Warren Hyams, a director of WLH Tax, which advises people being investigated by the taxman, said: “Under European law, all citizens have a right to mitigate their tax liability.
“What concerns us is the muddying of the waters between avoidance and legitimate tax planning — which is legal and is actually a democratic right.”
Be interesting to know the details of that law and right, no?
4 responses so far ↓
1 Gregory Morris // Jun 24, 2012 at 8:32 am
He is possibly referring to the Human Rights Act which gives individuals and companies the right to enjoy property. It is complicated because the legislation does recognise the need for and benefit of taxation. G
2 Alex // Jun 24, 2012 at 11:19 am
Under UK law it goes back to the Bill of Rights which gives parliament/government the right to levy only so much tax as is explicitly provided for by legislation. The individual has the right to arrange their affairs in such a way that the explicit provisions apply to them less onerously.
3 So Much For Subtlety // Jun 24, 2012 at 1:18 pm
The law is what the legislators writ and not what they retrospectively intended. No one has any obligation to incriminate himself.
Isn’t tax avoidance a logic consequence of those two rights?
4 Edward Lud // Jun 24, 2012 at 11:08 pm
SMFS… No on has any obligation to incriminate himself…
Have a look at s.172 of the 1988 Road Traffic Act. The sleight-of-hand by which the House of Lords reconciled s.172 to the right not to incriminate yourself, allied to the usual judicial blather about the demands of public policy, has to be seen to be believed.
I’m afraid this is another ship sailed, another pass sold, another wedge with a thin end.
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