Qubic Tax Scheme - £15 million Losses pursued in alleged Negligence and Undisclosed Commissions Claims
The Case
Our client was introduced to Qubic, a company involved in devising, promoting, and implementing tax planning schemes that HM Revenue & Customs regard as aggressive and unacceptable forms of tax avoidance. These schemes were marketed as enabling business owners to extract profits with minimal tax consequences.
Qubic’s products were often promoted through accountants acting as intermediaries, who recommended these schemes to their own clients — frequently in return for substantial commission payments which were not disclosed.
In this instance, the scheme involved gold bullion transactions and was referred by HMRC to the General Anti Abuse Rule (GAAR) Panel. The panel agreed with HMRC’s view, describing it as:
“A clear case of associated taxpayers seeking to frustrate the intent of Parliament by identifying potential loopholes in complex interlinking anti-avoidance legislation, and arranging a series of intricate and precise steps to exploit those loopholes so as to gain an unexpected and unintended tax ‘win.’”
As a result, our client now faces HMRC liabilities exceeding £15 million, with a further £3 million of inheritance tax liabilities expected.
The Challenges
The claims are complex both factually and legally, concerning alleged causes of action including professional negligence, breach of contract, bribery, breach of fiduciary duty, dishonest assistance, knowing receipt and unlawful means conspiracy.
The losses suffered by our client were compounded by alleged negligent advice from their former solicitors and King’s Counsel during earlier litigation over this scheme. The same solicitors also advised on the underlying tax issues with HMRC, and now face further alleged negligence claims in that regard.
In total, proceedings have been issued against nine separate defendants.
How We Helped
FS Litigation is uniquely placed to pursue this high-value, complex litigation on a fully contingent (“no win, no fee”) basis. Few firms have the expertise or appetite to act against other solicitors and King’s Counsel, let alone simultaneously advance claims for undisclosed commissions, professional negligence, and serious breaches of duty.
Our team works alongside leading specialist tax counsel, forensic tax experts, and other trusted advisers to ensure our client has the strongest possible case.
This matter is one of many complex tax-related claims in which we have supported clients, demonstrating the depth and breadth of our litigation-only expertise.
The Outcome
The case is ongoing and the subject of live Court proceedings.