Tax avoidance question

[edb49]

When you use a legal and accepted tax avoidance method, what happens if HMRC decides to close that avenue? Can they back date taxes, and does this normally happen?

For example, the Artic Systems case. HMRC are talking about getting new legislation passed that will mean that the Artic Systems victory is essentially null and void, and that using the husband/wife tax allowance isn't possible any more. In this situation could HMRC back date the taxes?

What I'm getting at is: If it's legal, do you make hay while the sun shines?

[edb49]

The buggers

So they can apply retrospectively. If they do that, can you get penalties and interest?

Finally, what has traditionally happened in the past when they've introduced new legistlation?

[edb49]

Final question. In the case where a law IS applied retrospectively, can they/do they apply penalites and/or interest?

[edb49]

There's got to be something about European human rights and back-dating legislation. Grr!