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Where Taxpayers and Advisers Meet
Suspended jail sentence for Brixham fisherman
12/02/2008, by Sarah Laing, Tax News - HMRC Administration, Practice and Methods
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A 47 year-old Brixham fisherman has been jailed for nine months, suspended for two years, at Exeter Crown Court for his failure to report income of £113,989 as a self employed share fisherman over a 6 year period. He was also given a 100 hour community service order.

Mark Atkinson, who had previously been employed as a fisherman on a PAYE basis, was aware that deductions of tax and national insurance had to be made from any income he received as an employee or self employed share fisherman. He claimed that because his work took him away from home for long periods, he simply had not found the time to account for his tax and National Insurance. Almost £24,000 was lost to the public purse as a result.

Bob Gaiger, HMRC South West spokesman said:

"Tax evasion is not a victimless crime because it denies the public services that we all use and picks the pockets of the honest majority of taxpayers. HMRC will pursue those who don't pay what the law says they should and this case sends a clear signal to anyone contemplating cheating on their tax that it could lead to a jail sentence. Steps will always be taken to recover the proceeds of crime."

In sentencing Atkinson, His Honour Judge Cottle said:

"You just buried your head in the sand and didn't sign up to the share fisherman scheme so that you put tax to one side. I could send you to prison but I don't think that it is warranted in this case. Steps will now be taken to recover the unpaid tax."

This case was successfully prosecuted by the Revenue and Customs Prosecutions Office (RCPO). RCPO is an independent prosecuting authority reporting directly to the Attorney General, and is responsible for the prosecution of all HMRC cases.

Link

HMRC: press release 11 February 2008

About The Author

Sarah Laing
Editor, TaxationWeb News

Sarah is a Chartered Tax Adviser. She has been writing professionally since joining CCH Editions in 1998 as a Senior Technical Editor, contributing to a range of highly regarded publications including the British Tax Reporter, Taxes - The Weekly Tax News, the Red & Green legislation volumes, Hardman's, International Tax Agreements and many others. She became Publishing Manager for the tax and accounting portfolio in 2001 and later went on to help run CCH Seminars (including ABG Courses and Conferences).

Sarah originally worked for the Inland Revenue in Newbury and Swindon Tax Offices, before moving out into practice in 1991. She has worked for both small and Big 5 firms. She now works as a freelance author providing technical writing services for the tax and accountancy profession.

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