HMRC accused of ‘airbrushing’ Loan Charge scandal amid calls for inquiry

Published

1 year ago

March 19, 2024

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Campaigners and MPs are calling for a parliamentary inquiry into the Loan Charge scandal – accusing HMRC of “airbrushing” its approach to a harsh tax crackdown linked to several suicides.

The Loan Charge Action Group (LCAG) has hit out at the Treasury Committee after it wrote to the tax office requesting information on its approach to contractor loan schemes.

These were widely – but wrongly – promoted by employers as HMRC compliant in the early 2000s, and tens of thousands of workers who signed up for them are now facing life-ruining bills for tax on their salaries which their employer should have paid.

Campaigners said the Treasury Committee letter was “little more than a tick box exercise triggered by all of the recent coverage of the Loan Charge” and an inquiry which hears from victims and tax experts is needed.

Steve Packham, spokesperson for the LCAG, told Sky News: “It is frustrating that instead of holding a full select committee inquiry to hear evidence from those facing the Loan Charge and tax sector professionals, the Treasury select committee has merely written to HMRC.

“It seems that this is little more than a tick box exercise triggered by all of the recent coverage of the Loan Charge, allowing HMRC to pedal the usual misleading and partial responses.”

He accused the committee of a “failure of parliamentary scrutiny in the same way the Post Office were not properly challenged for too long” – in reference to the Horizon IT scandal .

“What is needed is a full select committee inquiry and we urge committee members to announce one and call a variety of witnesses, including those whose lives have been ruined by HMRC’s approach.”

Sky News has previously reported on how tens of thousands of people across the country are facing crippling tax demands from HMRC in a campaign that has been linked to 10 suicides.

What is the Loan Charge?

It all comes back to a 2016 piece of legislation that made individuals responsible for tax which their employers should have paid – the “Loan Charge”.

HMRC has been criticised by MPs and tax experts for not policing the contractor sector at the time of the schemes.

Employers were paid their salaries in loans – and it was widely marketed as HMRC compliant.

Some people facing the Loan Charge, including nurses, cleaners and teachers, have said they had no choice but to be paid this way when they accepted their jobs, while others insist they were trying to do the right thing and streamline their tax affairs following the introduction of complex self-employment rules.

No scheme promoters prosecuted

In his letter to the treasury committee, Jim Harra, the director of HMRC, confirmed that there have been no prosecutions of individuals “for the promotion and/or operation” of what it now calls Disguised Remuneration (DR) schemes – noting that “promotion or operation of mass-marketed tax avoidance schemes is not by itself a criminal offence”.

He said HMRC did not have figures on how many people had joined the schemes “unwittingly” but “the motives of those engaging in tax avoidance schemes do not affect whether tax is due”.

Mr Harra’s letter also revealed that the median settlement for individuals is £19,000, though noted about 40,000 people have still not settled. Approximately 50,000 people are estimated to be affected in total.

He denied accusations the department operates without scrutiny, saying it is “simply not the case that HMRC is unaccountable” and “we act under the general direction of ministers”.

Taking a firm line on recent criticism of “sinister” new tactics, he said: “We do not accept claims that we have been deliberately heavy-handed. We certainly do not intentionally write to taxpayers on specific days, such as their birthday, to increase the impact of our interventions.

“We do not play with people’s emotions. We recognise that there is a human story behind each one of these cases and we take our Charter responsibilities very seriously.”

HMRC ‘airbrushing the whole mess’

Chair of the Treasury Committee, Conservative MP Harriett Baldwin, said: “Many of my colleagues have raised concerns about the implementation and management of the Loan Charge by HMRC. As a Committee, we believed it was important that we got answers both for our fellow MPs and their constituents.

“I hope the information contained in Mr Harra’s response makes a useful contribution to the public debate.”

However, fellow Conservative MP Greg Smith, co-chair of the Loan Charge APPG, said while it is “welcome” the committee is raising the Loan Charge “as well as writing to HMRC, it needs to also hear from victims and tax professionals who can show that so much of what HMRC says is simply not an accurate picture of the Loan Charge Scandal”.

He said: “As usual, HMRC are airbrushing the whole mess and giving the false impression that they acted at the time and warned users, when the reality is that they failed to police the contracting sector and failed to warn contractors and then invented the Loan Charge so they go back retrospectively, but targeting only the workers, not those who operated the schemes.

“With 10 confirmed suicides and 13 attempted suicides, as well as countless lives already ruined, the Treasury Select Committee should also seek evidence from other parties, to get a more realistic picture of the whole Loan Charge Scandal.”

He warned: “Without a change of approach from HMRC, we are very fearful of the consequences and we hope the Select Committee will join us in properly holding HMRC to account, before more lives are ruined”.

Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK.

Politics

SEC and Gemini ask to pause lawsuit to explore ‘potential resolution’

Published

2 hours ago

April 2, 2025

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SEC and Gemini ask to pause lawsuit to explore ‘potential resolution’

The US Securities and Exchange Commission and crypto exchange Gemini have asked to pause the regulator’s suit over the exchange’s Gemini Earn program, saying they want to discuss a potential resolution.

In an April 1 letter to New York federal court judge Edgardo Ramos, lawyers representing the SEC and Genesis requested a 60-day hold on the case and that all deadlines be pulled “to allow the parties to explore a potential resolution.”

“In this case, the parties submit that it is in each of their interests to stay this matter while they consider a potential resolution and agree that no party or non-party would be prejudiced by a stay,” the letter states.

The lawyers added that a stay was in the court’s interest as “a resolution would conserve judicial resources” and proposed that a joint status report be submitted within 60 days after the entry of the stay.

The SEC sued Gemini and crypto lending firm Genesis Global Capital in January 2023, alleging they offered unregistered securities through the Gemini Earn program.

In March 2024, Genesis agreed to pay $21 million to settle charges related to the lending program, but the enforcement case against Gemini remains outstanding.

The letter did not specify what a possible resolution would entail, but the SEC has dropped several lawsuits it launched against crypto companies under the Biden administration, including against Coinbase, Ripple and Kraken.

In February, Gemini said the SEC closed a separate investigation into the firm as the regulator winds back its crypto enforcement under President Donald Trump.

“The SEC cost us tens of millions of dollars in legal bills alone and hundreds of millions in lost productivity, creativity, and innovation. Of course, Gemini is not alone,” Gemini co-founder Cameron Winklevoss said at the time.

OpenSea, Crypto.com and Uniswap, among others, have also recently reported that the SEC had closed similar probes into their companies that were investigating alleged breaches of securities laws.

Magazine: Bitcoin ATH sooner than expected? XRP may drop 40%, and more: Hodler’s Digest, March 23 – 29

Politics

Crypto PAC-backed Republicans win US House seats in Florida special elections

Published

2 hours ago

April 2, 2025

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Crypto PAC-backed Republicans win US House seats in Florida special elections

Two Republicans who received a combined $1.5 million from the crypto-backed political action committee (PAC) Fairshake will enter the US House after winning special elections in Florida.

Republican Jimmy Patronis won the vacant seat in Florida’s 1st Congressional District to replace Matt Gaetz, taking 57% of the vote to defeat Democrat Gay Valimont, according to AP News data.

Randy Fine also took Florida’s 6th Congressional District with 56.7% of the vote to beat his Democratic rival, public school teacher Josh Weil, and fill a seat left vacant by Mike Waltz, who took a job as White House national security adviser.

Florida’s 1st and 6th Congressional Districts — located in Florida’s western panhandle and along the state’s northeast coast — have been controlled by Republicans for roughly 30 years, but their lead has narrowed in recent years.

Fairshake, a PAC backed by crypto industry giants including Coinbase, Ripple and Andreessen Horowitz, gave Fine around $1.16 million in advertising spending and funneled $347,000 to Patronis to support his campaign.

Both Republicans have expressed support for the crypto industry, with Fine stating in a Jan. 14 X post that “Floridians want crypto innovation!”

Fairshake and its affiliates poured around $170 million into the 2024 US presidential and congressional elections to back candidates who committed to supporting the crypto industry.

The wins by Patronis and Fine increased Republican representation in the House to 220 seats, with the Democrats holding 213 seats.

There are two vacant seats to be filled after Texas and Arizona Democrats Sylvester Turner and Raúl Grijalva died on March 5 and March 13, respectively.

Florida can expect to see a crypto-friendly regulatory environment

The victories for Patronis and Fine likely mean that crypto legislation will continue to see support in the US capital.

The Republican Party would have maintained its House majority even if it lost both seats in Florida, but it would have made it more difficult for some of the recently introduced Republican-backed crypto bills to pass through the House and Senate.

At the Digital Assets Summit on March 18, Democratic Congressman Ro Khanna said he believes Congress “should be able to get” both a stablecoin and crypto market structure bill done this year.

Bills that could eventually make their way to the House include the Guiding and Establishing National Innovation for US Stablecoins (GENIUS) Act, which passed the Senate Banking Committee in an 18-6 vote on March 13.

Senator Cynthia Lummis also reintroduced a Bitcoin reserve bill about a week after the Trump administration announced the establishment of a Strategic Bitcoin Reserve on March 6, with the legislation referred to the Senate Banking Committee on March 11.

Magazine: Trump’s crypto ventures raise conflict of interest, insider trading questions

Politics

UK trade bodies ask government to make crypto a ‘strategic priority’

Published

4 hours ago

April 2, 2025

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UK trade bodies ask government to make crypto a ‘strategic priority’

Several British trade associations have asked Prime Minister Keir Starmer’s office to appoint a special envoy dedicated to crypto and for a dedicated action plan for digital assets and blockchain technology.

In a March 31 letter, the coalition of six UK digital economy trade bodies urged Starmer’s special adviser on business and investment, Varun Chandra, for a “greater strategic focus and alignment to deliver investment, growth and jobs” for the crypto industry.

The group, which consisted of the UK Cryptoasset Business Council, Global Digital Finance, The Payments Association, Digital Currencies Governance Group, the Crypto Council for Innovation and techUK, noted the US policy shift on crypto under President Donald Trump and his appointment of a crypto czar.

Britain’s commitment to an economic trade deal focused on technological cooperation with the US “presents a significant opportunity to mirror the United States’ ambition in fostering leadership in blockchain, digital assets, and other emerging financial technologies,” the letter stated.

The group recommended that the UK appoint a blockchain special envoy, similar to the US, to coordinate policy, foster innovation, and position the country competitively in global markets.

The trade bodies also called for the development of a dedicated government action plan for crypto and blockchain technology, including a concierge service to attract high-potential firms.

They added that the government should acknowledge and leverage the commonalities between blockchain, quantum computing and artificial intelligence technologies, including potential applications for government services.

Another recommendation was to create a high-level industry-government-regulator engagement forum to ensure informed decision-making and cross-sector collaboration.

“With deep pools of talent, access to capital, world-class academic institutions, and sophisticated regulators, the UK provides an environment where digital assets and blockchain innovation can thrive,” they stated.

The coalition argues that crypto and blockchain technology could boost the UK economy by 57 billion British pounds ($73.6 billion) over the next decade, with the sector potentially increasing global gross domestic product by 1.39 trillion pounds ($1.8 trillion) by 2030.

Tom Griffiths, the co-founder and managing partner of crypto compliance advisory firm BitCompli, said in response to the letter on LinkedIn that the Financial Conduct Authority “has a lot of talent and a good sight of future plans, but the UK is definitely losing pace with Dubai, Singapore, and other EU jurisdictions.”

“Now is the time for the FCA to act, or the UK will lose out on this huge opportunity, which is digital assets and all the benefits this sector can bring, not only now but over the next 20 years,” he added.

Magazine: Bitcoin ATH sooner than expected? XRP may drop 40%, and more: Hodler’s Digest, March 23 – 29