Warning notice
Tax avoidance - your duties
"When advising a client on avoidance of tax schemes you should make clear that any avoidance arrangements the client enters into might deliver tax outcomes that were never envisaged or intended by Parliament and may be challenged. You should be clear as to the legal implications, the costs and penalties of non compliance should the arrangement fail.
You should also consider your own position in advising or facilitating such an arrangement. It is likely that, should the arrangement fail, your conduct will be called into question. To be involved in such arrangements is likely to reflect badly on you and to damage public confidence in those delivering legal services. You will leave yourself open to the risk of disciplinary proceedings as well as committing a criminal offence. Where you believe, as a consequence of your client’s instructions, you are at risk then you should advise your client you cannot comply with their instructions and unless they change instructions you should terminate your retainer.
It is for HMRC and the relevant courts and tribunals to adjudicate on the legality of tax avoidance schemes. However, where schemes are defeated and solicitors have advised on the efficacy of such schemes, we will investigate this as evidence of misconduct which may result in disciplinary action.
We will also take action where we see any lack of integrity in your dealings with HMRC, either on behalf of clients or directly."
https://www.sra.org.uk/solicitors/co...ng-notice.page
Tax avoidance - your duties
"When advising a client on avoidance of tax schemes you should make clear that any avoidance arrangements the client enters into might deliver tax outcomes that were never envisaged or intended by Parliament and may be challenged. You should be clear as to the legal implications, the costs and penalties of non compliance should the arrangement fail.
You should also consider your own position in advising or facilitating such an arrangement. It is likely that, should the arrangement fail, your conduct will be called into question. To be involved in such arrangements is likely to reflect badly on you and to damage public confidence in those delivering legal services. You will leave yourself open to the risk of disciplinary proceedings as well as committing a criminal offence. Where you believe, as a consequence of your client’s instructions, you are at risk then you should advise your client you cannot comply with their instructions and unless they change instructions you should terminate your retainer.
It is for HMRC and the relevant courts and tribunals to adjudicate on the legality of tax avoidance schemes. However, where schemes are defeated and solicitors have advised on the efficacy of such schemes, we will investigate this as evidence of misconduct which may result in disciplinary action.
We will also take action where we see any lack of integrity in your dealings with HMRC, either on behalf of clients or directly."
https://www.sra.org.uk/solicitors/co...ng-notice.page
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