Tax
Investors Sue Film Investment Firm Amid Avoidance Claims - Report
Reports claim that investors, bankers and celebs are suing a film investment firm over schemes that were branded as tax avoidance.
Bankers, athletes and celebrities are suing investment firm
Ingenious
Media, saying that they were misled about investments in the
film industry that were later branded as tax avoidance schemes by
the UK government, according to media reports.
Dozens of traders and managers from Goldman Sachs, Lloyds Banking
Group, HSBC, Credit Suisse and other banks are among
approximately 500 investors taking part in the London lawsuit,
according to court documents released earlier this month.
Celebrities, including British composer Andrew Lloyd-Webber,
musician Robbie Williams, former football stars David Beckham and
Gary Lineker, are also among the claimants. (Sources:
Bloomberg, Financial Times.)
The UK government has cracked down on the misuse of movie tax
breaks in recent years. The Treasury expanded tax relief for
films in 1997 to boost the British film industry, but loopholes
in the system were widely abused.
Ingenious Media, whose movies include the Life of Pi and
Avatar, ran investment plans focused on films that were
designed to be tax efficient, according to court documents.
Investors say, however, that Ingenious Media “made
representations of fact which were false and which they had no
reasonable grounds for believing were true” while promoting the
plans. This induced the claimants into joining the plans and
losing money, they said.
Ingenious denies that the plans were set up as a tax dodge and is
in its own legal battle with the UK tax authorities over the
issue. A specialist tax court ruled in August 2016 that some
parts of the investments were eligible for tax relief and others
were not, with both sides claiming victory. A spokesperson for
Ingenious said that they were confident of validating the rest of
the investment vehicles at a hearing next March.
Patrick McKenna, the Ingenious chairman, who is also a defendant
in the lawsuit, said through his spokesperson that the claims are
“entirely without merit and will be vigorously defended.”
HMRC, the UK tax office, has said that one of the Ingenious plans
tried to use artificial losses arising from investments in a
range of movies, and that in some variations users claimed more
in tax relief than they had invested.
"Caveat emptor – a fool and their money. The most common reason
for “investment” schemes failing foul of the tax courts is that
the investment element is secondary and the tax benefits
primary,” said Miles Dean, partner of Milestone International
Tax.
"The scheme providers will argue differently, but the
'investments' were not really investments. They were designed to
create losses (an investment usually produces a return) against
which income could be offset; neither the agent, the IFA, nor the
celebrities would fully understand the scheme they were
participating in, other than believing it would reduce their tax
bill. Until 2013, the tax avoidance industry was rampant in this
practice and Ingenious, together with their appointed QCs, were
at the top of the food chain.The problem is that footballers and
pop stars tend to have very limited knowledge of tax law, not
least very complex tax driven schemes, and their agents are no
better. It is likely that many of the IFAs selling the schemes
wouldn’t fully understand the complexities of the arrangements at
hand," Dean added.
This publication has frequently reported on the tax affairs of
sports stars and celebrities, and
collated the best stories about the area in football. This
publication has also reported on the affairs of the UK investment
firm Ingenious Media over the last year, in
February 2018 and January
2018.