HC 860 - Tax Avoidance: The Role Of Large Accountancy Firms (Follow-Up)

Book excerpt: The tax arrangements PwC promoted in Luxembourg bear all the characteristics of a mass-marketed tax avoidance scheme according to the Public Accounts Committee. Large accountancy firms advise multinational companies on complex strategies and contrived structures which do not reflect the substance of their businesses and are instead designed to avoid tax. In light of the publication of leaked documents detailing some of the tax advice it has given to its multinational clients, the Committee took evidence from PriceWaterhouseCoopers (PwC). PwC did not convince the Committee that its widespread promotion of schemes to numerous clients, based on artificially diverting profits to Luxembourg through intra-company loans, constituted anything other than the promotion of tax avoidance on an industrial scale. The fact that PwC's promotion of these schemes is permitted by its own code of conduct is clear evidence that Government needs to take a more active role in regulating the tax industry, as it evidently cannot be trusted to regulate itself. HMRC should set out how it plans to take a more active role in challenging the advice being given by accountancy firms to their multinational clients. In contributing to the OECD's discussions aimed at reforming international tax law, HMRC should push for a more rigorous and meaningful definition of what "substance" means in respect of business, particularly if multinational companies conduct any business in the countries where they shift profits to in order to avoid tax. The Committee believes strongly that the Government must act by introducing a code of conduct for all tax advisers.