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No To Retro Tax - Ongoing battle against S58 FA2008
Pamela Nash (Labour, Airdrie and Shotts) 25th March 2015 To ask Mr Chancellor of the Exchequer, how many BN66 cases brought to tribunal led to (a) prosecution, (b) acquittal and (c) out of court settlements in each of the last five years.
Andrea Leadsom (The Economic Secretary to the Treasury 25th March 2015)
UK residents are taxable on their worldwide income wherever it arises including situations where it arises by way of foreign partnerships. Budget Note 66 (BN66) did not change this position, but announced new legislation to put this position beyond doubt and to close down a wholly artificial tax avoidance scheme. This scheme involved foreign partnerships comprised of foreign trustees that sought to exploit a perceived loophole.
As section 58 of the Finance Act 2008, the legislation announced by BN66, retrospectively clarified existing legislation its introduction had no effect on any taxpayer’s tax position.
The information is not available to answer Question 225153. HMRC records are not collated so as to aggregate all enforcement actions taken in respect of all taxpayers.
The information is not available to answer Question 225154. HMRC systems do not separately identify cases with status issues from the generality of Section 58 cases.
Pamela Nash (Labour, Airdrie and Shotts) 25th March 2015
[I]To ask Mr Chancellor of the Exchequer, how many BN66 cases brought to tribunal led to (a) prosecution, (b) acquittal and (c) out of court settlements in each of the last five years.
Para-phrasing the answer 'We don't know!'
Does anyone know what prompted a Scottish Labour MP to ask this question at this time? Is she trying to impress a constituent that she cares? (Oh yes, she really does).
Pamela Nash (Labour, Airdrie and Shotts) 25th March 2015 To ask Mr Chancellor of the Exchequer, how many BN66 cases brought to tribunal led to (a) prosecution, (b) acquittal and (c) out of court settlements in each of the last five years.
Andrea Leadsom (The Economic Secretary to the Treasury 25th March 2015)
UK residents are taxable on their worldwide income wherever it arises including situations where it arises by way of foreign partnerships. Budget Note 66 (BN66) did not change this position, but announced new legislation to put this position beyond doubt and to close down a wholly artificial tax avoidance scheme. This scheme involved foreign partnerships comprised of foreign trustees that sought to exploit a perceived loophole.
As section 58 of the Finance Act 2008, the legislation announced by BN66, retrospectively clarified existing legislation its introduction had no effect on any taxpayer’s tax position.
The information is not available to answer Question 225153. HMRC records are not collated so as to aggregate all enforcement actions taken in respect of all taxpayers.
The information is not available to answer Question 225154. HMRC systems do not separately identify cases with status issues from the generality of Section 58 cases.
Whether she care or not is irrelevant, but the Scottish Government (Scottish HMRC) will be responsible for collecting taxes from Scottish Citizens from April 2016, a question which I have asked my own MSP, "who do we pay (if we have too) Scottish HMRC or English HMRC?"
Does anyone know what prompted a Scottish Labour MP to ask this question at this time? Is she trying to impress a constituent that she cares? (Oh yes, she really does).
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