ADVERTISING PROHIBITED SPEECH the UK's HMRC publishes censored information

Rule 1 of Fight Club:

https://www.goodfon.com/films/wallpaper-boycovskiy-klub-fight-club.html

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The point of censorship is to suppress the communication of information. That’s why our 1^st Amendment does not allow it.

Over in the UK, their HMRC (our IRS) has created a strange landscape of censorship.

HMRC claims it has legal power to impose prior restraint on legal speech about tax matters:

https://www.gov.uk/government/publications/compliance-checks-penalties-for-failure-to-comply-with-a-stop-notice-ccfs61/penalties-for-failure-to-comply-with-a-stop-notice-ccfs61

This claim is being challenged in the UK Courts under Article 10 Human Rights Act 1998, which is cast in similar terms to the 1^st Amendment:

Article 10 Freedom of expression

1 Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2 The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

But then there is something inexplicable about how HMRC is using this power.

· HMRC says it wants to Stop tax matters - chosen by HMRC – being talked about.

· Then HMRC publishes exactly the information which HMRC wants to suppress.

HMRC publication is done through their UK web portal:

https://www.gov.uk/government/publications/named-tax-avoidance-schemes-promoters-enablers-and-suppliers/list-of-tax-avoidance-schemes-subject-to-a-stop-notice

For example:

Stop notice 1

· Date of publication: 2 March 2023

· Date stop notice issued: 19 December 2022

Details of any arrangements or proposal for arrangements promoted by the person that meet the description specified in the notice

1. A contractor requires an umbrella company in order to enter a contract with an end client to provide their services and receive payments. In these arrangements the umbrella company is registered offshore (company A).

2. The contractor enters into an Employment Agreement with company A.

3. A UK company (company B) provides onshore support to the offshore umbrella company to facilitate the engaging of end clients and recruitment agencies.

4. The employee then undertakes work for the end client and submits timesheets either directly to company B or their agency who pass on the details to the company B. Company B invoice the end client for the work done and receive payment from the end client. The invoices sent to the end client reflect the agreed contract value for services of the contractor.

5. The contractor then receives a salary payment based on the National Minimum Wage rate which is made through the payroll and a second payment, an ‘advance’ which is not made through the payroll and not declared for tax and NICs. This payment was described to an employee as ‘an advance on a discretionary bonus which we have not yet determined, and is therefore non-taxable’.

HMRC has here spelled out in detail – on its own public website - what HMRC says you are not supposed to talk about.

This strange process emerges:

· HMRC claims to impose prior restraint on Mr X or Entity X, about a tax matter M.

· HMRC then publishes the essentials of M.

· With result that anyone but X can freely discuss M and if they wish, use whatever tax arrangements M concerns.

This is not imposing secrecy by prior restraint – it is advertising.