No To Retro Tax - Ongoing battle against S58 FA2008

[DonkeyRhubarb]

The No To Retro Tax campaign (NTRT) represents users of the DTA schemes, promoted by Montpelier, deGraaf and Steed, which were hit by retrospective legislation in the 2008 budget (Section 58 also known as BN66).

For more information, visit the campaign website.
No To Retrospective Taxation | Campaign Against Retrospective Tax Legislation

If you want to keep abreast of what's happening read the NTRT monthly newsletters.

If you only rely on this forum you will miss out on important information

Note to Montpelier users who receive APNs

Any Montpelier users receiving APNs should forward them to:

TQuinn AT montpeliergroup.com

and copy DBull AT montpelier.im

Link to previous NTRT thread:
http://forums.contractoruk.com/accou...ct-2008-a.html

[DonkeyRhubarb]

If a Discovery is opened do they still need to send an formal "opening enquiry" letter before they can send a closure notice?

No. They can issue a Closure Notice off the back of a discovery.

[Ooops]

Formal way to open a discovery?

No. They can issue a Closure Notice off the back of a discovery.

Oh that's a shame! Last one from me then. Is there a set way they need to open a discovery? I had declaration text on my return but I did't add (have) an SRN number for that year!

[BrilloPad]

Hi DR,

Top work on the new thread

Any way of putting the Montpelier contact details on the NTRT website in the members area? That ensures people have to be NTRT members to get the information.

[d000hg]

I check in a few times a year to keep abreast of developments... has anything substantially changed in the last few months? Do you keep a "current state of play" and/or a timeline of notable events since this all started with the BN66 thread?

[BettySwollocks]

Oh that's a shame! Last one from me then. Is there a set way they need to open a discovery? I had declaration text on my return but I did't add (have) an SRN number for that year!

I've had two of my years (05/06 and 06/07) opened up via Discovery for precisely the same reason: written IOM DTA declaration but no DOTAS number, however, it has been said that schemes that existed prior to 2004 were not required to state the number on returns and I believe Discovery assessments using this reason are going to be challenged...

[Ooops]

I've had two of my years (05/06 and 06/07) opened up via Discovery for precisely the same reason: written IOM DTA declaration but no DOTAS number, however, it has been said that schemes that existed prior to 2004 were not required to state the number on returns and I believe Discovery assessments using this reason are going to be challenged...

Thanks for the detail, can I ask did the discoverys get opened in a particular format?

I have lots of letters threatening an enquiry or stating one is open but none that follow the formal format stating they are opening one for me. So I'm trying to work out if the other letters I have constitute a discovery or if that needs to be opened in a particular way.

[DonkeyRhubarb]

Validity of a Closure Notice

(For example tax year 2005/6)

The first thing to do is scour all your paperwork for any letters, which refer to 2005/6, that you received before the Closure Notice arrived.

If you can't find anything then the CN may be invalid.

If you find a letter that says "opening an enquiry" or "enquiring into", dated before 31 January 2008 (the 12-month window), then the CN is valid

If you find a letter that mentions the word "discovery" then the CN is currently valid. Although Montpelier are challenging this.

[BettySwollocks]

Thanks for the detail, can I ask did the discoverys get opened in a particular format?

I have lots of letters threatening an enquiry or stating one is open but none that follow the formal format stating they are opening one for me. So I'm trying to work out if the other letters I have constitute a discovery or if that needs to be opened in a particular way.

To be honest, I don't remember that much as it was nearly 5 years ago - they legitimately opened an enquiry into my 07/08 return in Jan 2010 and then later that year sent letters citing the use of Discovery to open up the previously mentioned years. Closure notices followed later in the year...

[DonkeyRhubarb]

I check in a few times a year to keep abreast of developments... has anything substantially changed in the last few months? Do you keep a "current state of play" and/or a timeline of notable events since this all started with the BN66 thread?

The NTRT newsletters are the best way of keeping abreast of what's going on. We provide updates, not only on our activities, but also what Montpelier are doing and on the Huitson & Shiner appeals.