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JRs, JRs and more JRs

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    JRs, JRs and more JRs

    I'm hearing loads of firms are applying for Judicial Reviews to challenge APNs.

    The gloves are definitely off.

    Last edited by DonkeyRhubarb; 19 March 2015, 17:25.

    #2
    HMRC has set the wheel of unintended consequences in motion once more.

    This is gonna get interesting.
    Help preserve the right to be a contractor in the UK

    Comment


      #3
      I'm curious about where we stand with the JR though.
      It certainly doesn't appear to stop HMRC issuing the APN, or me having to pay it...

      And in a short-term selfish sense, the latter fact concerns me more. And no doubt anyone else on the receiving end of an APN.

      Comment


        #4
        Originally posted by EveryMoveCalculated View Post
        I'm curious about where we stand with the JR though.
        It certainly doesn't appear to stop HMRC issuing the APN, or me having to pay it... Correct

        And in a short-term selfish sense, the latter fact concerns me more. And no doubt anyone else on the receiving end of an APN.
        It is for this reason that it is to be hoped that this gets off the ground:
        http://forums.contractoruk.com/hmrc-...ml#post2070855

        Comment


          #5
          Originally posted by EveryMoveCalculated View Post
          I'm curious about where we stand with the JR though.
          It certainly doesn't appear to stop HMRC issuing the APN, or me having to pay it...

          And in a short-term selfish sense, the latter fact concerns me more. And no doubt anyone else on the receiving end of an APN.
          Unless you organise yourself and become party to a JR you will have to pay the APN. You will get a warning letter saying something like "An APN is arriving in 1-4 weeks" so you will have 90 days and a bit to pay up. If you don't pay at the end of this expect penalties on top. The catch is you need to be given permission to apply for the JR and you can only do this once the APN has been received.

          Comment


            #6
            Just out of interest...

            Anyone any idea why HMRC are sending out warning letters anyway, why not just send out the APN and be done with it?

            Not that I am looking forward to receiving mine, just doesn't seem to make sense to me...

            Comment


              #7
              Originally posted by squirrel View Post
              Anyone any idea why HMRC are sending out warning letters anyway, why not just send out the APN and be done with it?

              Not that I am looking forward to receiving mine, just doesn't seem to make sense to me...
              I think this is what HMRC committed to doing at the outset. The warning letters our members have had either say APNs will be issued in 1-4 weeks or 1-8 weeks.

              Our members have also been getting follow-up telephone calls from HMRC, after APNs have been sent out, to confirm that people have received them and understand what they mean.

              Comment


                #8
                People are also getting APNs just after 1 weeks when letter said 1 to 8 weeks.

                Comment


                  #9
                  Are these letters all different then? Mine is advising 1-6 weeks....

                  Comment


                    #10
                    The APN warning letter normally arrives with a "explanatory leaflet" explaining HMRC's view of the legislation and the consequences of paying or not paying. The receipt of the leaflet is a pre requisite for the APN and is meant to be a sop to those who said that HMRC being able to demand money without the right of appeal is constitutionally wrong.

                    In fact the leaflet is heavily biased and potentially misleading and in practice is used as a frightener.

                    There are grounds for stalling an APN.

                    These can be mechanical or technical.

                    I've not seen an APN withdrawn yet but I expect to soon.

                    There are a number of firms and people who offer their services in delaying APN's. The going rate seems to be 0.1% of the APN per month of delay. Therefore an APN for say £100k delayed for 6 months beyond the original due date (i.e. 9 months from issue) attracts a fee of £600 plus VAT of £120. (VAT would not be recoverable).

                    Is it worth it?

                    Very subjective decision and not enough space here to give that debate justice.

                    Disclaimer: Yes I have done this for some clients. Yes at the rate above. Yes I will give you contact details if you ask. No I think it is not worth it for sums below £50k. No I am not the only game in town - google is your friend. No this action does not make the APN disappear.
                    Best Forum Adviser & Forum Personality of the Year 2018.

                    (No, me neither).

                    Comment

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