I was reminded, as if I needed to be, last week of how serious HMRC are getting with regard to tax avoidance and evasion. The client has inadvertently become caught up in the behaviour of others and yet may still be penalised. With a beefed up penalty regime and inspection powers HMRC have formidable weapons against avoidance and evasion.

In my view only the bravest soul would now enter into a discloseable tax scheme. Those that enter into “non disclosable” schemes need to be very certain that this is indeed the case. Full details must be given to HMRC to minimise the risk of discovery assessments, with the accompanying unexpected tax liabilities, interest and penalties.

HMRC set out on the internet in spotlights what they consider abusive. They now intend to keep us informed of those schemes they consider abusive – we have been warned! Colleagues and taxpayers alike must be wary of the salesman that claims his schemes are “below the radar”, have a robust Counsel’s Opinion and are “non-aggressive”. All too often the only real winner is the promoter.

There will always be those that turn to the far simpler idea of evasion. Be warned, HMRC are ready. We have had various “amnesties” two offshore, one for the medical profession, and one for plumbers and not forgetting the ongoing Liechtenstein disclosure regime, all of which could/can be used by other categories of taxpayers to help speed up the disclosure process and keep pain to the minimum.

HMRC have now created a new task force. The first target of the task force will be the London restaurant trade. To quote HMRC “the specialist teams will undertake intensive bursts of compliance activity in specific high risk trade sectors and locations across the UK. The restaurant trade in Scotland and North West will be the next areas targeted.” Those restaurateurs who feel they may be at risk should seek professional advice immediately.

In addition to some restaurateurs sleeping uneasily there may be a few HSBC account holders in Geneva with cause for anxiety. A disgruntled employee, a Mr Herve Falciani, kindly passed to HMRC the names of 7,000 British customers of HSBC in Geneva. There is nothing illegal about holding an account with HSBC in Geneva but of course if the source of the funds or the income arising has not been disclosed HMRC will be more than interested. Any person with an undisclosed offshore account, be it with HSBC or any other bank, may want to seek professional advice. It is not too late to utilise the Liechtenstein disclosure opportunity to minimise cost.