Tax fraud fisherman could avoid prison

A SELF-EMPLOYED fisherman who admitted fraudulently evading more than £26,000 of tax has been given four months to put a repayment plan in place before being sentenced.

George Gen, 51, who lives on The Ardent fishing boat at Holmsgarth, previously admitted committing the offence between April 2007 and April 2013 at a Fort Road address and elsewhere.

He failed to submit income tax self-assessment forms relating to £169,000 of remuneration for his work as a fisherman – on which he should have paid £26,419 in tax to HMRC.

Defence agent Tommy Allan argued Gen should be dealt with more leniently than those who commit benefit fraud because he had made no attempt to hide the fact that he was working.

Procurator fiscal Duncan Mackenzie agreed there was a “subtle difference” between benefit fraud and tax evasion.

He said those involved in DWP cases over benefit fraud were “effectively living a lie” every day, which was distinct from someone in Gen’s circumstances.

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Allan said his client had not repeatedly ignored demands for money – he had simply failed to tell the revenue of his earnings.

Gen was previously married but broke up with his wife and has a drink problem, “may well be agoraphobic” and his “life is in disarray on shore”. He lives on board the Ardent even when it is tied up.

Allan continued that Gen would not offend again, was now paying tax on his income and had “made himself indispensable” to the fishing boat which “will struggle without him”.

He said the Ardent’s owner was even considering giving up the boat if Gen is unable to go to sea with him.

Sheriff Philip Mann said he had felt the need to “very seriously consider a custodial sentence”. While he has not ruled that out completely, he deferred sentence until 5 August for arrangements to repay the money to be put in place.