Background
Misleading Advertising: Dalespay Ltd breaks the UK advertising rules for omitting information to draw potential user’s attention to the possible downsides and consequences of using the tax arrangements offered on the https:// https://dalespay.co.uk/.co.uk/ website.
Together with HMRC, the CAP Compliance team has been taking market-wide action about the advertising of tax arrangements. As part of this work we published our joint Enforcement Notice - Advertising Tax Arrangement Schemes.
The Notice applies to websites which advertise a tax arrangement to UK individuals or businesses that has been challenged by HMRC. The tax arrangement advertised by Dalespay Ltd was challenged by HMRC – some changes were made although problems remain and subsequently this issue was passed to the Compliance team.
Omissions
Ads for schemes under HMRC challenge may be advertised – but it is particularly important to be clear and upfront about the potential risks to customers of entering into the challenged arrangement.
HMRC investigation does not necessarily mean that a claimed tax advantage will not be upheld. It does mean, however, that there is a risk that the scheme will not successfully deliver the tax advantages claimed, which should be disclosed. Omission of the disclosure of risk of entering the scheme is a problem.
The Dalespay website has not laid out any of the risks of entering into their tax arrangement as laid out in the Enforcement Notice.
The CAP Compliance team contacted Dalespay Limited and, in the absence of a response, took the decision on 12 September 2023 to place Dalespay Ltd’s company details on this section of the ASA website. These details shall remain in place until such time as Dalespay Ltd has appropriately amended the https://dalespay.co.uk/ website to ensure compliance with the CAP Code.
