HSBC Private Bank is facing legal action for £150m from more than 400 individuals who invested in a scheme financing Disney films for tax benefits. These investors are now facing hefty tax bills from HMRC, with some reportedly facing bankruptcy.
The Eclipse film investment scheme was sold as a means of deferring tax through purchasing exploitation rights to Disney movies, making use of legislation introduced under Tony Blair’s Labour government to promote the UK film industry.
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Under the scheme, investors could have deferred paying tax on the amounts paid until the investment bore fruit.
Edwin Coe, the law firm handling the case, claims the rights were never purchased and the scheme was subsequently branded a tax avoidance scheme by the UK Supreme Court.
The tax demands from HMRC are based on income that the investors never received, and are in surplus of their initial investments, according to Edwin Coe.
Football managers past and present, including Sir Alex Ferguson, Glenn Hoddle, Sven Goran Eriksson and Steven Gerrard have all been named amongst the investors embroiled in the fallout from the scheme.
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By GlobalDataSporting figures, it appears, make up a disproportionate amount of those attracted by the scheme, as, among high-net-worth individuals, they have the unique task of sustaining their wealth beyond a comparatively short window of peak earning potential.
Edwin Coe has issued instructions of pending legal action to HSBC and expects a trial to commence in 2020 or 2021 if necessary.
Alongside HSBC, a number of other financial institutions who loaned large sums to Eclipse are also facing legal action. These include Barclays and Bank of Ireland.
David Greene, a senior partner at Edwin Coe, has branded the scheme “a complete sham,” saying they targeted sports stars and other individuals wishing to prepare for the long-term future.
“They were a ‘get rich quick’ scheme for those who devised them including HSBC – receiving huge commission on the back of millions of pounds worth of risk-free investments.”
