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Understanding Tax Fraud Laws: A Comprehensive Overview

Explore the complexities of tax fraud, confiscation, and criminal prosecutions in the UK legal system. Learn about MTIC schemes, criminal confiscation processes, and recent case studies. Discover the evolving landscape of tax fraud enforcement and the challenges faced in combating financial crimes.

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Understanding Tax Fraud Laws: A Comprehensive Overview

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  1. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014 • The MTIC story 2000-2006 • The cost to the UK • The early MTICs and the ever expanding circles • Contra trading and double contra trading • The summer of 2006 • The appeals in the Tribunal • The criminal prosecutions egEuripus and Devout

  2. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014 • The issue in the First Tier Tax Tribunal • The focus is on the broker/exporter • The Kitteltest • T. “knew or ought to have known” that the transaction was connected to a tax loss • Features of the trade

  3. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014 • The changing focus of the criminal prosecutions • Buffers and brokers • The limited number of cases prosecuted • Disclosure issues/difficulties • The high success rates

  4. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014 • Criminal confiscation and tax fraud • The issues in section 76(4) POCA and 76(7) • What has D “obtained as a result of or in connection with his criminal conduct” and what is the value • The overkill in the Ahmad case - £184.6 million • Tax loss of £12 million • Benefit of co-defendants £90 million each

  5. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014 • The solution in the Court of Appeal [2012] 1WLR 2335 • The Ahmads had obtained the tax loss £12 million each • Proportionality • Ahmad in the Supreme Court judgement June 18th 2014 • The confiscation “cap” • Enforcement

  6. Tax Fraud and Confiscation Simon Farrell QC 3rd October 2014 • Confiscation where are we now ? • Paulet ECHR 13th May 2014 • R v Sale [2014] 1 WLR 663 (CA) • Bestel and others [2014] 1 WLR 457 • Barnes v Eastenders Cash and Carry [2014] 2 WLR 1269 • R v Harvey [2014] 1 WLR 124 (CA) • Hidden assets • Reform

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