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HMRC withdraws hundreds of APN's after judicial review
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Originally posted by Darren at DynamoAccounts View Post
As this case demonstrates, any taxpayer in receipt of an Accelerated Payment Notice should not assume that HMRC has followed the correct internal processes and exercised its powers lawfully"
Assume everything they say is a lie, and you'll be fine. -
I couldn't find the Judicial Review that the article mentions so perhaps it never got to caught (or is too hot of the press) but I did see that HMRC won a JR last week on exactly the same point: Graham & Ors, R (on the application of) v HM Revenue and Customs [2016] EWHC 1197 (Admin) (26 May 2016)Comment
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And HMRC still want the power to deduct money directly from peoples accounts without a court order?
Nice.....Comment
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Originally posted by Iliketax View PostI couldn't find the Judicial Review that the article mentions so perhaps it never got to caught (or is too hot of the press) but I did see that HMRC won a JR last week on exactly the same point: Graham & Ors, R (on the application of) v HM Revenue and Customs [2016] EWHC 1197 (Admin) (26 May 2016)
How can it be exactly the same point??
If it was exactly the same point then the result would have been the same wouldn't it?
Which division of HMRC do you work for?Comment
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Originally posted by cliffordthedog View PostIliketax
How can it be exactly the same point??
If it was exactly the same point then the result would have been the same wouldn't it?
Which division of HMRC do you work for?
2. The facts are different.
3. I don't.Comment
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From what we know about the decisions, (which I admit is not much), it may be that the cases where the APN has been found to incorrectly issued (not illegal) are where the debate has been over the "notifiable" versus "notified" has been decided.
It seems that a scheme notified but not notifiable under DOTAS cannot have an APN.
(For the moment. HMRC are bad losers and "clarification" may follow which allows an APN).
Challenges which seek to argue on general human rights principles appear to have not won yet and the most advanced of those (the Ingenious film partners group) we understand will not come to Court until late this year.
That is the one we should all hope wins because that will threaten all APNs issued.Best Forum Adviser & Forum Personality of the Year 2018.
(No, me neither).Comment
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Originally posted by Iliketax View Post3. I don't.Last edited by DonkeyRhubarb; 1 June 2016, 10:36.Comment
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Originally posted by DonkeyRhubarb View PostYou come across as on their side though. An HMRC sympathiser/apologist.Comment
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Originally posted by Iliketax View PostI see the people there as individuals rather than as an amorphous blob
Contractors would also appreciate being treated as individuals rather than as one giant piggy bank.Comment
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