HMRC is alleging Mr Venables evaded nine years’ tax in his personal tax returns.
Tax evasion (technically “cheating the revenue”) is a criminal offence. Tax avoidance is not. The key difference is that tax evasion involves dishonesty. There’s more on what that means in our tax avoidance/evasion FAQ.
Barristers have been prosecuted for tax evasion before; I can’t remember a tax KC being prosecuted. It’s quite hard to believe, so here is confirmation from HMRC1There was a court hearing last week (and a previous one last year) so it’s public information, although not easy to spot. HMRC confirmed, entirely properly, when we asked., and comment from Venables’ chambers, Old Square:
Venables has a reputation for enabling aggressive tax avoidance schemes. Until now, I hadn’t heard any suggestion of tax evasion/dishonesty. It’s important to note he is denying the allegations.
Barristers and solicitors facing HMRC prosecution have historically stepped down or been suspended from their chambers/law firm. However, Venables is still a full member of Chambers and is still practising/advising clients.
Old Square Tax Chambers told me “Robert continues to be a member of chambers, continues to practice and has the full support of chambers”.
I don’t know if Venables’ clients have been informed about the prosecution. I wrote to one (Less Tax for Landlords) and asked if they knew their barrister was on trial for tax evasion; I didn’t receive a reply.
We don’t know anything about the facts of the prosecution, what HMRC’s case is or what Venables’ defence is (other than that he contests the charges). Given the contempt of court rules and reporting restrictions, I’d suggest people are very cautious when commenting, online or offline.
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- 1There was a court hearing last week (and a previous one last year) so it’s public information, although not easy to spot. HMRC confirmed, entirely properly, when we asked.