No it wasnt evasion because he lied - that made it Fraud and got him a suspended sentence as well.
The scheme itself was evasion and he knew it that as why he lied not the other way round
Interesting quote from the Jimmy Carr case in The Guardian
An HMRC spokesperson said: "HMRC is extremely effective at shutting down tax avoidance schemes fast and effectively. The avoidance 'industry' has been seriously undermined by HMRC's focus on tackling avoidance – preventing billions of pounds of tax being diverted from the exchequer." yet AFAIK Carr repaid the tax for moral rather than legal reasons
if avoidance is legal then what basis would the HMRC have for investigating or shutting them down ?
the answer is that HMRC believe any avoidance scheme (using whatever loophole) whose primary aim is to avoid tax is evasion
External Link/Members Only
It is you sir who has it the wrong way around, you must be reading from a different ruling.
There was nothing to suggest that the Nanki or Kinan Trust structures were evasion. Ecclestone didn't lie because he knew they were evasion, he just lied that they actually existed or that he was a beneficiary.
Tax evasion is fraud, that's what he has been convicted of.
Here’s the full ruling;External Link/Members Only In respect of your question
“if avoidance is legal then what basis would the HMRC have for investigating or shutting them down” ? Why would the HMRC need to close down any avoidance scheme if they were in fact illegal - they would just say they're illegal, and shut them down.
HMRC don’t like avoidance schemes – because they can’t do anything about them, because they are legal.
The answer is in what you've quoted from the HMRC Spokesperson above.
HMRC takes steps to amend the rules, so as to ensure the scheme(s) can no longer be used and subsequently classed as avoidance, only then does it become evasion and illegal. So the scheme(s) serve no purpose and they close by default.
In respect of the statement below that would make ISA's tax evasion would it not?
"the answer is that HMRC believe any avoidance scheme (using whatever loophole) whose primary aim is to avoid tax is evasion"