19 October 2023 Issue 5 Katharina Byrne TEP

Know your obligations

Katharina Byrne reminds practitioners of their Professional Conduct in Relation to Taxation obligations when advising on UK tax

In January 2023, the story of how Nadhim Zahawi, former UK Chancellor of the Exchequer, had agreed to pay a penalty to His Majesty’s Revenue and Customs (HMRC) as part of a large settlement over his tax affairs dominated the news. At the time, the main focus of the coverage was on the amount of the settlement, as well as the fact that Zahawi had continued to serve as Chancellor despite being under investigation by HMRC. Little was said about the offshore trust and company structure that had been used to shelter the income and/or gains arising from the disposal of YouGov shares from UK tax.

In brief, it appears that, in 2000, Zahawi arranged for his founder shares in YouGov to be allotted for non-monetary consideration to a Gibraltar company, B Ltd, which was held by a family trust. Some years later, B Ltd sold the YouGov shares and then made cash loans to Zahawi and his spouse using the proceeds of the sale. Although the details are not known, such a scenario could trigger certain anti-avoidance regimes, such as the transfer of assets abroad and the settlement regimes.

Although there is nothing illegal about using offshore structures to hold and manage personal wealth, those advising on the tax implications of such arrangements must always be alive to the risk that they can be used for tax avoidance or even tax evasion. Particular care should be taken where the taxpayer is a UK resident, as was the case with Zahawi.

This article will briefly consider some of the obligations placed by Professional Conduct in Relation to Taxation (PCRT)[1] on STEP members when advising clients on offshore arrangements.

PCRT principles and standards

PCRT sets out the principles and standards of behaviour expected of all STEP members who advise on UK tax matters; it consists of five fundamental principles and five standards. This article examines how some of them could apply to Zahawi’s case.

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