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  1. #11

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    Quote Originally Posted by shaunb View Post
    i had a very good chat with Rhys from WTT who advised me to join Big Group so awaiting for info to join and i will be joining them which will delay or reduce the APN but will give me enough time to get the funds together. This really is day light robbery.
    I am in the same boat as you Shaunb, joined Big group yesterday.

    This Government is BIG Fraud are they investigating the Big donors of Tories - No they will come after you and me.

  2. #12

    Still gathering requirements...


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    How can an APN be an enforceable debt? In order for it to be enforced they would have to go to the courts to prove the debt is owed.
    The fact that the APNs are 'estimated' based on 3x, 4x, 5x salary would require the judge to ask HMRC for the exact debt that is owed.
    HMRC would then need to give evidence of the exact tax that is due based on loans received.
    Any decent lawyer would then present case law to show NEVER in the history of HMRC have they won a loans as salary case.

    HMRC can add 5% penalty charges all they like, but if the scheme has been properly implemented, complies with the law at the time and case law supports it. Then HRMC will not receive a penny.

  3. #13

    More time posting than coding


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    Quote Originally Posted by Whysoserious View Post
    How can an APN be an enforceable debt? In order for it to be enforced they would have to go to the courts to prove the debt is owed.
    The fact that the APNs are 'estimated' based on 3x, 4x, 5x salary would require the judge to ask HMRC for the exact debt that is owed.
    HMRC would then need to give evidence of the exact tax that is due based on loans received.
    Any decent lawyer would then present case law to show NEVER in the history of HMRC have they won a loans as salary case.

    HMRC can add 5% penalty charges all they like, but if the scheme has been properly implemented, complies with the law at the time and case law supports it. Then HRMC will not receive a penny.
    Your points may or not be valid. Join the Big Group, you'll get reasoned advice there.

  4. #14

    Contractor Among Contractors


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    Quote Originally Posted by Whysoserious View Post
    How can an APN be an enforceable debt? In order for it to be enforced they would have to go to the courts to prove the debt is owed.
    The fact that the APNs are 'estimated' based on 3x, 4x, 5x salary would require the judge to ask HMRC for the exact debt that is owed.
    HMRC would then need to give evidence of the exact tax that is due based on loans received.
    Any decent lawyer would then present case law to show NEVER in the history of HMRC have they won a loans as salary case.

    HMRC can add 5% penalty charges all they like, but if the scheme has been properly implemented, complies with the law at the time and case law supports it. Then HRMC will not receive a penny.
    It's an interesting point.

    It is an enforceable debt because it's arisen by operation of law.

    there may be argument over quantum but that does not impact its enforceability.

    What will be interesting is if a magistrate is asked to force a non payer to bankruptcy for a debt that may eventually be proven not to exist.

    It's going to take a brave magistrate to do that.

  5. #15

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    Default Help with Darwin Tax issue

    Quote Originally Posted by webberg View Post
    There are firms around who can help.

    A google search on APN should do the trick.

    (and yes, my firm comes up on that but so do a lot of others).
    Can you contact me on this please?

  6. #16

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    Default Help - Darwin

    Quote Originally Posted by chubacabra View Post
    This has happened across the board with most scheme providers, there are very few that are taking any sort of responsibility. We are all in the same boat here and have had time to adjust to this reality, it is a shock at first.

    If you have an APN do yourself a favour and seek some professional advice. In some instances there are grounds to have the APN withdrawn, especially in cases where there are inaccuracies. (and there are cases of this)

    If you are struggling to pay within the 90 days get in touch with HMRC and let them know, they can arrange time to pay.

    Paying the APN does not resolve the overall situation, it is merely an advance payment of what HMRC claim you owe them. Once again you should seek professional advice on your position and decide the best course of action. This will be expensive if you try to tackle this alone, so one of the groups that have been formed is probably the way forward.
    You can I speak to on this. I have tried to arrange a payment plan but they are saying they can not accept it so want to move to the stage which is court, bankruptcy etc

  7. #17

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    Default Darwin - Help

    Quote Originally Posted by thatsawkward View Post
    Does anyone have any experience of arranging to pay with the HMRC for this apparent debt?

    I too was with Darwin for 2010/11 and have an APN which arrived this week for over 30k, having previously appealed the full amount. Typically, HMRC never allow a repayment plan over 12 months, but for debts of this level I would need a great deal longer. I'm loathed to call them and acknowledge the debt without some insight into the type of payment terms being experienced by others?

    As an aside, I too contacted Darwin et al and of course they show no support as they liquidated and re-formed.
    Many thanks!
    My debt is 30k too, I have tried to set up a payment plan but they are saying I need to pay it over 12 months, which I can not do. I need help!

  8. #18

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    Quote Originally Posted by ladyskivington View Post
    My debt is 30k too, I have tried to set up a payment plan but they are saying I need to pay it over 12 months, which I can not do. I need help!
    PM me

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