New tax avoidance law risks missing target, warns CIOT

New legislation aimed at tackling rogue tax agents and those pushing tax avoidance schemes won't catch all of those it is aimed at, warns the Chartered Institute of Taxation (CIOT).

Instead the measures could make it harder for some taxpayers to get the advice they need to comply with tax laws, the Institute added.

The CIOT argues that the current proposals are not well targeted, imposing potentially unworkable conditions on tax agents. Meanwhile, many of the 'bad actors' who are the real target of these measures will be out of scope and able to continue their abuse of the system, it adds.

The Institute says it is concerned that, without changes, the proposals will lead many reputable advisers to withdraw from giving advice where the meaning of complex tax legislation is unclear, or where the potential tax liability is high.

Ellen Milner, CIOT Director of Public Policy, said:

'The government are right to be taking a robust approach to those who continue to devise, promote or sell mass-marketed tax avoidance schemes. There should be no place for such people and their schemes in the tax services market.

'However, the current proposals are set to miss their target. According to HMRC, the market for tax avoidance schemes is now dominated by about 20 operators. These people are not mainstream tax and accountancy professionals and are largely based overseas. The legislation as drafted will struggle to capture these people.'

Internet link: CIOT