Bloomberg Tax quotes Sally Ashford on the forthcoming HMRC requirement for lawyers to register as tax advisers
min readUnder new regulations due to take effect in May, solicitors who do not directly provide tax advice may need to register as tax advisers with HMRC. This includes solicitors who advice on divorce and family matters, who may have to work with HMRC in order to obtain details of asset transfers or information pertaining to financial disclosures. The new rules would consider any professional who interacts with HMRC on behalf of a client as a tax adviser, whether they practice abroad or in the UK, or are a tax specialist or otherwise.
The government says the regime is intended to raise standards in the tax advisory market by requiring advisers to register so the tax authority can monitor them.
But the breadth of the new rules is causing concern among UK law firms, partly because the stakes are high for individuals who register. Concerns have also been raised that lawyers who are not predominantly tax practitioners, might not realise that this registration requirement would apply to them.
Sally Ashford, Partner and Head of our UK Private Client team, comments in Bloomberg Tax:
If we were to send an internal memo saying, 'if you think you're a tax advisor or a relevant person for tax advice, please fill in this form,' I could probably guarantee that the majority of people who are not in the mainstream tax [team] would think that's nothing to do with me. And yet it is.
Read the full article in Bloomberg Tax here (subscription required).