No To Retro Tax - Ongoing battle against S58 FA2008

[smalldog]

I wouldnt like to be the postman delivering to TCC this morning! Heavvvvyyy sack!!!!!

[DonkeyRhubarb]

Validity of Closure Notices

1. A closure notice must have been preceded by a letter opening an enquiry.
2. The enquiry could either be a normal enquiry, opened within the 12-month window, or an enquiry opened late under discovery.
3. HMRC probably have a fair degree of latitude as to what constitutes a valid enquiry. But the letter must say they are opening an enquiry, enquiring into, looking into or investigating and explicitly state the tax year.

One further point regarding Closure Notices. You can't appeal to the FTT unless you've had closure notices or assessments. You can't appeal based on only having received an APN. You must have closure notices or assessments as well.

[ASB]

1. A closure notice must have been preceded by a letter opening an enquiry.
2. The enquiry could either be a normal enquiry, opened within the 12-month window, or an enquiry opened late under discovery.
3. HMRC probably have a fair degree of latitude as to what constitutes a valid enquiry. But the letter must say they are opening an enquiry, enquiring into, looking into or investigating and explicitly state the tax year.

One further point regarding Closure Notices. You can't appeal to the FTT unless you've had closure notices or assessments. You can't appeal based on only having received an APN. You must have closure notices or assessments as well.

Is it likely to be or become the case that requesting determination in order to force the position would become a recommended action?

[WelshRarebit]

In the first instance, I would still try and contact MTM and ask for their advice first. We don't want to be treading on any toes.

I've just spoken to MTM and things are afoot so I'm holding my horses for now

[redkieran]

1. A closure notice must have been preceded by a letter opening an enquiry.
2. The enquiry could either be a normal enquiry, opened within the 12-month window, or an enquiry opened late under discovery.
3. HMRC probably have a fair degree of latitude as to what constitutes a valid enquiry. But the letter must say they are opening an enquiry, enquiring into, looking into or investigating and explicitly state the tax year.

One further point regarding Closure Notices. You can't appeal to the FTT unless you've had closure notices or assessments. You can't appeal based on only having received an APN. You must have closure notices or assessments as well.

I don't understand this. Looking through my docs I've only got one CN (for 2008) even though I used MP from 2002-2008. Do you mean that we must have at least one CN to appeal? Or a CN for every year?

[Diego]

Bring it on

Pre Christmas I would of happly settled at 50%. As far as I'm concerned it's all or nothing now. They had their chance!

NGU

Reasonable sentiments. I would have settled at 25%. Although the likelihood is they never would have settled. The have wanted to make an example of us from the outset. That's why they lied to parliament. That's why they brought in APN's against us. They are not trying to be reasonable and offer a settlement even though we followed the law at the time which they subsquently retrospectively changed. They don't care about putting stress on families and forcing people into bankruptcy. They will start offering settlements soon when they realise they are going to lose at FTT, by then it will be too late and the politicians will come looking for answers. Bring it on.

[TheFlyer]

I've just spoken to MTM and things are afoot so I'm holding my horses for now

Any idea when are we going to hear about these things? All I can think of is the result of the case is due soon and that is it.

[elpinar]

i have just spoken (again ) to HMRC about the old APN/CTD chestnut. As i have been verbally told 2 of the APNS are stood over so i cant cover them even i want to .... and that that is 'implied' in the APN letter when you send in represenation !!!!

.... i pointed out that 'implied' and 15% penalites does not work for me ....... But was told its the represnation team who would or would not issue letters saying they have recieved and acknowledge the representation and no one can talk to them !!!!!!

So i beleive my only course of action is to remit my CTDs stating the years to cover, they will then try and apparentley fail and then i am guesing they will have to somehow tell me all of this .

[WelshRarebit]

Any idea when are we going to hear about these things? All I can think of is the result of the case is due soon and that is it.

Nothing to do with the result, we should hear via email from MTM in the very near future. It goes without saying that they are incredibly busy at the moment, so unless your APNs are due imminently, I suggest you wait for the emails.

[philinlondon]

Slightly confused

Hi all,

Appreciate with all the effort people have been trying to fight for this nightmare. May I ask has anyone who's a member of NTRT is also a member for the "Big Group" (http://forums.contractoruk.com/hmrc-...big-group.html)

I am just confuse which one to join? Is NTRT applies to all schemes? Also what is the time frame of joining as I have a few friends who are on the same boat.

Many thanks