Miles Herman is a clever, understated lawyer who is at the top of his game.
This is a fast moving area of law that is growing increasingly important for individuals and businesses.
You need proactive advice and representation and our negotiation skills, acquired during our long history of dealing with HMRC and defending prosecutions brought by them, give us that vital edge over our competitors.
We can deal with compounding settlements and representation before the relevant Tribunals – the special compliance office, settlement interviews and finalise settlement agreements.
Our recent work in these fields include:
Over recent years the Revenue have focused upon specific trades or businesses for investigation (both civil code 9 and criminal) e.g. plumbers – the latest profession to feel the full force of the Revenue’s regard are doctors and dentists. Some 1,300 doctors and dentists are the subject of code 9 investigations and 700 are actively being considered for criminal proceedings.
Very often people in this situation turn to their usual accountants for help and advice, sadly we have noticed that these investigations are often badly handled by non specialist accountants. It is imperative that anyone finding themselves coming under the scrutiny of a revenue investigation should consult specialist tax investigation accountants and solicitors.
These investigations are lengthy and stressful. Additionally, it is important to remember that any information uncovered by the Revenue will be passed to other investigating authorities. We have seen on several occasions where the Revenue may have decided against a criminal investigation but they have passed suspicions/evidence re fraud/money laundering/POCA offences to other prosecuting authorities who have then gone on to prosecute.
We can advise on any potential criminal prosecution and have successfully assisted with many civil code 9 interviews and investigations.
We are also specialists in VAT and Tax fraud defence and help you in these complex areas.
The very recent publicity surrounding holders of Swiss HSBC has caused some wry amusement in this office because we have been advising and defending individuals subject to HMRC investigation since 2010. After the German and French authorities paid Herve Falciani for access to the data concerning Swiss HSBC client accounts which fell into his possession, the French authorities then handed HMRC a copy of a list of UK nationals with Swiss HSBC accounts. As a result, we advise a number of individuals who are being considered for prosecution by HMRC, and many more who sought to avail themselves of the various amnesties and disclosure facilities, for example the liechtenstein Disclosure Facility (LDF).
We work closely with leading forensic tax accountants, and have managed to succeed in settling a large number of HMRC investigations concerning these accounts. We also advised the only individual to be prosecuted for non-disclosure concerning one of these accounts. Jeffrey Lewis and Siobhain Egan deal with these issues.
Have you received either a telephone call or a letter offering settlement in respect of a film tax partnership from HMRC?
Doubtless you will have seen all the publicity over the last 18 months or so about these tax partnership schemes. Whether it is tax tribunal decisions concerning Ingenious Media, Eclipse Film Partners 35, Patrick Degorce or even the recent prosecution which resulted in five criminal convictions relating to a movie that was never made (“Landscapes of Lives”).
You will know that HMRC are looking at all film partnership schemes set up in 2003/4 and 2005/06. They will gradually make their way through all schemes set up over the years, and they have a clear view that these schemes have been set up for the purposes of tax avoidance.
HMRC’s confidence about these schemes (and any potential outcome of litigation) means that the terms of settlement that we have seen, thus far, are not particularly attractive or generous.
You will need to look closely at the terms of the partnership and to take advice from specialist tax accountants and solicitors. Quickly, before deciding either to negotiate with HMRC or taking a more robust stance.
There is a great deal to be said for negotiating with HMRC as early as possible, the longer the process drags on, the greater the penalties and interest will be. You must remember that HMRC are looking at tax owing now, but they can also consider future liabilities.
If you decide to litigate and defend your position you will also face huge potential litigation costs, this is a major decision not to be taken lightly and you need TO SEEK OUT EXPERT PROFESSIONAL OPINION ASAP.
Generally, if you have received a letter of settlement offer, then a criminal investigation by HMRC is unlikely to follow. However, HMRC and the CPS have announced in a recent blaze of publicity that they are looking to increase the number of criminal tax prosecutions 5x and they are always looking, for what we describe as one off policy prosecutions. It is wise to take expert advice as soon as possible.
Either or both of these options should be considered, QUICKLY, because certainly as far as suing, whether in contract or negligence, there are strict time limits of 6 years that come into play.
It could be argued that time should run from the date upon which the investor knew that his /her tax partnership scheme was being challenged or closed by HMRC or that of a similar scheme. Time will run for three years from this date, in most cases the First Tier Tribunal decision relating to Eclipse 35 in April 2012 will be an important date.
If the film tax partnership is successfully challenged by HMRC, the investor would expect to pay the tax that s/he sought to defer, but are you aware that you may also be liable for tax paid by the film production company on income paid to the partnership scheme under the lease agreement, i.e. a tax liability on income which you have never received.
We are currently advising investors facing such difficulties; we work with leading tax counsel and specialist tax accountants and can give multidisciplinary advice. Jeffrey Lewis and Siobhain Egan can advise on these schemes as well as HMRC investigations (both civil and criminal) and tribunal proceedings, and we can also advise re civil proceedings/complaints to the SFO.
With offices in Camden, we represent and advise businesses in Central London, West London, North London and across the UK.
For further information or to speak to our solicitors please telephone us on 020 7387 2032, complete our online enquiry form or contact Jeffrey Lewis or Siobhain Egan.
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Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.
