A practising barrister has been added to the government’s list of tax avoidance promoters for the first time. Setu Kamal, called in 2004, is a direct access practitioner who has also qualified as a solicitor.
In a statement today, HM Revenue & Customs said: 'It is HMRC’s view that Setu Kamal, who has 20 years’ experience as a barrister, designed four tax avoidance schemes and created contract templates that are essential to how these arrangements operate. These schemes promoted by MLG Pay Lmited, The Umbrella Agency Limited, Veqta Ltd and Vision HR Solutions Ltd typically promise workers they can keep more of their pay by avoiding income tax and national insurance contributions.
'HMRC’s position is that these arrangements do not work and that users of them face tax bills, interest and potential penalties.'
Under the Disclosure of Tax Avoidance Scheme rules HMRC can publish details of schemes after giving the subjects 'a reasonable opportunity to make representations'. More than 170 schemes and the same number of promoters have been listed.
Jonathan Smith, HMRC’s director of counter avoidance, said: 'Legal professionals have a position of trust and responsibility – they shouldn’t be involved in creating schemes that purport to let people avoid paying tax that funds our vital public services. We want to support those who have used these schemes to exit them and bring their tax position up-to-date. I urge them to contact us as soon as possible so they can settle their affairs.'
The Gazette has approached Kamal for comment. His practice website states: 'With a background as a former practising solicitor and over 20 years’ experience at the bar, Setu is well placed to provide a comprehensive legal service — from initial advice through to communication with HMRC and representation in legal proceedings.'
