Question to the HM Treasury:

To ask the Chancellor of the Exchequer, how many promoters and operators of schemes subject to the Loan Charge have been prosecuted for promoting and operating those schemes.

Promotion or operation of mass marketed tax avoidance schemes is not in and of itself a criminal offence. However, there are a range of offences which might be committed by those who promote tax avoidance schemes or advise on their use.

On that basis, to date, a number of individuals are currently under criminal investigation by HMRC for offences linked to schemes subject to the Loan Charge.

In addition to schemes subject to the Loan Charge, since 1 April 2016, more than 20 individuals have been convicted for offences relating to arrangements which have been promoted and marketed as tax avoidance, including offences related to disguised remuneration. These have resulted in over 100 years of custodial sentences, the majority of which relate to promoters.

HMRC are committed to continuing to tackle promoters and operators of tax avoidance schemes. Spring Budget announced a consultation to strengthen the deterrent further by introducing a new criminal offence to make it abundantly clear promoters must stop and, building on a package of recent reforms, to ensure directors can be disqualified from companies which promote avoidance.