Scotland's Paradise Papers

Download Subtitles

Transcript

0:00:01 > 0:00:02Crikey, she sounds pretty stressed.

0:00:02 > 0:00:06Where exactly are you?!

0:00:06 > 0:00:09This is a story about money, and how the rich and powerful

0:00:09 > 0:00:12try to hide it from the taxman.

0:00:12 > 0:00:16It's the big guys who are using their power,

0:00:16 > 0:00:18their strength and their monetary advantage in order

0:00:18 > 0:00:27to game the system.

0:00:29 > 0:00:32There do seem to be different rules for billionaires.

0:00:32 > 0:00:34In one of the biggest offshore data leaks in history,

0:00:34 > 0:00:36we learn how corporate giants shift their profits

0:00:36 > 0:00:39and avoid the taxman thanks to the world's tax havens.

0:00:39 > 0:00:41The trouble with this stuff isn't that it's illegal.

0:00:41 > 0:00:42The trouble is that it's legal.

0:00:42 > 0:00:45If these companies are not paying their fair share of taxes,

0:00:45 > 0:00:47it means you and I are paying more.

0:00:47 > 0:00:48It's as simple as that.

0:00:48 > 0:00:50It's a story about how big business and billionaires

0:00:50 > 0:00:53use an elite law firm, operating in tax havens right

0:00:53 > 0:00:57on Britain's doorstep.

0:00:57 > 0:01:00It looks like the Isle of Man ExecuJet company

0:01:00 > 0:01:02was a tax avoidance vehicle, which allowed ExecuJet to avoid

0:01:02 > 0:01:06more than $1 million in tax over three years.

0:01:06 > 0:01:08That is absolutely wrong.

0:01:08 > 0:01:12These are Scotland's Paradise Papers.

0:01:24 > 0:01:29You've been hearing about a leak ? it's a big one.

0:01:29 > 0:01:31It's from inside Appleby, a law firm with offices

0:01:31 > 0:01:33in every major tax haven.

0:01:33 > 0:01:36More than 13 million Appleby documents were obtained by German

0:01:36 > 0:01:40newspaper Suddeutsche Zeitung, who shared them with

0:01:40 > 0:01:45the International Consortium of Investigative Journalists.

0:01:45 > 0:01:49The ICIJ has been coordinating a global investigation,

0:01:49 > 0:01:52which includes BBC Panorama and the Guardian newspaper,

0:01:52 > 0:01:59and involves more than 350 journalists in over 100 countries.

0:01:59 > 0:02:01These are documents that should never have seen

0:02:01 > 0:02:03the light of day, basically.

0:02:03 > 0:02:12Every person who pays taxes should care about what we're seeing here.

0:02:12 > 0:02:20We are looking at a firm called Appleby,.

0:02:20 > 0:02:22We are looking at a firm called Appleby,.

0:02:22 > 0:02:24Appleby, which is the principal focus of this investigation,

0:02:24 > 0:02:27they're part of what they call the magic circle of offshore law

0:02:27 > 0:02:30firms - in other words, the elite of the elite,

0:02:30 > 0:02:32and their clients are also the elite of the elite.

0:02:32 > 0:02:34And there are some big names.

0:02:34 > 0:02:35Lewis Hamilton's tax dodge on his private jet.

0:02:35 > 0:02:38Cast members of Mrs Brown's Boys' offshore tax-avoidance scheme.

0:02:38 > 0:02:41And the inner circles of the most powerful men in the world.

0:02:41 > 0:02:43You can't dismiss this as just a few bad guys.

0:02:43 > 0:02:45This is a whole system used by the most powerful

0:02:45 > 0:02:47and the wealthiest, the biggest corporations - exposed.

0:02:47 > 0:02:50BBC Scotland's investigations team is the only Scottish media partner

0:02:50 > 0:02:52with access to the leak, and has been working

0:02:52 > 0:02:54inside the Paradise Papers for the past six months.

0:02:54 > 0:02:56There are thousands of documents relating to Scots

0:02:56 > 0:02:58businesses and people - some of them you'll have heard of,

0:02:58 > 0:03:07and some you won't.

0:03:07 > 0:03:10But they've all got one thing in common ? avoiding tax.

0:03:10 > 0:03:13Blackstone - not a household name, but a global private equity giant

0:03:13 > 0:03:15managing over $350 billion worth of assets.

0:03:15 > 0:03:17It's founder and chief executive is Stephen Schwarzman,

0:03:17 > 0:03:22a close confidant of President Trump.

0:03:22 > 0:03:25And his company has a major interest in Scotland.

0:03:32 > 0:03:35St Enoch Centre in Glasgow.

0:03:35 > 0:03:37One of the most recognisable buildings in the country.

0:03:37 > 0:03:45It was bought by Blackstone in 2013 for £190 million.

0:03:45 > 0:03:48Blackstone is one of Appleby's biggest customers, and the law firm

0:03:48 > 0:03:51was integrally involved in the purchase of St Enoch.

0:03:51 > 0:03:56The Paradise Papers lay bare the lengths Blackstone,

0:03:56 > 0:03:58one of the biggest, richest companies in the world,

0:03:58 > 0:04:03went to to avoid paying UK taxes.

0:04:03 > 0:04:06The data reveals the confidential reports by one of the UK's

0:04:06 > 0:04:09biggest accountancy firms, Deloitte.

0:04:09 > 0:04:13Under the codename Project Genesis, they provide a step-by-step guide,

0:04:13 > 0:04:17tailor-made to help Blackstone avoid tax at every stage of

0:04:17 > 0:04:20the purchase of St Enoch.

0:04:20 > 0:04:23It starts with a deft swerve of £7.6 million

0:04:23 > 0:04:27in stamp duty land tax, made by possible by owning

0:04:27 > 0:04:32the shopping centre through a Jersey property Trust, or JPUT.

0:04:32 > 0:04:36Jersey is a Crown Dependency - which means it's independent,

0:04:36 > 0:04:40but ultimately the UK is responsible.

0:04:40 > 0:04:42And, like several of the UK's Overseas Territories,

0:04:42 > 0:04:45it's a tax haven.

0:04:45 > 0:04:48Jersey specialises in Trusts, and there are thousands

0:04:48 > 0:04:49of them based here.

0:04:49 > 0:04:52One of the many main benefits to holding, say,

0:04:52 > 0:04:55property in a Trust is privacy - it's completely hidden

0:04:55 > 0:04:57from the public.

0:04:57 > 0:05:00But the other main attraction is that it helps companies avoid

0:05:00 > 0:05:08paying British taxes.

0:05:08 > 0:05:11This Trust we're interested in is operated by something the called

0:05:11 > 0:05:14St Enoch Centre Trustee Company Limited.

0:05:14 > 0:05:18Its registered address is here, at Appleby's Jersey office.

0:05:18 > 0:05:21Its directors are Appleby staff.

0:05:21 > 0:05:24It's a brass plate company, which means a company with no

0:05:24 > 0:05:29obvious economic relationship to a shopping centre in Glasgow.

0:05:29 > 0:05:31What did the islands' leading politician think about companies

0:05:31 > 0:05:35using Jersey to avoid the UK taxman?

0:05:35 > 0:05:37If there are concerns in the United Kingdom about how

0:05:37 > 0:05:40people are structuring their investments into

0:05:40 > 0:05:42the United Kingdom...

0:05:42 > 0:05:44If there are concerns there, then the United Kingdom Government

0:05:44 > 0:05:47should change its tax code to deal with them.

0:05:47 > 0:05:49Some organisations use Jersey as part of a complicated

0:05:49 > 0:05:51ownership structure.

0:05:51 > 0:05:53Some might say that the way that the way Jersey Trusts

0:05:53 > 0:05:56operate isn't transparent.

0:05:56 > 0:06:01The United Kingdom Government and their competent authorities can

0:06:01 > 0:06:03request information about what's happening in Jersey wherever

0:06:03 > 0:06:07they might have a concern, and we're at the stage now

0:06:07 > 0:06:13where that information can be exchanged in as little as an hour.

0:06:13 > 0:06:15We asked George Turner, tax researcher and campaigner,

0:06:15 > 0:06:18to look into this structure for us.

0:06:18 > 0:06:21What you have here at the St Enoch Centre to all intents

0:06:21 > 0:06:22and purposes is an economic fiction.

0:06:22 > 0:06:25The property is owned by a Trust in Jersey.

0:06:25 > 0:06:30So when the original owners sold the property to Blackstone,

0:06:30 > 0:06:33they weren't selling the property itself.

0:06:33 > 0:06:38They were selling an interest in the Trust that own the property,

0:06:38 > 0:06:43and because that Trust is owned offshore, they can avoid stamp duty.

0:06:43 > 0:06:47So that's £7 million or £8 million saved right away.

0:06:47 > 0:06:51Saved, or taken.

0:06:52 > 0:06:55The Jersey Trust is owned by a series of Blackstone

0:06:55 > 0:06:57Luxembourg companies.

0:06:57 > 0:07:01Despite having a major base in London, Blackstone has been given

0:07:01 > 0:07:07non-resident landlord status by HMRC, meaning they can collect

0:07:07 > 0:07:12rental income on the property tax-free and send it to Luxembourg.

0:07:12 > 0:07:15The data suggests that could be £10 million a year,

0:07:15 > 0:07:20but they should pay corporation income tax on that in Luxembourg.

0:07:20 > 0:07:23But do they?

0:07:23 > 0:07:25So what appears to be happening is that the rental

0:07:25 > 0:07:28income which is coming in, the companies that are receiving

0:07:28 > 0:07:30that are then borrowing huge amounts of money from other companies

0:07:30 > 0:07:32which are part of the Blackstone Group.

0:07:32 > 0:07:35Now, when they borrow that money, they need to pay interest on it,

0:07:35 > 0:07:37and those interest payments destroy any profitability

0:07:37 > 0:07:40in those companies.

0:07:40 > 0:07:42And the end result is no tax is due?

0:07:42 > 0:07:45Because they're borrowing money from themselves,

0:07:45 > 0:07:49they can claim a tax deduction on that.

0:07:49 > 0:07:52According to registry documents, the Luxembourg companies

0:07:52 > 0:07:54in the St Enoch structure paid just a few thousand pounds

0:07:54 > 0:07:57a year in taxes.

0:07:57 > 0:07:59And, guess what?

0:07:59 > 0:08:01If Blackstone sells the place on, the Jersey Trust structure

0:08:01 > 0:08:04will allow them to avoid capital gains tax, too ? which could run

0:08:04 > 0:08:08into tens of millions.

0:08:08 > 0:08:10It seems like a complete charade.

0:08:10 > 0:08:13A Glasgow shopping centre generating cash in rental

0:08:13 > 0:08:18income here in Scotland, but that cash flows tax-free out

0:08:18 > 0:08:23of Scotland and over to Luxembourg via the tax haven

0:08:23 > 0:08:28where the St Enoch Centre is effectively owned in Jersey.

0:08:28 > 0:08:37Deloitte, the architects of the structure, declined to comment.

0:08:37 > 0:08:39It's not the first time Blackstone used these methods.

0:08:39 > 0:08:42This is Chiswick Park ? a business centre in West London.

0:08:42 > 0:08:45Blackstone bought it in 2011 - and in tax advice, this time

0:08:45 > 0:08:49from accountancy firm PwC.

0:08:49 > 0:08:51And there was no messing about.

0:08:51 > 0:08:54It states the proposed tax structure was designed:

0:08:54 > 0:08:57To mitigate, where possible, taxes on acquisition.

0:08:57 > 0:09:00To minimise ongoing income, corporate, withholding

0:09:00 > 0:09:04and other taxes in UK, Jersey and Luxembourg.

0:09:04 > 0:09:10To minimise tax on exit from a UK, Jersey and Luxembourg perspective.

0:09:10 > 0:09:14The language is quite shocking, because it's so blatant

0:09:14 > 0:09:17what the intention is.

0:09:17 > 0:09:20Blackstone sold Chiswick Park to the Chinese government

0:09:20 > 0:09:25in 2014 for a £300 million.

0:09:25 > 0:09:29So it would appear Blackstone followed the PwC advice

0:09:29 > 0:09:33to the letter, and paid no stamp duty, paid next to no

0:09:33 > 0:09:36income tax on the millions of pounds of rental income,

0:09:36 > 0:09:42and no capital gains on the disposal.

0:09:42 > 0:09:44Not a bad bit of business.

0:09:44 > 0:09:46PwC told the BBC...

0:09:46 > 0:09:49"The advice we provide is given in accordance

0:09:56 > 0:10:00In a statement, Blackstone said: "Blackstone's investments are wholly

0:10:00 > 0:10:04compliant with UK and international tax laws and regulations".

0:10:04 > 0:10:06The properties were acquired by "Institutional investors,

0:10:06 > 0:10:09and are of a type commonly used for decades for investments

0:10:09 > 0:10:11in UK real estate."

0:10:11 > 0:10:14And were "Adopted after appropriate advice was taken from leading tax

0:10:14 > 0:10:18and legal advisors".

0:10:20 > 0:10:22So, whilst Blackstone was the beneficiary of the structure,

0:10:22 > 0:10:26it was Appleby who implemented it.

0:10:26 > 0:10:30And that's what they do.

0:10:30 > 0:10:32They'll create companies for you in tax havens,

0:10:32 > 0:10:35even provide the directors.

0:10:35 > 0:10:38There are thousands of examples of this in data, and some

0:10:38 > 0:10:43specifically involves one of Scotland's biggest industries -

0:10:43 > 0:10:49Ithaca Energy, a Canadian company with its headquarters in Aberdeen.

0:10:49 > 0:10:52In 2012, they were in the process of buying a share in this.

0:10:52 > 0:10:56FPF-1 is a floating oil production vessel.

0:10:56 > 0:11:03The company agreed a deal for £18 million to buy half

0:11:03 > 0:11:05of FPF-1 and share it with two other companies.

0:11:05 > 0:11:07But just days before the transaction, they decide

0:11:07 > 0:11:09they need a shell company in a tax haven.

0:11:09 > 0:11:15Why would a Canadian company with its headquarters in Aberdeen

0:11:15 > 0:11:20need a Bermudan company to own its stake in an oil vessel

0:11:20 > 0:11:27working in the North Sea?

0:11:27 > 0:11:31The Paradise Papers could have the answer.

0:11:31 > 0:11:34Ithaca's Aberdeen office tells Appleby: "It is important

0:11:34 > 0:11:36for our tax position that the company is managed

0:11:36 > 0:11:38and controlled from Bermuda".

0:11:38 > 0:11:39Seems clear enough.

0:11:39 > 0:11:42Ithaca need the company to operate properly, for tax reasons.

0:11:42 > 0:11:50Appleby agree to provide a local director.

0:11:50 > 0:11:54There're reasons to head to Bermuda other than its sun-kissed beaches -

0:11:54 > 0:11:58mainly the island's generous tax laws.

0:11:58 > 0:12:01There are no taxes on profits or income.

0:12:01 > 0:12:04But does the company have any real business in Bermuda?

0:12:04 > 0:12:12Or is it just a show for tax purposes?

0:12:12 > 0:12:15Take this minute of a company board meeting in June 2012.

0:12:15 > 0:12:20It says two Ithaca executives called in from Canada and the UK,

0:12:20 > 0:12:24and Appleby's Bermudian director fails to attend.

0:12:24 > 0:12:30An Ithaca board meeting in Bermuda, with apparently no-one in Bermuda.

0:12:30 > 0:12:34We asked an international tax expert for his opinion.

0:12:34 > 0:12:37I think the reality of the matter is this whole show was being run

0:12:37 > 0:12:40from Aberdeen, not from Bermuda.

0:12:40 > 0:12:45The only reason to have a Bermudan company in there is because

0:12:45 > 0:12:48Bermuda's a tax haven, and they can get interest into it

0:12:48 > 0:12:50without paying taxes, and whenever the Canadian company

0:12:50 > 0:12:53wants to withdraw the money they can withdraw the money

0:12:53 > 0:12:54without paying any taxes.

0:12:54 > 0:12:57I can't see any other reason to have this extra holding

0:12:57 > 0:13:00company in the structure.

0:13:00 > 0:13:03FPF-1 only started producing oil this year - and,

0:13:03 > 0:13:07because of tax breaks, won't pay UK tax until 2020 anyway.

0:13:07 > 0:13:10So what's the point?

0:13:10 > 0:13:12I think the point is looking forward.

0:13:12 > 0:13:14You want to plan ahead when you do these things,

0:13:14 > 0:13:19because doing it when you actually are profitable is harder.

0:13:19 > 0:13:22For a few weeks, we've been trying to get some answers from Ithaca

0:13:22 > 0:13:28about just what exactly the purpose of this Bermudan company was.

0:13:28 > 0:13:31They say it's got nothing to do with tax.

0:13:31 > 0:13:35Our evidence suggests otherwise.

0:13:35 > 0:13:38I'm going to go and knock on their door and see

0:13:38 > 0:13:46if someone will talk to us.

0:13:46 > 0:13:54Hello.Hello.Mark Daly, BBC Scotland.How are you?Very well.

0:13:54 > 0:13:56We're just trying to find out what the purpose

0:13:56 > 0:13:58of the Bermudan company is?

0:13:58 > 0:14:01The Bermudan company exists to hold an asset that we have a share of.

0:14:01 > 0:14:03Why hold it in Bermuda?

0:14:03 > 0:14:09It's convenient for future deals that we may do.

0:14:09 > 0:14:11It's a complex business.

0:14:11 > 0:14:13Is it a real company, the Bermudan company?

0:14:13 > 0:14:14Absolutely.

0:14:14 > 0:14:16Because nothing really happens there, does it?

0:14:16 > 0:14:18I mean, you have board meetings.

0:14:18 > 0:14:21You've even had board meetings where nobody's

0:14:21 > 0:14:23been physically present, and people have been

0:14:23 > 0:14:24calling in from abroad.

0:14:24 > 0:14:27That would suggest, would it not, that the company's being

0:14:27 > 0:14:34managed and controlled from outside of Bermuda?

0:14:34 > 0:14:39Mark, Mark, you're concocting a story, and frankly

0:14:39 > 0:14:44part of the reason that

0:14:44 > 0:14:46to have approached this with a story in mind,

0:14:46 > 0:14:49and I don't think it's helpful to create a story based

0:14:49 > 0:14:50on partial information.

0:14:50 > 0:14:52Maybe you could give us the full picture, then?

0:14:52 > 0:14:54Now, the information that we have suggests very strongly

0:14:54 > 0:14:57that the Bermudan company was created for tax purposes.

0:14:57 > 0:14:58No, no that's not true.

0:14:58 > 0:15:00I think we've said very clearly that that's not true.

0:15:00 > 0:15:02Now, you can choose to believe us, or not believe,

0:15:02 > 0:15:06us, that's up to you.

0:15:06 > 0:15:11Have a good day.All the best, thank you very much for speaking to us.

0:15:11 > 0:15:13In a statement, Appleby said it works in "highly

0:15:13 > 0:15:15regulated jurisdictions", and advises clients

0:15:15 > 0:15:21on "legitimate and lawful ways" to conduct their business.

0:15:21 > 0:15:25Within the millions of documents in this leak, we can see it's not

0:15:25 > 0:15:27just corporate giants who have used Appleby to try to

0:15:27 > 0:15:30help them avoid tax.

0:15:30 > 0:15:32Our data reveals even middle-sized property developers

0:15:32 > 0:15:35were getting in on the act.

0:15:35 > 0:15:39This is Logie Green Road in Edinburgh.

0:15:39 > 0:15:41In 2009, a number of addresses on this street were sold

0:15:41 > 0:15:45for millions of pounds.

0:15:45 > 0:15:47The deal involved a group of investors who included

0:15:47 > 0:15:51Chris Stewart and Alex Watts.

0:15:51 > 0:15:56The deal was done for a very healthy profit indeed.

0:15:56 > 0:16:00The data shows more than £5 million profit was made.

0:16:00 > 0:16:03£750,000 due to Stewart and £1.3 million to Watts.

0:16:03 > 0:16:06The data suggests they tried to take their cut offshore

0:16:06 > 0:16:09to the Isle of Man, where Appleby, who were then called

0:16:09 > 0:16:11Dickinson Cruickshank, created a land Trust called

0:16:11 > 0:16:15the Palmerston Partnership.

0:16:15 > 0:16:19An internal Appleby memo sets out the purpose of the scheme: "A UK

0:16:19 > 0:16:21property development in Scotland utilising a Land Trust Partnership

0:16:21 > 0:16:27structure to mitigate any tax due".

0:16:27 > 0:16:28"Profits from the sale have been distributed

0:16:28 > 0:16:31amongst the partnership".

0:16:31 > 0:16:34And here's how it worked for the Edinburgh pair.

0:16:34 > 0:16:35An Isle of Man vehicle called the Palmerston

0:16:35 > 0:16:38Partnership was created.

0:16:38 > 0:16:39Two offshore Trusts were also created -

0:16:39 > 0:16:43one for Stewart, one for Watts.

0:16:43 > 0:16:45The profits from the Logie Green land deal flowed into

0:16:45 > 0:16:48the partnership in the Isle of Man.

0:16:48 > 0:16:51From there, Stewart and Watts' cuts were moved into their Trusts, of

0:16:51 > 0:16:55which they were the beneficiaries.

0:16:55 > 0:16:58And it gets even more complicated.

0:16:58 > 0:17:00Appleby set up two companies to act as Trustees, called

0:17:00 > 0:17:03Muttermore and Cuttermore.

0:17:03 > 0:17:08These were supposedly independent of Stewart and Watts.

0:17:08 > 0:17:11Appleby staff then sign off on a series of loans to companies

0:17:11 > 0:17:12registered in Scotland, which were controlled

0:17:12 > 0:17:16by Stewart and Watts.

0:17:16 > 0:17:19So what does all that mean?

0:17:19 > 0:17:21I needed an expert, and Philip Simpson is one

0:17:21 > 0:17:24of the country's leading tax QCs.

0:17:24 > 0:17:29The structure is well-known as a tax avoidance structure.

0:17:29 > 0:17:32Certainly the documents I've seen strongly suggest the motive

0:17:32 > 0:17:42for using it was to avoid UK tax.

0:17:43 > 0:17:45So it's difficult to come to any other conclusion

0:17:45 > 0:17:48than that the purpose of it was avoiding UK tax

0:17:48 > 0:17:57in a fairly aggressive manner.

0:17:57 > 0:18:00But in 2012, HMRC came calling.

0:18:00 > 0:18:05A deeply unhappy Mr Watts wrote to Appleby expressing concern over

0:18:05 > 0:18:07the way the structure had been managed, which could "weaken any

0:18:07 > 0:18:09position with HMRC", which he said would be "looking

0:18:09 > 0:18:14to attack wherever they can".

0:18:14 > 0:18:16Seemingly worried HMRC will see through the scheme,

0:18:16 > 0:18:18Mr Watts writes: "If as a layman I am picking these up,

0:18:18 > 0:18:20what am I missing?

0:18:20 > 0:18:24That experts at HMRC will not".

0:18:24 > 0:18:26In layman's terms, the taxman caught up with them.

0:18:26 > 0:18:32That's what it looks like.

0:18:32 > 0:18:35If one might put it in a colloquial manner, then yes, one

0:18:35 > 0:18:40might put it like that.

0:18:40 > 0:18:42Appleby documents suggest the pair had, at least initially,

0:18:42 > 0:18:44avoided more than £1 million in tax from the profits.

0:18:44 > 0:18:47So I had a few questions for Mr Watts.

0:18:47 > 0:18:48Mr Watts, Mr Watts.

0:18:48 > 0:18:51Hi there, Mark Daly, BBC Scotland.

0:18:51 > 0:18:53I've just got a few questions for you, would you mind?

0:18:53 > 0:18:54I would mind, actually.

0:18:54 > 0:18:55Would you?

0:18:55 > 0:18:58I'd just like to ask you about your offshore Trust.

0:18:58 > 0:19:01We have written to you to ask a few questions about your Trust.

0:19:01 > 0:19:03And we've written back, so I think we've been fairly

0:19:03 > 0:19:05reasonable with you, and we've written back to you.

0:19:05 > 0:19:08I think what you're doing is really pretty unethical, actually,

0:19:08 > 0:19:12from journalistic guidelines so I'd rather just leave it there.

0:19:12 > 0:19:13Well, the thing is, you haven't actually

0:19:13 > 0:19:15answered our questions, which is why we're

0:19:15 > 0:19:16here this morning.

0:19:16 > 0:19:17Well, you know...

0:19:17 > 0:19:19On the profits of the Palmerston Partnership,

0:19:19 > 0:19:20£1.3 million was your share.

0:19:20 > 0:19:22How much tax on that did you pay?

0:19:22 > 0:19:24OK, I'm not going to answer.

0:19:24 > 0:19:26You've written to us, and we've responded

0:19:26 > 0:19:27to you professionally and properly.

0:19:27 > 0:19:37What you're doing here...

0:19:40 > 0:19:43Mr Watts' spokesperson told us he was a "positive tax

0:19:43 > 0:19:45contributor" who had always lodged his tax returns.

0:19:45 > 0:19:47He added that "following legislative changes", Mr Watts entered

0:19:47 > 0:19:54into "open and cooperative discussion with HMRC" to establish

0:19:54 > 0:19:56any potential tax due on a "retrospective basis".

0:19:56 > 0:19:58Mr Stewart's spokesperson told us that "all tax

0:19:58 > 0:20:00has been paid in full", and any "retrospective tax payments

0:20:00 > 0:20:03paid" ahead of "timescales discussed with HMRC".

0:20:03 > 0:20:06She added that there was "no case to answer",

0:20:06 > 0:20:08that HMRC was "in possession of all relevant facts" and that "no

0:20:08 > 0:20:14tax is owed to HMRC".

0:20:14 > 0:20:18The key to the Palmerston Partnership was the Isle of Man.

0:20:18 > 0:20:20Stories about the island come up again and again

0:20:20 > 0:20:24in the Paradise Papers.

0:20:24 > 0:20:27I'm here to investigate one of them ? it involves

0:20:27 > 0:20:35a billionaire and private jets.

0:20:35 > 0:20:37The aviation business is clearly a big part of what Appleby

0:20:37 > 0:20:39does on the Isle of Man.

0:20:39 > 0:20:41The trouble with this stuff isn't that it's illegal.

0:20:41 > 0:20:44The trouble is that it's legal, but it's only available to people

0:20:44 > 0:20:46with enough money to pay the right lawyers and accountants

0:20:46 > 0:20:51to do it for them.

0:20:51 > 0:20:53One day, in June 2012, there was much excitement

0:20:53 > 0:20:56in the office behind me.

0:20:56 > 0:20:58Appleby had been contacted by a very exclusive private jet company

0:20:58 > 0:21:02from Switzerland, called ExecuJet.

0:21:02 > 0:21:05Could you set up an Isle of Man company for us, Appleby were asked.

0:21:05 > 0:21:07Yes, we could, Appleby said.

0:21:07 > 0:21:09Could you provide some directors for us?

0:21:09 > 0:21:10Yes, we could, Appleby said.

0:21:10 > 0:21:12And can you do it today?

0:21:12 > 0:21:16We'll try our very best, Appleby said.

0:21:16 > 0:21:19The firm even waives some of its usual background checks

0:21:19 > 0:21:22to guarantee it closes the deal.

0:21:22 > 0:21:24Perhaps because the owner of ExecuJet is one of

0:21:24 > 0:21:28the richest men in the world - Dermot Desmond, best known

0:21:28 > 0:21:30here as the largest single shareholder of Scotland's biggest

0:21:30 > 0:21:36football team, and with an estimated fortune of around £2 billion.

0:21:36 > 0:21:39He's familiar with offshore ? his 35% share of Celtic

0:21:39 > 0:21:44is held by in Gibraltar.

0:21:44 > 0:21:45He's also no stranger to controversy.

0:21:45 > 0:21:51Matt Cooper, sued by Mr Desmond in 2011, has written extensively him.

0:21:51 > 0:21:54Dermot Desmond came to prominence during the 1980s in Ireland,

0:21:54 > 0:21:57and he was regarded as a somewhat brash, somewhat flash figure.

0:21:57 > 0:22:00You don't become a billionaire unless you are absolutely aggressive

0:22:00 > 0:22:03in making sure that you make as much profit as you can from your

0:22:03 > 0:22:09businesses and that you keep as much of that profit for yourself.

0:22:09 > 0:22:12Mr Desmond's luxury jet firm had offices all over the world.

0:22:12 > 0:22:18So why did they need Appleby to make them an Isle of Man company?

0:22:18 > 0:22:21This internal Appleby memo states ExecuJet has taken Swiss tax

0:22:21 > 0:22:26guidance and found out that having their Swiss headquarters

0:22:26 > 0:22:28as the main company on their insurance policy "has

0:22:28 > 0:22:31a negative tax consequence", as they would need to pay a 5%

0:22:31 > 0:22:33levy under Swiss law.

0:22:33 > 0:22:39"ExecuJet would like to set up a company in the Isle of Man,

0:22:39 > 0:22:41namely ExecuJet Limited, to be the primary insured

0:22:41 > 0:22:45under the policy".

0:22:45 > 0:22:48So by switching to a brass plate company set up by Appleby,

0:22:48 > 0:22:50ExecuJet swerves up to $200,000 a year in Swiss taxes,

0:22:50 > 0:22:54just like that.

0:22:54 > 0:23:00But that's not all.

0:23:00 > 0:23:02ExecuJet also receives a brokerage fee back

0:23:02 > 0:23:05from its insurers every year - but this is classed as income,

0:23:05 > 0:23:06and should be taxed in Switzerland.

0:23:06 > 0:23:08Appleby can see to that, too.

0:23:08 > 0:23:11In another memo, Appleby write: "This is a low-risk structure that

0:23:11 > 0:23:14has been set up to receive monies due to EAG under the insurance

0:23:14 > 0:23:18policies on the group aircraft.

0:23:18 > 0:23:20By having the monies paid into the Isle of Man entity,

0:23:20 > 0:23:27EAG are not required to pay Swiss tax on the income of around 22%.

0:23:27 > 0:23:29We expect to receive two payments per year of approximately

0:23:29 > 0:23:36US$600k under this policy".

0:23:36 > 0:23:40For ExecuJet to get the tax benefits of being based in the Isle of Man,

0:23:40 > 0:23:42it has to be managed and controlled from there.

0:23:42 > 0:23:44But the only employees there are the directors

0:23:44 > 0:23:46Appleby provided for them.

0:23:46 > 0:23:51And it seems Switzerland was calling the shots.

0:23:51 > 0:23:56This email from head office clearly instructs Appleby to transfer more

0:23:56 > 0:24:00than $500,000 to the ExecuJet group's bank account in Switzerland.

0:24:00 > 0:24:05My understanding, having read the legislation,

0:24:05 > 0:24:12is that if individuals in Switzerland are making

0:24:12 > 0:24:14all decisions as regards what the IOM companies does,

0:24:14 > 0:24:18then, from a Swiss point of view, the IOM company may be resident

0:24:18 > 0:24:21in Switzerland for tax purposes.

0:24:21 > 0:24:23And if it's resident in Switzerland, then despite the structure that

0:24:23 > 0:24:28has been put in place, stamp duty is due on the insurance

0:24:28 > 0:24:34premium paid, and Swiss corporation is due on the money received back

0:24:34 > 0:24:35from the insurance broker.

0:24:35 > 0:24:40So the Swiss taxman might have something to say about the up

0:24:40 > 0:24:45to $1.3 million in tax that seems to have been avoided

0:24:45 > 0:24:47by Mr Desmond's company.

0:24:47 > 0:24:50Would you say this was an aggressive tax avoidance vehicle in operation?

0:24:50 > 0:24:52It would certainly be reasonable to describe this as aggressive,

0:24:52 > 0:24:58given in particular what appears to be a lack of economic

0:24:58 > 0:25:04substance to the IOM company.

0:25:04 > 0:25:06I hoped someone at ExecuJet Isle of Man's registered office,

0:25:06 > 0:25:15which is here at Appleby, could help with some answers.

0:25:15 > 0:25:16No joy.

0:25:16 > 0:25:21So perhaps Mr Desmond himself could provide some answers.

0:25:21 > 0:25:27We knew there would be one place his own jet would be flying

0:25:27 > 0:25:29into on a Champions League evening, so we tried to catch

0:25:29 > 0:25:31up with him there.

0:25:31 > 0:25:33Were you aware that, whilst the company was under your control,

0:25:33 > 0:25:36that ExecuJet was using a shell company in the Isle of Man

0:25:36 > 0:25:43as a tax avoidance vehicle?

0:25:43 > 0:25:45We never used any company as a tax avoidance vehicle.

0:25:45 > 0:25:48What was the Isle of Man ExecuJet company for, then,

0:25:48 > 0:25:51if not for avoiding tax?

0:25:51 > 0:25:57Well, then you'll have to educate yourself.

0:25:57 > 0:25:59So, ExecuJet asked Appleby to set up effectively a shell

0:25:59 > 0:26:02company in the Isle of Man so that the company would not be

0:26:02 > 0:26:04liable for Swiss aviation tax.

0:26:04 > 0:26:10Is that not case, Mr Desmond?

0:26:10 > 0:26:15You're incorrect.

0:26:15 > 0:26:17Could you put me right, then?

0:26:17 > 0:26:22I'm not duty-bound to educate you in how we run our affairs.

0:26:22 > 0:26:25We have written several letters to you to try and get clarity

0:26:25 > 0:26:27on what the situation is, and what it looks as if,

0:26:27 > 0:26:31as it looks like, the Isle of Man ExecuJet company was a tax

0:26:31 > 0:26:32avoidance vehicle, which allowed ExecuJet to avoid more

0:26:32 > 0:26:37than $1 million in tax over three years.

0:26:37 > 0:26:39That is absolutely wrong.

0:26:39 > 0:26:42But maybe you could tell us, what was the Isle of Man company

0:26:42 > 0:26:46for if not to avoid tax, Mr Desmond?

0:26:46 > 0:26:48That is exactly, that is our own business.

0:26:48 > 0:26:53Every company in the Isle of Man is not for avoidance of tax.

0:26:53 > 0:26:54OK, one final question.

0:26:54 > 0:27:01Did ExecuJet Isle of Man help ExecuJet avoid tax?

0:27:01 > 0:27:02Absolutely not.

0:27:02 > 0:27:05OK, Mr Desmond, thanks very much for your time.

0:27:05 > 0:27:08Mr Desmond wasn't prepared to give too much detail

0:27:08 > 0:27:11about the Isle of Man company, but what he did say was that it

0:27:11 > 0:27:13was not a tax avoidance vehicle.

0:27:13 > 0:27:16But I'm afraid, in terms of what the Isle of Man company

0:27:16 > 0:27:21was for, I'm none the wiser.

0:27:21 > 0:27:24The next day, Mr Desmond wrote me a letter.

0:27:24 > 0:27:27"Dear Mr Daly, are you a Rangers supporter?!"

0:27:27 > 0:27:32He went on: "During my period of majority ownership,

0:27:32 > 0:27:35ExecuJet was tax and regulatory compliant in all the various

0:27:35 > 0:27:39jurisdictions it operated in, nor was it under any investigation.

0:27:39 > 0:27:42There are good operational reasons for having a presence in the Isle

0:27:42 > 0:27:45of Man, and many international companies do so".

0:27:45 > 0:27:47Appleby told the BBC it had "thoroughly and vigorously"

0:27:47 > 0:27:53investigated the allegations, and they were "satisified that there

0:27:53 > 0:27:55is no evidence of any wrongdoing", either on the part of "ourselves

0:27:55 > 0:28:02or our clients".

0:28:02 > 0:28:04The Paradise Papers have given us an insight into the secret world

0:28:04 > 0:28:10of the rich and powerful.

0:28:10 > 0:28:15And we've learned many of them do not appreciate the scrutiny.

0:28:15 > 0:28:17Tax loopholes will close, and regulations will tighten.

0:28:17 > 0:28:24But firms like Appleby are paid million to find the gaps.

0:28:24 > 0:28:26The impact of this story is being felt across the globe.

0:28:26 > 0:28:31But the offshore world continues to turn, and much of what goes

0:28:31 > 0:28:32on remains shrouded in secrecy.

0:28:32 > 0:28:42Until, perhaps, the next big leak.