HM Revenue & Customs has been asked to investigate alleged tax avoidance by Prince Charles’s £700m hereditary estate.
The duchy of Cornwall last year provided Charles with an income of £18m and HMRC‘s anti-avoidance group is now being asked to examine its non-payment of corporation tax following a potentially significant court ruling on its legal status.
The issue has been raised by an accountant investigating the tax affairs of the duchy – an agricultural, commercial and residential landowner.
He has analysed the impact of a judicial ruling handed down last year. Anti-monarchy campaigners claim it shows the duchy is running “a well-entrenched tax avoidance scheme”.
The duchy insists it “is not subject to corporation tax as it is not a separate legal entity for tax purposes”. But John Angel, principal judge at the information rights tribunal, ruled last December it was a separate legal body to the prince.
Accountants now believe the ruling could leave the duchy exposed to the 24% levy on profits other organisations must pay. Any change to its tax status could result in a cut to the prince’s income.
Republic, the campaign for an elected head of state, has asked HMRC’s anti-avoidance team to investigate whether the ruling means the duchy is now “using a highly questionable interpretation of its legal status as a means of avoiding corporation tax obligations”.
A spokesman for HMRC said it would evaluate the information and “take appropriate action”. There is no suggestion any law has been breached. Clarence House strongly denies claims of avoidance.
The move comes as the House of Commons public accounts committee, which earlier this month criticised Starbucks, Google and Amazon for their “immoral” decisions to avoid paying more corporation tax, prepares to hold a hearing next year into the royal finances. As well as duchy income, last year Charles received £2.2m in grants from the taxpayer to pay for his travel by private jet, helicopter and train and the upkeep of Clarence House.
He voluntarily paid tax of £5m on his £18m income from the duchy last year, which Clarence House said was at the full 50% rate after deductions from expenses.
The duchy owns 53,000 hectares of land in 23 counties, including Prince Charles’s Gloucestershire home of Highgrove. It has provided incomes to successive Princes of Wales since the 14th century. The assertion that the estate is inseparable from Charles has allowed him to use its gross profits to fund private and official spending including 26 valets, gardeners and farm staff. In the past five years he has received more than £86m from the arrangement.
But when Angel was tasked with deciding if the duchy should publish information about its environmental impact, he ruled it must be considered a separate legal body to the prince because of “the differentiation of the duchy and duke in commercial and tax matters as well as under legislation and the contractual behaviour of the duchy”.
The judge said: “We find that the duchy is now a body or other legal person.”
Independent accountants and a firm of tax lawyers consulted by the Guardian over the claims confirmed the ruling had the potential to undermine the prince’s tax arrangements, but said it was not clear-cut.
“There appears to be no legal basis on which the duchy is not taxed and there is no legal basis for the arrangement under which Prince Charles pays tax on an ad hoc basis of his own making,” said Richard Murphy, who runs Tax Research LLP, and has examined the duchy’s arrangements. “We have a token PR gesture from Prince Charles, not unlike Starbucks’ arrangement [to pay voluntary corporation tax].”
Read moreNew Legal Issue: Prince Charles’s £700m Estate Accused of Tax Avoidance
December 17, 2012 By 476 Comments
The duchy of Cornwall gave the prince an income of £18m last year, but says it is not subject to paying corporation tax
Robert Booth
Guardian
HM Revenue & Customs has been asked to investigate alleged tax avoidance by Prince Charles’s £700m hereditary estate.
The duchy of Cornwall last year provided Charles with an income of £18m and HMRC‘s anti-avoidance group is now being asked to examine its non-payment of corporation tax following a potentially significant court ruling on its legal status.
The issue has been raised by an accountant investigating the tax affairs of the duchy – an agricultural, commercial and residential landowner.
He has analysed the impact of a judicial ruling handed down last year. Anti-monarchy campaigners claim it shows the duchy is running “a well-entrenched tax avoidance scheme”.
The duchy insists it “is not subject to corporation tax as it is not a separate legal entity for tax purposes”. But John Angel, principal judge at the information rights tribunal, ruled last December it was a separate legal body to the prince.
Accountants now believe the ruling could leave the duchy exposed to the 24% levy on profits other organisations must pay. Any change to its tax status could result in a cut to the prince’s income.
Republic, the campaign for an elected head of state, has asked HMRC’s anti-avoidance team to investigate whether the ruling means the duchy is now “using a highly questionable interpretation of its legal status as a means of avoiding corporation tax obligations”.
A spokesman for HMRC said it would evaluate the information and “take appropriate action”. There is no suggestion any law has been breached. Clarence House strongly denies claims of avoidance.
The move comes as the House of Commons public accounts committee, which earlier this month criticised Starbucks, Google and Amazon for their “immoral” decisions to avoid paying more corporation tax, prepares to hold a hearing next year into the royal finances. As well as duchy income, last year Charles received £2.2m in grants from the taxpayer to pay for his travel by private jet, helicopter and train and the upkeep of Clarence House.
He voluntarily paid tax of £5m on his £18m income from the duchy last year, which Clarence House said was at the full 50% rate after deductions from expenses.
The duchy owns 53,000 hectares of land in 23 counties, including Prince Charles’s Gloucestershire home of Highgrove. It has provided incomes to successive Princes of Wales since the 14th century. The assertion that the estate is inseparable from Charles has allowed him to use its gross profits to fund private and official spending including 26 valets, gardeners and farm staff. In the past five years he has received more than £86m from the arrangement.
But when Angel was tasked with deciding if the duchy should publish information about its environmental impact, he ruled it must be considered a separate legal body to the prince because of “the differentiation of the duchy and duke in commercial and tax matters as well as under legislation and the contractual behaviour of the duchy”.
The judge said: “We find that the duchy is now a body or other legal person.”
Independent accountants and a firm of tax lawyers consulted by the Guardian over the claims confirmed the ruling had the potential to undermine the prince’s tax arrangements, but said it was not clear-cut.
“There appears to be no legal basis on which the duchy is not taxed and there is no legal basis for the arrangement under which Prince Charles pays tax on an ad hoc basis of his own making,” said Richard Murphy, who runs Tax Research LLP, and has examined the duchy’s arrangements. “We have a token PR gesture from Prince Charles, not unlike Starbucks’ arrangement [to pay voluntary corporation tax].”
Read more



HM Revenue & Customs has been asked to investigate alleged tax avoidance by Prince Charles’s £700m hereditary estate.
The duchy of Cornwall last year provided Charles with an income of £18m and HMRC‘s anti-avoidance group is now being asked to examine its non-payment of corporation tax following a potentially significant court ruling on its legal status.
The issue has been raised by an accountant investigating the tax affairs of the duchy – an agricultural, commercial and residential landowner.
He has analysed the impact of a judicial ruling handed down last year. Anti-monarchy campaigners claim it shows the duchy is running “a well-entrenched tax avoidance scheme”.
The duchy insists it “is not subject to corporation tax as it is not a separate legal entity for tax purposes”. But John Angel, principal judge at the information rights tribunal, ruled last December it was a separate legal body to the prince.
Accountants now believe the ruling could leave the duchy exposed to the 24% levy on profits other organisations must pay. Any change to its tax status could result in a cut to the prince’s income.
Republic, the campaign for an elected head of state, has asked HMRC’s anti-avoidance team to investigate whether the ruling means the duchy is now “using a highly questionable interpretation of its legal status as a means of avoiding corporation tax obligations”.
A spokesman for HMRC said it would evaluate the information and “take appropriate action”. There is no suggestion any law has been breached. Clarence House strongly denies claims of avoidance.
The move comes as the House of Commons public accounts committee, which earlier this month criticised Starbucks, Google and Amazon for their “immoral” decisions to avoid paying more corporation tax, prepares to hold a hearing next year into the royal finances. As well as duchy income, last year Charles received £2.2m in grants from the taxpayer to pay for his travel by private jet, helicopter and train and the upkeep of Clarence House.
He voluntarily paid tax of £5m on his £18m income from the duchy last year, which Clarence House said was at the full 50% rate after deductions from expenses.
The duchy owns 53,000 hectares of land in 23 counties, including Prince Charles’s Gloucestershire home of Highgrove. It has provided incomes to successive Princes of Wales since the 14th century. The assertion that the estate is inseparable from Charles has allowed him to use its gross profits to fund private and official spending including 26 valets, gardeners and farm staff. In the past five years he has received more than £86m from the arrangement.
But when Angel was tasked with deciding if the duchy should publish information about its environmental impact, he ruled it must be considered a separate legal body to the prince because of “the differentiation of the duchy and duke in commercial and tax matters as well as under legislation and the contractual behaviour of the duchy”.
The judge said: “We find that the duchy is now a body or other legal person.”
Independent accountants and a firm of tax lawyers consulted by the Guardian over the claims confirmed the ruling had the potential to undermine the prince’s tax arrangements, but said it was not clear-cut.
“There appears to be no legal basis on which the duchy is not taxed and there is no legal basis for the arrangement under which Prince Charles pays tax on an ad hoc basis of his own making,” said Richard Murphy, who runs Tax Research LLP, and has examined the duchy’s arrangements. “We have a token PR gesture from Prince Charles, not unlike Starbucks’ arrangement [to pay voluntary corporation tax].”
Read moreBBC Trustee Anthony Fry Defending George Entwistle’s ‘Entitlement’ – The 450K Golden Parachute
November 24, 2012 By 2 Comments
By Andrew Woodcock
A BBC trustee who was involved in the decision to give George Entwistle a £450,000 payoff for resigning as director general insisted today he still believes it was the right thing to do.
Anthony Fry said that Mr Entwistle made clear he wanted a full year’s salary as a condition of resigning after just 54 days in the job – twice as much as he was entitled to under his contract and the same as he would have got for being sacked.
Mr Fry said the BBC Trust was faced with the decision of whether to draw a line under the issue immediately or face a protracted wrangle and a possible industrial tribunal, which lawyers warned could result in Mr Entwistle receiving an additional £80,000.
Despite his “irritation” over being asked for double the payout to which the director general was entitled, he told the House of Commons Public Accounts Committee (PAC) that he decided – and Trust chairman Lord Patten agreed – it was better to accept the offer of resignation on November 10.
Mr Fry revealed that the outgoing director general also received a year’s Bupa private medical cover, as well as up to £10,000 to cover legal fees connected with his resignation, legal expenses of up to £25,000 to help Mr Entwistle give evidence to two inquiries into the Jimmy Savile affair, and £10,000 for PR.
The BBC trustee accepted that the figures involved would appear to licence fee-payers to be “in the stratosphere”, but insisted that they were not out of the ordinary for senior BBC managers.
Mr Entwistle received less than former chief operating officer Caroline Thomson, who was paid £670,000 – two years’ salary – when she left earlier this year after being beaten by him in the contest for the director general’s post, he pointed out.
“The director general made it very clear to the Trust through his lawyers that the only thing that was on the table if he was to resign was a payment of £450,000,” Mr Fry told the PAC during a hostile grilling by the committee.
With an increasing sense of crisis building around the BBC following Mr Entwistle’s much-derided response to Newsnight’s inaccurate report on child sex abuse, Mr Fry said he felt that getting the matter resolved quickly was “by far and away more important than sitting on a moral high horse and trying to get the director general to change his mind about the terms under which he would leave”.
He told the committee: “That was a judgment call. If I was asked to make that judgment call again today, I would do the same thing.”
Mr Fry said he felt “a degree of substantial irritation and aggravation” at having to pay Mr Entwistle £450,000, rather than £225,000.
But he was interrupted by PAC chair Margaret Hodge, who told him: “It is not you. It is the licence fee-payer.”
Hearing the details of Mr Entwistle’s severance package, Ms Hodge told Mr Fry: “We express incredulity. It demonstrates a complete lack of understanding of how this is viewed in the public domain, given that it is licence fee-payers’ money. That is the real shocker about this.
“He took a public job, he was hugely well remunerated, he failed in 54 days, he gets incredibly rewarded for failure… There is no understanding of what the ordinary punter turning on the telly feels about it.”
MPs on the committee expressed shock that Mr Entwistle’s contract – and his severance deal – included thousands of pounds-worth of private medical cover.
BBC chief financial officer Zarin Patel told the committee that Bupa cover was a standard part of senior managers’ packages, with 574 of them enjoying the perk at a cost of around £2 million a year, but the practice was halted for new recruits as a cost-saving measure last year.
Ms Hodge said: “I think we are shocked that the BBC feels it is appropriate to use licence fee-payers’ money to fund individuals to get private medicine. I think that is shocking as a principle.”
She urged the Trust to “reflect” on whether medical cover should also be withdrawn from existing staff.
And PAC member Richard Bacon demanded to know why licence fee-payers’ money was given to Mr Entwistle to pay for “PR or bouncers” to help him deal with “doorstepping” by the press.
Another committee member, Guto Bebb, said the director general’s severance brought to £4 million the sums paid out to 10 departing BBC executives in the past two years, adding: “It does look as though losing a job at the BBC is the same as winning the lottery.”
Mr Fry told the committee that the Trust, which acts as the BBC’s regulator and has no part in day-to-day operations, met on the afternoon of Saturday November 10 in the wake of what was widely regarded as a disastrous set of interviews by Mr Entwistle about the Newsnight affair.
The programme had been forced to apologise to Lord McAlpine after wrongly implying that he was involved in child sex abuse, but the director general admitted he had not been aware of the allegations the BBC2 show was planning to air.
At the meeting, Mr Fry said there were “serious concerns around the issue of whether the gravity of the situation had been grasped by the director general”, who told them the BBC must not “over-react” to the crisis, while trustees felt the main danger lay in under-reacting.
“It is clear from what happened subsequently that the director general left the meeting with the very clear impression that he no longer carried the full support of the BBC Trust,” said Mr Fry. “I would characterise that as a fairly accurate reading of the tone of the meeting.”
Mr Fry said Mr Entwistle contacted the BBC’s director of human resources Lucy Adams later that afternoon and asked her to tell Lord Patten that he was “minded” to discuss the terms of his resignation. His lawyers then made clear that he wanted a payout of £450,000, along with further sums to cover other expenses, some of which were refused.
But the Trust never told the director general that he must resign, revealed Mr Fry, telling the MPs: “We did not at any stage, and nor did the chairman, say ‘George, you’ve got to go’.”
There were “no reasons under the terms of the contract” under which the BBC could fire Mr Entwistle without giving him a full year’s salary as compensation, said Mr Fry. And he added: “At no stage on Saturday evening was the director general prepared to resign his position as director general of the BBC other than with the payment of £450,000.
“I expressed the very strong feeling that, in the best interests of the BBC and licence fee-payers, reaching an urgent conclusion was better than playing it long and hoping that in the next 12 or 24 hours the director general’s position would change.”
He added: “Did I feel good about it? Absolutely not. Do I still feel good about it? No. I still feel it was the right thing to do.”
Mr Fry said that compensation for resignation or dismissal was a standard feature of senior people’s contracts at the BBC and it would have been “extraordinary” for someone in a position like Mr Entwistle’s to be expected to serve a probationary period after being hired.
Ms Hodge urged the Trust to allow spending watchdog the National Audit Office (NAO) to look at the terms of Mr Entwistle’s departure.
But Mr Fry said he was not in a position to give permission for such an inquiry, though Lord Patten made clear he was ready for the NAO to conduct a “holistic” review of the BBC’s senior management, including the issue of severance packages.
Mr Fry said he was “deeply concerned” about the number of senior managers at the BBC and the levels of pay they receive, and had taken steps since arriving at the Trust to reduce both.
He told MPs that some cuts had been made, but added: “It is still a journey, still work in progress…
“I recognise – more than sometimes people understand – how shocking some of these numbers are to licence fee-payers.”
Mr Fry said that in addition to his pay-off, Mr Entwistle had a pension pot of £833,000, which would give him an annual pension of £38,000 to £40,000…
Read more at The Independent
It’s Supposed To Be A Public Broadcaster: Will the BBC Trust fix it?
November 15, 2012 By 343 Comments
By Ben Fellows
MaxFarquar.com
The BBC Trust are to investigate how the BBC, its management and structures led to one of the country’s worst cases of institutional paedophilia within the BBC; which spanned decades and continues to this day.
BBC Trust fat cat, sorry I mean Chairman Lord Patten, told BBC staff when he took up his post in May 2011 that there has been “no golden age of governance”. In light of his remarks, one can only assume that the “Golden Age” is not starting anytime soon or at least not under his watch. So, in true children’s BBC tradition, “lets go through the round window” and take a closer look at the BBC Trust and see how exactly they represent us – the licence fee payer.
The BBC Trust was established at the time of the last Charter renewal in 2007.
On the BBC website the Trust states :





Lord Patten: Chairman of ‘the BBC Trust’
Our job is to get the best out of the BBC for licence fee payers. We set the strategic direction of the BBC. We hold the Executive to account for its performance of its functions, and for its compliance with the law, with regulatory requirements, and with the policies, guidelines and codes that we set. We are supported by the Trust Unit, a team of professional BBC staff who report directly to us and who are operationally independent from the rest of the BBCIn other words the BBC Trust is responsible for employing my old frenemy, former Director General Mark Thompson who oversaw the Newsnight fiasco. So I believe it’s unlikely that they will find themselves at fault for hiring the wrong man – or was he? Maybe Thompson was the right man for the job as he’s given himself plausible deniability for his staff’s actions; which gives the board a buffer zone of protection. The BBC Trust members are made up of people from privileged backgrounds. They have conflict of interests galore and are members of a globalist oligarchy.


