By Legal Futures Associate Brabners [1]
Last month, BBC Panorama [2] turned its attention to Roman Abramovich’s financial affairs, with the programme reigniting the debate around offshore structures, tax transparency and the distinction between legitimate tax planning and tax evasion.
The investigation examined allegations that documents were falsified or backdated [3] within structures connected to Abramovich’s wealth. Abramovich is reported to deny wrongdoing and any tax evasion.
While the specific allegations relate to one individual, the issues raised have relevance for businesses, owner-managed companies, trustees, family offices and high-net-worth individuals across the UK.
Here, Dan Stowers [4] (Head of Corporate Defence & Compliance [5]) and Andy Horsfield [6] (Tax Director) from our tax disputes and investigations team [7] explain why taxpayers are facing ever greater risks, why governance matters more than ever and what businesses and organisations should be doing to ensure transparency and accountability.
Taxpayers face greater risks, even when using professional advisers
The days when offshore structures operated beyond the reach of tax authorities are long gone.
HMRC now has unprecedented access to information through international reporting agreements, data-sharing arrangements and enhanced compliance powers. Combined with increasing regulatory cooperation between jurisdictions, even historic arrangements can come under scrutiny many years after they were implemented.
As a result, taxpayers face a far greater risk of challenge where transactions are poorly documented, records are incomplete or the commercial rationale for arrangements can’t be clearly evidenced.
Even a reliance on professional advisers doesn’t necessarily provide a defence.
The difference between tax planning & tax evasion
UK law permits taxpayers to arrange their affairs in a tax-efficient manner. Legitimate tax planning remains entirely lawful.
Problems arise where documentation doesn’t reflect reality, ownership arrangements are obscured or information provided to tax authorities is inaccurate or misleading.
From HMRC’s perspective, key questions often include:
- Were the transactions genuine?
- Were tax filings accurate?
- Did the documentation reflect what actually occurred?
- Who exercised control over the assets?
- Was there any deliberate attempt to mislead tax authorities?
Where concerns exist, investigations can escalate quickly from civil tax enquiries into allegations involving fraud, money laundering, sanctions compliance or other financial crime matters.
Failure to prevent the facilitation of tax evasion
The Criminal Finances Act 2017 [8] creates a failure to prevent offence where an associated person facilitates, during the course of business, the criminal evasion of UK tax or foreign tax.
The scope of the offence is wide, with the UK offence applying to any corporate, anywhere, that fails to prevent the facilitation of UK tax evasion by an associated person.
The penalties on conviction are many and include an unlimited fine, debarment from public contracts and a variety of legal orders. Significant legal costs when defending and dealing with the matter could also be expected, as well as HR costs and adverse publicity. Individuals concerned in the evasion may also receive an unlimited fine and/or a prison sentence and be exposed to additional ancillary orders.
Governance matters more than ever
One of the biggest lessons from recent high-profile investigations is that governance and record-keeping can be just as important as the underlying transactions themselves.
Businesses and individuals should be able to demonstrate:
- The purpose of corporate structures and offshore entities.
- The commercial rationale behind transactions.
- Accurate beneficial ownership information.
- Robust decision-making processes.
- Appropriate professional advice obtained at the time.
The absence of this evidence can significantly increase regulatory risk.
Professional advisers under scrutiny
Modern investigations rarely focus solely on the taxpayer.
HMRC, regulators and enforcement agencies increasingly examine the role played by advisers, trustees, directors and professional service providers. Investigators will often review correspondence, governance records, transactional documents and advice histories to understand how arrangements were established and maintained.
This reflects a broader trend of holding organisations and advisers accountable where controls or oversight are considered inadequate.
What should businesses & individuals be doing now?
The publicity generated by investigations such as those highlighted by Panorama serves as a useful reminder to review existing arrangements before questions are raised by regulators, tax authorities or enforcement agencies.
Organisations should consider:
- Reviewing historic structures and transactions.
- Identifying areas of potential HMRC challenge.
- Ensuring ownership records are accurate and up to date.
- Assessing tax governance procedures.
- Reviewing international reporting obligations.
- Taking advice where arrangements may no longer be fit for purpose.
Early action is often significantly less costly and disruptive than responding to a formal investigation.
High expectations of transparency
Whatever conclusions emerge from last night’s Panorama programme, the broader message is clear: transparency expectations have never been higher.
In an environment of increased reporting obligations, sophisticated data-sharing and enhanced enforcement powers, taxpayers should be confident that their structures, documentation and governance processes can withstand scrutiny.
If there are uncertainties, a proactive review today may avoid a far more difficult investigation tomorrow
Talk to us
Our corporate defence [5] specialists advise businesses, entrepreneurs, trustees and individuals facing tax disputes [7], regulatory scrutiny and fraud investigations [9].
We’re here to assist with:
- HMRC enquiries and investigations.
- Civil and criminal tax investigations, including Code of Practice 8 (COP8) and Code of Practice 9 (COP9) matters [10].
- Allegations of financial misconduct.
- Forensic reviews of historic transactions.
- Crisis management where tax, regulatory and reputational risk [11] coincide.
Where allegations of tax irregularities arise, obtaining advice at an early stage can be critical to protecting legal privilege, preserving evidence and managing interactions with HMRC and other enforcement bodies.
Get in touch with us today by calling 0333 004 4488 [12], emailing hello@brabners.com [13] or completing Brabners [14].