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Frank made this Freedom of Information request to HM Revenue and Customs
The request was partially successful.
From: Frank
18 October 2009
Dear Sir or Madam,
I have a Freedom of Information Request for the following
information.
I have watched with interest this year the scandal surrounding the
claims of MP's expenses. I have been very concerned by the spin
that has been placed on the illegal practice of Capital Gains Tax
avoidance when selling a second property by calling it " flipping
".
Hazel Blears apparently managed to escape having to pay tax on a
second house she sold, as she was told by Dave Hartnett that she
was not liable for CGT in May 2009. I would be grateful if you
could confirm this is true and I would also be grateful if you
could confirm that a full and thorough investigation was carried
out by the HMRC and not as was reported in the papers ( just a case
of Dave Harnett telling her she was not liable in a personal
meeting )?
If Hazel Blears was not liable for CGT, I would like clarification
on the practice of " flipping " as I have recently changed my
primary residence to one of my other properties that I now wish to
sell. Does this mean I am not liable for CGT? Does this also mean
that the HMRC has set a president solely for MP's to " flip "
properties that they wish to sell and avoid paying CGT whilst
declaring their primary residence as another address for
parliamentary duties?
In May 2009 HMRC also informed the Daily Mail newspaper that there
would be an investigation in 40 MP's expenses with regards to
claims on accountancy fees. Did this investigation ever take place?
If there was an investigation, what was the outcome? I appreciate
that you are unable to name specific MP's with specific outcomes on
their individual investigations, but I'm sure that you can confirm
whether a specific number of MP's were cleared or found guilty at
the conclusion of the investigation?
I'm sure that many MP's will fall under the current Money
Laundering Regulations ( MLR ) in relation to failures to declare
income from property sales, business dealings in this country and
abroad and phantom mortgages and expense claims! Will these
individuals be pursued under the current MLR and will this be
separate to current investigations into expense claims? As I
understand the guidance and regulations from the HMRC in relation
to MLR at the moment, any amount over £10 is subject to these
regulations?
It appears that Dennis Bates, the husband of former minister Meg
Munn, was paid to advise and help many MP's complete their tax
returns. Even if he was not registered with the ICA or ACCA, he
would have to have been his own Money Laundering Officer ( as he
was self employed when paid to carry out the work by MP's ) and
thus responsible for notifying the HMRC and Inland Revenue of
irregularities in those MP's expenses. Will you be investigating Mr
Bates over this matter?
I trust that all MP's will be subject to the same penalties,
interest and fees as general members of the public on completion of
your investigations, and that there will be NO special dispensation
because you are investigating MPs?
I also note with interest the strange coincidence this year between
MP's expenses and the New Disclosure Opportunity scheme that is
currently running and the new " name and shame " scheme you will be
implementing next year. Could you please confirm the start date of
the NDO scheme as despite examining your website, I am unable to
find any mention of the schemes inception?
I read with interest the details of a new " name and shame " scheme
that HMRC will be running in 2010. I would be grateful if you could
confirm that the details in the excerpt below are correct and
inform me of the schemes start date:
" Currently, the names and details of individuals convicted for
deliberate tax defaults are published, but details of those who are
subject to a civil penalty for such defaults remain confidential.
When the new rules come into force in 2010, anyone who is found to
have avoided a tax bill of £25,000 or more will see their personal
details published on the HRMC website, and potentially splashed
across the press as a result.
Details to be revealed will include name and address; trade,
profession or sector; amount of tax, interest and penalties; and
the period covered. Details will not be published of those who make
a full unprompted disclosure or a full prompted disclosure by March
2010. "
I would like to know if you have have been informed of Lord Paul's
current investigation by the Clerk of the Parliaments in relation
to his expense claims and whether you will be carrying out your own
investigation into his expense " irregularities " as this would
obviously affect his tax liabilities? He would also fall under the
MLR and require further investigation as well I would imagine?
Finally, I would like to know if you will be turning your
attentions to the House of Lords once the investigations have been
completed into MPs in the House of Commons?
Yours faithfully,
Frank Mustill
From: Request, FOI (Security Cen Pol FOI )
HM Revenue and Customs
19 October 2009
Message sent on behalf of Freedom of Information Team
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From: Callan, Aidan (CenPOL FOI & DPA)
HM Revenue and Customs
16 November 2009
Frank Mustill
Attached is HMRC's response to your recent FOI Request.
Thanks
Aidan Callan
Freedom of Information Team
100 Parliament St., London SW1A 2BQ
[email address]
The information in this e-mail and any attachments is confidential and may be subject to legal professional privilege. Unless you are the intended recipient or his/her representative you are not authorised to, and must not, read, copy, distribute, use or retain this message or any part of it. If you are not the intended recipient, please notify the sender immediately.
HM Revenue & Customs computer systems will be monitored and communications carried on them recorded, to secure the effective operation of the system and for lawful purposes.
The Commissioners for HM Revenue and Customs are not liable for any personal views of the sender.
This e-mail may have been intercepted and its information altered.
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