Tax barrister accused of evading £2million of income taxes to pay gardener

One of the UK's leading tax barristers has been accused of evading £2million of income taxes to pay his gardener.

Robert Venables KC, 78, is facing three charges of tax evasion for almost 10 years, Southwark Crown Court has been told.

Prosecutor Julian Christopher KC said Mr Venables "paid almost £2million less tax than he should have done".

"There is no doubt in this case that Mr Venables did pay less tax than he should have done," he told the jury.

"The issue for you to determine will be whether that may have been an honest mistake, or whether he did so – as the prosecution allege – dishonestly."

Mr Venables, who has denied all three charges, is alleged to have used a partnership structure to conceal his real income.

The prosecutor argued Mr Venables had crafted a reputation dependent on his work representing taxpayers taking HMRC to court over tax disputes.

He said: "In practice this was the nature of his court work – putting forward arguments as to why HMRC’s analysis of the factual circumstances, or the law, or both, is wrong – unless, no doubt, his advice was that actually HMRC was right, and that the taxpayer should be paying what HMRC were demanding.

"It appears that Mr Venables saw himself as something of an adversary of HMRC.

"For example, he told those attending a tax seminar that as soon as HMRC see that he is involved for the taxpayer in a case, HMRC say: 'I think we’ll back off this one, we’ll put this one onto the too difficult for the moment pile.'"

The man first became a barrister in 1973, later becoming a Queen's Counsel. In 1990, Mr Venables became a King's Counsel.

The 78-year-old filed his returns on income from the RVQC Partnership as a self-employed barrister.

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The charges laid against Mr Venables are based on these yearly self-assessments to the Government between 2014 and 2021.

He is alleged to have spent the funds to pay for his gardener and housekeeper.

Mr Christopher explained the trial is assessing illegal tax evasion, rather than accidentally exploiting legal loopholes, which is tax avoidance.

He said: "We are not concerned in any way about approval or disapproval of rich people finding ingenious ways to save tax.

"Different people may have different views about that, but those views are not what this case is about, and play no part in what has to be decided.

"We are concerned in this case with the difference between taking advantage of the law as it stands to find a way of paying less tax – and dishonestly pretending that you are liable to pay less tax than in fact you know you should be paying.

"Dishonestly paying less than you know you should be paying is not just tax avoidance – it is tax evasion

"It is cheating HMRC of tax which you know you should be paying."

The trial continues.

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