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The Fading Distinction Between Tax Avoidance and Tax Evasion

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    #21
    Originally posted by Ticktock View Post
    That old chestnut.

    If it's within the letter and the spirit of the law it's legal.
    If it's within one, and outside the other then it is up for question as to whether it's actually legal.

    Loopholes are generally within the letter, but outside the spirit of the law. Things like ISAs are within both the letter and spirit of the law.

    EDIT: This isn't a comment on retrospective laws, BTW. Simply that your assesrtion that loopholes are legal is bunk - they are of questionable legality. Generally that question is answered either in court, creating precedent, or by sending back to parliament to legislate.
    Broadly agree. And the 'spirit', 'interpretation' or whatever of the law should be decided by the judiciary, not by HMRC, self-serving politicians, the Daily Mail or the court of public opinion.

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      #22
      Originally posted by normalbloke View Post
      Broadly agree. And the 'spirit', 'interpretation' or whatever of the law should be decided by the judiciary, not by HMRC, self-serving politicians, the Daily Mail or the court of public opinion.
      Yes, the spirit (intent) of the law is decided by the judiciary, unless they feel that they are unable to, in which case it is referred back to "self-serving politicians" to further legislate.

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