2010 D4 HSE (A bit bling)-GONE
2014 D4 HSE (Almost too bling)-GONE
2015 D4 HSE (A heated what?)-GONE
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16th May 2014 4:43 pm |
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highlands
Member Since: 10 Jan 2010
Location: NW Highlands
Posts: 5103
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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. Black 05 TDV6 HSE Auto
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16th May 2014 4:43 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978
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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. 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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16th May 2014 5:00 pm |
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LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23832
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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 ) 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. 2006 D3 HSE (Original & still the best)-GONE
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Last edited by LT on 16th May 2014 5:39 pm. Edited 1 time in total
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16th May 2014 5:24 pm |
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LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23832
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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. 2006 D3 HSE (Original & still the best)-GONE
2010 D4 HSE (A bit bling)-GONE
2014 D4 HSE (Almost too bling)-GONE
2015 D4 HSE (A heated what?)-GONE
2016 D4 Landmark (Written Off)-GONE
2016 D4 Landmark (Surely the last!) PD1881 rims-GONE
2017 FFRR SDV8 Autobiography (now semi-retired)
Last edited by LT on 16th May 2014 5:40 pm. Edited 1 time in total
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16th May 2014 5:38 pm |
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LandRoverAnorak
Member Since: 06 Mar 2014
Location: Surrey
Posts: 1172
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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
"You came in that thing? You're braver than I thought!" - Princess Leia
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16th May 2014 5:39 pm |
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LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23832
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LRA, you're exactly right.
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.
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 2006 D3 HSE (Original & still the best)-GONE
2010 D4 HSE (A bit bling)-GONE
2014 D4 HSE (Almost too bling)-GONE
2015 D4 HSE (A heated what?)-GONE
2016 D4 Landmark (Written Off)-GONE
2016 D4 Landmark (Surely the last!) PD1881 rims-GONE
2017 FFRR SDV8 Autobiography (now semi-retired)
Last edited by LT on 16th May 2014 5:52 pm. Edited 1 time in total
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16th May 2014 5:49 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978
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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.â€
“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.†21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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16th May 2014 5:52 pm |
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LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23832
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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 2006 D3 HSE (Original & still the best)-GONE
2010 D4 HSE (A bit bling)-GONE
2014 D4 HSE (Almost too bling)-GONE
2015 D4 HSE (A heated what?)-GONE
2016 D4 Landmark (Written Off)-GONE
2016 D4 Landmark (Surely the last!) PD1881 rims-GONE
2017 FFRR SDV8 Autobiography (now semi-retired)
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16th May 2014 6:00 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978
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What is right ? Could debate that if you like
TBH Colin Bishopp is more qualified than most to make judgements in this subject 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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16th May 2014 6:04 pm |
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Kirky
Member Since: 05 Jan 2014
Location: Blaby
Posts: 182
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Let's be honest here we would all do it if we could it's the companies that need shutting
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16th May 2014 6:37 pm |
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Pelyma
Member Since: 06 Jan 2005
Location: Patching, Sussex
Posts: 15496
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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. DS3 TDV6 HSE - Silver with Alpaca (old one) Gone
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16th May 2014 7:20 pm |
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blue meanie
D3 Decade
Member Since: 04 Aug 2005
Location: Newbury
Posts: 6861
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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.... and theeeeennn......???
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16th May 2014 7:51 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978
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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
21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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16th May 2014 8:07 pm |
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