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Tax authorities in Britain have started investigations into some of the hundred people named by a whistleblower as having accounts in Liechtenstein, and are aiming to collect more than £200 million in unpaid taxes and fines.
HM Revenue & Customs estimates that it is owed £100 million in backdated tax from the account-holders named in a DVD it bought from an informant several weeks ago.
The Revenue has yet to contact some of the names on the list, but it is estimated that they could have placed as much as £5 billion in accounts in the principality.
Those who are found to have evaded tax on their offshore assets will have to pay the tax plus interest. In addition, they will face fines of up to 100 per cent of the tax owed.
The Revenue’s inquiries could also lead to criminal prosecutions. The maximum penalty for tax evasion is seven years in prison. It is understood that the Revenue is also looking at the possibility that money laundering was used to get some of the the money into the offshore accounts.
The Revenue stood by its decision to pay the informant up to £100,000 for the list of names, which is understood to have been stolen from LGT, the biggest bank in Liechtenstein.
A spokesman said: “The real theft is from UK taxpayers. The material has become available and we need to make sure that UK law is kept.”
Vince Cable, deputy leader of the Liberal Democrats, said: “Paying informants is always ethically questionable, but in this case it was warranted.”
Legal experts said that the taxman regularly pays whistleblowers for tip-offs that lead to the collection of tax and that information would be admissible in court. However, Roger Bindschedler, a tax partner at Howard Kennedy, a firm of solicitors, said that the Revenue would probably use the stolen data as a springboard for further, more conventional research.
Anyone hoping to use data protection laws to have stolen evidence struck out or seeking a court injunction preventing the Revenue from using the data is likely to be frustrated. Sarah Needham at the solicitors’ firm Macfarlanes said: “The Data Protection Act contains exemptions for information obtained in the course of preventing crime or collecting taxes.”
The Revenue has been aggressively pursuing those using offshore accounts to avoid paying tax. Last year it contacted five high-street banks for details of all customers with offshore accounts, although it gave account holders the opportunity to come forward and escape full penalties. Nearly 65,000 people did so, netting the Revenue £400 million. Those who did not come forward are likely to be investigated. The Revenue is asking for details of offshore accounts from the other 150 UK financial institutions.
It is estimated that there is a total of $3,000 billion (£1,500 billion) in global assets held in offshore accounts. These accounts are available to people with as little as €25,000 (£19,000). The average customer has between €2 million and €3 million of investable assets.
Liechtenstein is one of only a handful of tax havens which has refused to share information with tax authorities in other European countries in line with an EU directive of several years ago. As a result it, along with seven other countries including Monaco and San Marino, must pay a 15 per cent levy on the total savings held in their banks, rising to 35 per cent by 2012.
Experts said that sophisticated investors were usually drawn to Swiss offshore accounts. One said: “Liechtenstein offers a more boutique-style service, with the options tending not to be as sophisticated as in Switzerland.”
Investigators in Germany have been visiting hundreds of addresses in the past week after the same informant handed over 1,000 names. Klaus Zumwinkel, chief executive of the state-run postal service Deutsche Post, stepped down earlier this month amid claims that he evaded €1 million in tax by using a Liechtenstein account.
It is understood that the tax authorities in the United States have also acquired files, and have been using them to recoup lost tax revenue.
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It is likely two criminal offences have been committed here: (1) the evasion of UK tax and (2) the theft of personal bank data. Both should be discouraged/prosecuted.
By paying for this HMRC is creating a black market in personal financial information, and although today it's Lichenstein, tomorrow they could use the same logic to break in to businesses and private residences across the UK, and I'm not talking about raids in the normal course of their investigations, what about situations where they have no evidence, just suspicions and contract out the "information finding" to local burglars.
Damian, London, UK
HM Revenue & Customs had better hurry up and colllect before the disc goes missing!!
Ian L, Faversham, Kent
The Government tax people so heavily that many think leaving the country completely is the only answer. Success is met with heavy taxation; look at the amount we all pay. The justice system doesn't function - criminals have the upper hand; equal rights has left the people full of doubt. Don't be ill the hospitals cannot cope, midwives are in short supply and go private for a dentist as NHS dentists are becoming extinct. If you think I am a cynic you are right!!!! This is the age of greed and expense accounts.
Celia, notts, uk
No, Colin this isn't handling stolen property because data doesn't count as intangible property for the purposes of the Theft Act. See Oxford v Moss [1978] 68 Cr App R 183
Andy, Manchester, England
Is this not HMRC "handling" stolen property? I was always under the impression that this is an offence?
Colin, Gramat,
Of course if people were not forced to pay so much tax and receive so little in return (no guarantee of good schools for our children, or reliable and accessible healthcare) with our money instead being frittered away on the lazy and the feckless, tax avoidance would not be so necessary.
John Scott, London,
No wonder the price of gold keeps going up!
Clive, Monterrey,