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Weak transmission

30 September 2014 / Jolyon Maugham
Issue: 4471 / Categories: Comment & Analysis , tax barristers , tax law
maugham

A small few tax barristers are harming the majority

KEY POINTS

  • A few barristers will sign off wrongly on tax schemes.
  • Providers then use this opinion to sell to clients.
  • Barristers are not fully exposed to the risk they create.
  • Impose a higher standard for tax advice as in the US?

I have on my desk an Opinion – a piece of formal tax advice – from a prominent QC at the Tax Bar. In it he expresses a view on the law that is so far removed from legal reality that I do not believe he can genuinely hold the view he says he has.

At best he is incompetent. At worst he is criminally fraudulent: he is obtaining his fee by deception. And this is not the first such Opinion I have seen; they pass across my desk all the...

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