RSM Tenon was a UK-based professional services firm specializing in advising mid-market businesses. A significant, and ultimately problematic, aspect of their business was their involvement in tax-advantaged investment schemes, often referred to as “tax efficient” investments or tax shelters. These schemes, while initially appearing attractive due to potential tax benefits, became a major source of controversy and ultimately contributed to the firm’s downfall.
The structure of these investments typically involved a combination of debt and equity, often leveraging tax reliefs available at the time. Investors, generally high-net-worth individuals, were encouraged to invest substantial sums, expecting to offset a portion of their income tax liability. Common themes included investments in film partnerships, property developments, and other alternative assets. RSM Tenon played a key role in structuring, promoting, and administering these schemes.
Initially, these investments were viewed favorably by many investors seeking to minimize their tax burden within the bounds of the law. However, Her Majesty’s Revenue and Customs (HMRC) began to scrutinize these schemes more closely, arguing that many were primarily designed for tax avoidance rather than genuine commercial purposes. HMRC challenged the legitimacy of the tax reliefs claimed, leading to lengthy and costly legal battles.
As HMRC’s challenges intensified, the investors in RSM Tenon’s schemes faced significant financial risks. They were potentially liable for substantial back taxes, penalties, and interest. The uncertainty surrounding the outcome of the HMRC disputes created significant anxiety and financial strain for many investors. Furthermore, the value of the underlying assets in some of the schemes declined, compounding the financial losses.
The controversy surrounding these tax schemes had a devastating impact on RSM Tenon. The firm faced numerous lawsuits from disgruntled investors seeking compensation for alleged mis-selling or negligent advice. The reputational damage stemming from the negative publicity severely impacted its ability to attract new clients and retain existing ones. The financial burden of defending the legal challenges and dealing with the fallout from the tax schemes ultimately proved too much for the firm to bear.
In 2013, RSM Tenon was acquired by Baker Tilly (now RSM UK). The acquisition was essentially a rescue deal, allowing Baker Tilly to acquire the firm’s core business while leaving behind the liabilities associated with the controversial tax schemes. The RSM Tenon name disappeared, and the episode serves as a cautionary tale about the risks associated with aggressive tax planning and the importance of ensuring that tax-advantaged investments have a solid commercial rationale.
The RSM Tenon investment debacle highlights the importance of due diligence and seeking independent financial advice before investing in complex tax-advantaged schemes. It also underscores the potential for significant financial and reputational damage when professional services firms prioritize short-term profits over ethical considerations and sustainable business practices. The legacy of RSM Tenon’s involvement in these schemes continues to resonate in the professional services industry, serving as a reminder of the risks of overly aggressive tax planning and the importance of adhering to the spirit, as well as the letter, of the law.