No To Retro Tax - Ongoing battle against S58 FA2008

[BolshieBastard]

If you were in the scheme when it was partly loan based, and you decide to settle with HMRC, is there a danger that Montp could win at the FTTT and then come after their extra 4% in addition to the tax that you've paid (or is the possibility of them winning so tiny that people feel they can ignore it).

If MP win (however improbable some may think that is) and in the T&C's you signed up to was that you have to pay the 4% then yes,, if they win, they will want their pound of flesh.

They demanded I pay them about £8 for a small sum of money I received via the scheme and which was paid in the next tax year (due to an MTM error) for which HMRC didnt and havent opened an enquiry. I argued that as all the previous tax years were under investigation, there was no need to pay this small amount while this was ongoing.

They were shall we say, very robust in their actions to demand the small insignificant payment be made.

So, if they win, expect them to come calling.

[Kevthered]

If MP win (however improbable some may think that is) and in the T&C's you signed up to was that you have to pay the 4% then yes,, if they win, they will want their pound of flesh.

They demanded I pay them about £8 for a small sum of money I received via the scheme and which was paid in the next tax year (due to an MTM error) for which HMRC didnt and havent opened an enquiry. I argued that as all the previous tax years were under investigation, there was no need to pay this small amount while this was ongoing.

They were shall we say, very robust in their actions to demand the small insignificant payment be made.

So, if they win, expect them to come calling.

In fairness to montpelier, they have put an awful lot of work, time and MONEY in fighting HMRC over the years, and if they do win the case then they fully deserve the 4% that I, and many others, agreed to pay.
At least they have not hung us out to dry like most, if not all, of the other scheme providers

[elpinar]

If you were in the scheme when it was partly loan based, and you decide to settle with HMRC, is there a danger that Montp could win at the FTTT and then come after their extra 4% in addition to the tax that you've paid (or is the possibility of them winning so tiny that people feel they can ignore it).

i think , but do check, that you will find the compnay that you would owe the 4% to long ago went into adminsitration ........ as the next tranche was they owed us 4% if they 'lost' and for sure that compnay is in adminsitration - so there will be no 4% forthcoming as far as i know in the event of an eventual loss
Im sure at one point i even contacted the adminsitrators

[BrilloPad]

In fairness to montpelier, they have put an awful lot of work, time and MONEY in fighting HMRC over the years, and if they do win the case then they fully deserve the 4% that I, and many others, agreed to pay.
At least they have not hung us out to dry like most, if not all, of the other scheme providers

Agreed.

And I hope they will try to recoup that from HMRC. And get us compensation too. And in the process get imprisonment for those who have lied in public office.

WG is starting to remind me of http://en.wikipedia.org/wiki/Matt_O%27Connor_(activist) . More motivated by morals than money.

[mrkitchen]

Anyone have an idea of timescales for an APN appeal, probably an impossible question to answer. Just trying to calculate my exposure per month/year

[smalldog]

Anyone have an idea of timescales for an APN appeal, probably an impossible question to answer. Just trying to calculate my exposure per month/year

there is no appeal for an APN, do you mean the JR?

[mrkitchen]

Sorry yes

[webberg]

Anyone have an idea of timescales for an APN appeal, probably an impossible question to answer. Just trying to calculate my exposure per month/year

The Ingenious JR hearing is scheduled for early June.

Assuming this is not derailed by the new administration, a decision might be pre summer break. I suspect that whomever loses will appeal. Hearing perhaps September - decision October. Perhaps 2 more appeal cycles?

A final decision in December if the process is pushed along.

It then depends in whether your JR is stalled behind the Ingenious position (a lot of JR challenges seem based on this premise because if Ingenious lose, then you can withdraw before spending serious money) or whether it's being contested on different principles.

If stalled, the plan for January 2015.

If not stalled and/or has a different basis and is contested as above, perhaps March/April 2015.

Don't forget that presently the smart money is on the original penalty dates applying if the position is lost.

[javadude]

The Ingenious JR hearing is scheduled for early June.

Assuming this is not derailed by the new administration, a decision might be pre summer break. I suspect that whomever loses will appeal. Hearing perhaps September - decision October. Perhaps 2 more appeal cycles?

A final decision in December if the process is pushed along.

It then depends in whether your JR is stalled behind the Ingenious position (a lot of JR challenges seem based on this premise because if Ingenious lose, then you can withdraw before spending serious money) or whether it's being contested on different principles.

If stalled, the plan for January 2015.

If not stalled and/or has a different basis and is contested as above, perhaps March/April 2015.

Don't forget that presently the smart money is on the original penalty dates applying if the position is lost.

Did you mean 2016?

[slogger]

appeals

Did you mean 2016?

isnt the more likely win the george argument - any idea of dates with that one?