Talking To Your Clients About Tax Avoidance

If you’re an accountant, bookkeeper or tax advisor, you’re no stranger to the complex and sometimes murky world of tax avoidance. For your clients, understanding what’s legal, what’s risky, and what could land them in serious hot water is super important.

Talking to your clients about tax avoidance isn’t the easiest conversation to have, especially when it involves things like ethics, the grey areas of tax law, and the potential for hefty penalties. That’s why we’ve put together this quick guide to help.

Start with the basics: What is tax avoidance?

The first thing is to explain what tax avoidance actually means, as many people confuse tax avoidance with tax evasion. While they both involve reducing tax liabilities, as you’re no doubt aware, they are fundamentally different.

  • Tax avoidance is when legal strategies are used to minimise tax payments. It means arranging your tax affairs in a way that takes advantage of tax laws that reduce the amount of tax due. This can include things like claiming tax credits, making pension contributions or taking advantage of tax reliefs available under the law (we’ll look at this again in a minute).
  • Tax evasion, on the other hand, is illegal. This is where a person deliberately misrepresents their financial situation to reduce their tax bill - such as underreporting income, inflating expenses or hiding money in offshore accounts. Tax evasion can result in stiff penalties, including fines and jail time.

While tax avoidance is legal, it can still be controversial. That’s why it’s important to discuss both the “spirit” and the “letter” of the law with your clients.

Be clear on where tax avoidance crosses the line

Many of your clients might think they’re playing it safe, using strategies they’ve seen in the news or heard about from friends. But not every avoidance tactic is acceptable in the eyes of tax authorities – this is where things can get messy.

There are strategies that are perfectly legitimate, and others that can be seen as aggressive, or borderline schemes designed to exploit gaps or ambiguities in tax law. HMRC, for example, has been cracking down on what it terms “contrived and abusive tax avoidance schemes.” These are arrangements that have no real purpose other than to avoid tax, even if they are technically legal.

It’s important to make your clients aware that while some tax avoidance strategies are common practice, others can attract unwanted attention from the tax authorities, especially if they involve complex financial structures or offshore tax havens.

We all know HMRC doesn’t shy away from investigating anyone, let alone aggressive tax avoidance schemes.

Explaining ethical considerations to your accounting clients

Just because something is legal doesn’t always mean it’s the right choice. As an accountant or tax advisor, it’s your job to help clients see the bigger picture, including the ethical side of their decisions.

For example

A tax avoidance scheme might reduce a client’s liability on paper, but if it’s seen as morally questionable or designed to skirt the law’s real intent, it could hurt their reputation.

In today’s world, especially with social media, financial practices are under more scrutiny than ever. Encouraging clients to think about the long-term effects of their choices, including potential reputational risks, can help guide them toward safer, more transparent options.

Highlight the consequences of aggressive avoidance schemes

No one likes to think about penalties but it’s important to mention them, especially when it comes to aggressive tax avoidance. In the UK, the government has rules like the DOTAS regime that means certain schemes must be disclosed to HMRC.

Getting caught up in a non-compliant scheme can lead to hefty fines, interest on unpaid taxes and even legal trouble. Plus, abusive tax schemes can trigger audits or investigations into other parts of your client’s finances, which is definitely something they want to avoid!

Explain tax reliefs and allowances (legal ways to reduce tax)

This is where you can really help your clients! Instead of avoiding taxes, there are many ways to reduce tax liability within the bounds of the law.

This is the more positive side of tax avoidance – the legitimate planning strategies that can help clients take advantage of the tax breaks they are entitled to. For example:

  • Pension contributions: Contributing to a pension plan can reduce taxable income, and in many cases, these contributions are eligible for tax relief.
  • Capital Gains Tax allowance: Many clients don’t realise that they have a tax-free allowance when it comes to capital gains. By being strategic about when they sell assets, clients can reduce the impact of Capital Gains Tax.
  • Income splitting: In certain circumstances, splitting income with a spouse or partner can reduce the overall tax burden.
  • Tax-efficient investments: Encourage clients to explore tax-efficient investments, like ISAs or Enterprise Investment Schemes (EIS), which can offer tax reliefs while also growing their wealth.

These are just a few examples, and they can go a long way in reducing tax bills without the need for anything remotely dodgy.

Be transparent: Help your clients make informed choices

When it comes to talking about tax avoidance, the key is being open and clear. You want to make sure your clients fully understand the pros and cons of different strategies. Keep things simple and straightforward, and don’t shy away from highlighting the risks tied to aggressive tax avoidance schemes.

Remember, your clients trust you to help them make smart, responsible decisions, so being honest and transparent will give them the confidence to make choices they’ll feel good about, now and in the future.

Stay up to date: Tax laws are always changing

Don’t forget, tax laws evolve constantly. What was considered a grey area last year could be completely outlawed this year, or vice versa. That’s why it’s crucial to stay up to date on changes in tax legislation, so you can advise your clients accurately.

Encourage your clients to check in with you regularly to ensure they’re still compliant with the latest tax laws and best practices. Keeping on top of updates from HMRC and other tax bodies will build trust and professional knowledge too. Good luck!

Beth Jackson

AAT Level 3 qualified, I’ve worked in the finance sector since 2017. When I'm not in Pandle HQ, you'll find me hiking and playing the drums.

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