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22 Mar 2011
TAX EVADERS could launch human right court battles against HM Revenue & Customs for keeping them under scrutiny, warns City law firm Reynolds Porter Chamberlain (RPC).
As part of HMRC's Managing Deliberate Defaulters programme, the taxman will track individuals that have evaded tax in the last five years.
Further reading
However, RPC claims this could provoke legal proceedings as the scrutiny could infringe on rights to "privacy" or "peaceful enjoyment of their property".
Jonathan Levy, head of tax disputes at RPC, said: "HMRC are obliged to comply with the Human Rights Act and the European Convention of Human Rights. Taking such a proactive and targeted approach may, in certain circumstances, infringe taxpayers' human rights."
"Whilst no one should condone deliberate tax evasion, the police do not target ‘known' criminals in such a way, so it is surprising that the tax authorities have decided to adopt such an approach."
The new measures include unannounced inspection visits, record checks, requests for extra information and inspecting the records of an organisation's customers.
Levy explains some of the targeted individuals may not be "deliberate defaulters". They may be in disagreement with HMRC over the structue they use to avoid tax.
The strategy appears to have been decided by HMRC without parliamentary approval, he added.
HMRC has already begun monitoring 900 individuals as part of the programme.
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Visitor comments Add your comment
Human Rights - least of their worries
HMRC records are SO DIRE at the moment, chances are they would go to court for the wrong people and amounts.
Their back office staff can put a "flag" on an account which has NO audit trail (date, originator, reason, proof that taxpayer has even been contacted) and the baliffs are called in.
The front office (call centre) cannot remove this flag, but CAN admit that it's hogwash.
Court cases - bring it on. HMRC will become an utter laughing stock before we get anywhere near the Human Rights act.
Posted by: Eleanor, 22 Mar 2011 | 17:21
Who are we protecting ?
Innocent people have nothing to fear. Its about time the HRA was over hauled and thrown out. Too often the act appears to be used by the guilty along with a host of other Acts as a 'get out of jail' card.
Posted by: ashley smith, 23 Mar 2011 | 12:08