Request for Voluntary Payment- Closed Years

**DotasScandal** · 14 November 2016, 18:06

Originally posted by derekdunn1873 View Post

Hello,

Some advice needed.

I have a letter asking me if i want to make a voluntary payment for a small contractor loan that HMRC are saying I had in 2009-2010. This is a closed year, with no open assessment.

I have an open assessment for the 2010-2011 year where i have a certificate of tax deposit held against this while appealing.

I am also based abroad with no plan on returning to the UK.

Does anyone have any information on how the 2019 loan charge will affect closed years and also how they will attempt to get money from non-UK persons.

Will they attempt to apply interest to the closed year amount? Surely this makes a mockery of the closed vs open year differentiation?

A "voluntary payment"! How cute. And smells of downright desperation to "collect"...something, anything. Seems like everytime you think HMRC have reached an all time low, they outdo themselves and sink even lower.

Re your Q: If HMRC have their way, it won't matter whether years are open or closed - they'll want it all.
With that said, it's worth restating it: the "2019 charge" remains, at this point in time, a fantasy of HMRC.
That they are trying to use this a a stick to incite people to pay "voluntarily" more tax than legally due is akin to a scam, and even possibly illegal.

The consensus amongst tax professionals seems to be that it will be very difficult for HMRC to try and impose that retrspective "charge" to someone non UK tax resident.

Conclusion: stand your ground, and for the love of all that is good, treat this letter the way it deserves: with total disdain.

**EBTContractor** · 15 November 2016, 01:34

Jokers

I'm also based overseas - in fact what prompted me to move was HMRC's bullying and the UK going down the drain.

I've paid a couple of years' worth of EBT "debt".

In terms of the 2019 "tax" charge, HMRC can go **** themselves.

**webberg** · 15 November 2016, 18:01

HMRC say that the 2019 charge will apply to closed years.

Seems to me that is a very, very difficult thing to do, especially for a non resident.

We are raising this issue with as many MP's as we can, especially those with influence.

**ASB** · 20 December 2016, 20:26

So, in effect this allows retrospective taxation to year dot?

Discovery has now become irrelevant.

If i happened to have taken some loans and they had not come to hmrc attention they are still in scope for the 2019 charge?

**cojak** · 20 December 2016, 20:36

Voluntary is just that - voluntary.

So I guess you don't have to if you don't want to.

**foobar** · 21 December 2016, 12:44

Originally posted by derekdunn1873 View Post

Hello,

Some advice needed.

I have a letter asking me if i want to make a voluntary payment for a small contractor loan that HMRC are saying I had in 2009-2010. This is a closed year, with no open assessment.

I have an open assessment for the 2010-2011 year where i have a certificate of tax deposit held against this while appealing.

I am also based abroad with no plan on returning to the UK.

Does anyone have any information on how the 2019 loan charge will affect closed years and also how they will attempt to get money from non-UK persons.

Will they attempt to apply interest to the closed year amount? Surely this makes a mockery of the closed vs open year differentiation?

Write back and ask under what legislation or basis they are making this assessment.

**regron** · 21 December 2016, 13:41

Originally posted by derekdunn1873 View Post

Hello,

Some advice needed.

I have a letter asking me if i want to make a voluntary payment for a small contractor loan that HMRC are saying I had in 2009-2010. This is a closed year, with no open assessment.

I have an open assessment for the 2010-2011 year where i have a certificate of tax deposit held against this while appealing.

I am also based abroad with no plan on returning to the UK.

Does anyone have any information on how the 2019 loan charge will affect closed years and also how they will attempt to get money from non-UK persons.

Will they attempt to apply interest to the closed year amount? Surely this makes a mockery of the closed vs open year differentiation?

Welcome to the 2019 retrospective legislation = the catch all solution.

**webberg** · 24 December 2016, 14:27

If it's voluntary - just say no.

**malvolio** · 24 December 2016, 15:19

Dear HMRC,

Thank you for your letter which I have in front of me. I am in the smallest room in my house and it will shortly be behind me

Regards and Merry Christmas

Request for Voluntary Payment- Closed Years