Montpelier DTA scheme bulletin

[Grim Reaper]

Just to let you know - today l recieved actual notices...

Same only these APNs have the Class 4 NICS too.
To respond to the FN you have to complete step 1, which is to 'volunteer' to change your SA to include the disputed amount. Ummm.
So if the case is done and dusted in HMRC's favour then why issue an APN ? APN's are used to collect disputed payments up front aren't they ?

Any ideas ?

[DonkeyRhubarb]

If you choose not to comply with the FN, and instead continue with your own tax appeal, then the amount is still in dispute, hence the APNs.

Of course, if you don't comply with the FN, then you also risk a penalty of up to 50%.

[Retro]

If you choose not to comply with the FN, and instead continue with your own tax appeal, then the amount is still in dispute, hence the APNs.

Of course, if you don't comply with the FN, then you also risk a penalty of up to 50%.

So, if I can't afford to pay the penalties and if I decide to pay HMRC the full tax and interest, would I still be liable to pay MP if they subsequently win the case? (14 years and counting!).

[DonkeyRhubarb]

So, if I can't afford to pay the penalties and if I decide to pay HMRC the full tax and interest, would I still be liable to pay MP if they subsequently win the case? (14 years and counting!).

No, the additional 4% success fee was only due if you didn't end up paying any more tax.

[webberg]

Same only these APNs have the Class 4 NICS too.
To respond to the FN you have to complete step 1, which is to 'volunteer' to change your SA to include the disputed amount. Ummm.
So if the case is done and dusted in HMRC's favour then why issue an APN ? APN's are used to collect disputed payments up front aren't they ?

Any ideas ?

There is no "volunteer" to make changes to the returns/claims. It's an instruction and failure will lead to a heavy penalty.

[Minty]

Follower notices

I just want to let people know that I rang HMRC and they advised me to pay up as the notices were legal. I sent MP everything scanned and they advised notices were unlawful. HMRC also advised that MP were no longer representing me I asked why they said that they advised MP had notified them that they were no longer representing me. There was a note in my file indicating they were no longer representing me. So really worried not sure what to do. Any advice would be welcomed.

[Grim Reaper]

There is no "volunteer" to make changes to the returns/claims. It's an instruction and failure will lead to a heavy penalty.

Yes that looks like the only option now. Luckily I took out a CTD back in 2008 so will have to call HMRC about next steps.
Just wish I would have done this years ago instead of listening to MP for the last 8 years.

[Retro]

No, the additional 4% success fee was only due if you didn't end up paying any more tax.

Thank you very much indeed for the info.

[mossman]

4%

No, the additional 4% success fee was only due if you didn't end up paying any more tax.

Wouldn't it be the case that If Montp win and you had paid the tax unnecessarily, they would still expect to receive their 4% on the grounds that the scheme had worked but you didn't wait to find out.

Or can we assume it's game over?

[DonkeyRhubarb]

Wouldn't it be the case that If Montp win and you had paid the tax unnecessarily, they would still expect to receive their 4% on the grounds that the scheme had worked but you didn't wait to find out.

Have a read of the 4% loan agreement, it's not worded quite like that.

In any case, we're talking mega hypotheticals here.

From what I hear, Montp are extremely unlikely to even be granted permission for a late appeal.