Confusion Reigns Over Privilege; Accountants Say Government Is Treating Them Unfairly; Analysis

The Herald › September 27, 2004

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Summary

BATTLE lines were drawn between accountants and lawyers last week, with the former angrily accusing the government of unfair treatment on the sensitive issue of legal professional privilege. Lawyers were told they could and should refuse to comply with the new tax avoidance disclosure requirements, but the precise impact of the rules on both professions remain mired in confusion.

Parallels were instantly drawn with the similar "get-out" allowing lawyers to set professional privilege as a defence for not reporting suspicious activity under the Proceeds of Crime Act. However, some senior accountants believe the government's determination to make the tax disclosure regime work means it will not leave the lawyers' position unchallenged.

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Extract

Confusion Reigns Over Privilege; Accountants Say Government Is Treating Them Unfairly; Analysis

The controversial regime, which requires "promoters" of tax schemes to provide advance information on them to the Inland Revenue, was introduced by this year's Finance Act and takes effect on Friday. Lawyers' professional bodies have fixed on ...

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