Resources

Q&A 14.09.2026 PAYE clawback, bad faith, Nolan Principles

This live No Tax for War Q&A Zoom session took place on 14 September 2026, hosted by Rich with Chris and Hugh responding to questions. 

Rich began by outlining his personal experience of HMRC clawing back Capital Gains Tax via PAYE off his salary, without ever taking him to court. He had previously successfully challenged enforcement agents and ‘jammed the system’ by back-and-forth communications with HMRC agents, always citing the key legislation (International Criminal Court Act 2001, Terrorism Act 2000, and Recognition of Trusts Act 1987). Now he’s no longer an employee, HMRC can’t use the PAYE mechanism against him. 

In response, Chris emphasised that public officials constantly break the law, and this needs to be recognised in the courts. His goal is to to see a case proceed from the first-tier tax tribunal right through the entire appellate system to the Supreme Court. Hugh said the concept of ‘bad faith’ carries weight in the legal context and enables a private prosecution for misfeance in public office. This is action against an office-holder where they are alleged to have misused or abused their power. Hugh suggested writing to HMRC CEO John Paul Marks warning that he has a fiduciary duty not to cause taxpayers to break the law. If this argument is not addressed, it evidences bad faith and clears a path for a private prosecution. 

Questions covered data subject access requests (DSARs) and councils, status of the Local Government Act 1888, IR35 and umbrella companies, enforcement agents, the DVLA, change of address notifications, declining OneLogin. 

Other key topics included:

  • Nolan Principles – the seven principles of ethics in public life can be invoked against councils’ Section 151 officers (the officers responsible for ensuring proper management and compliance with financial regulations)
  • Ministerial Correspondence Team – a response from this department means your correspondence has been escalated to ministerial level
  • Involving MPs – request they seek clarification from the Attorney General on whether tax is excluded from the criminal offences under the 2000 and 2001 Acts, and if so how.  

 
The next Q&A will be on Monday 28 September at 7pm. 

Join the No Tax for War community for upcoming Q&A details.

Join us on Telegram at NoTaxForWar.com Chat 

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Definition: Fiduciary

A fiduciary is person or organisation in a position of trust who has a legal duty to act in good faith and in the best interests of another party, such as a trustee for beneficiaries of a trust.

Placing your home in a separate trust

Creating a distinct legal trust specifically for your primary residence. This ensures that your home is no longer legally “owned” by you as an individual, but held in trust for your benefit. Doing so may offer protection against enforcement action by councils or creditors, especially if you are challenging council tax or other state demands. It is a precautionary step to reduce the risk of property seizure or legal intimidation. Legal advice is recommended before proceeding.

Definition: Trusts

A trust is a legal tool that ring-fences your money until certain conditions are met. The Make War History Taxation Trust is a conditional, revocable trust to withhold tax until it’s proven it won’t be used unlawfully — for example, to fund war. 

Definition: Promissory Note

A Promissory Note is a legally binding promise to pay — but only once the trust’s conditions are met. It shows you’re not refusing to pay tax outright, just demanding it be used lawfully. This adds weight to your position and ensures the legal system recognises your intent.