No To Retro Tax - Ongoing battle against S58 FA2008

[PeterF]

If there's a fight to be taken to them and it needs funding, count me in. Happy Friday all.

[Buzby]

For obvious reasons I can't reveal everything she said about the fraud issue.

But let me just share one her conclusions. Remember, she is an FTT Judge.

"It is extremely unlikely that HMRC would succeed in demonstrating fraud on the part of Mr A or Mr B."

Who do you trust? Her, or a couple of bullies from HMRC?

So we would have to ask someone else in HMRC, or the adjudicator why they would even suggest that they would try and pursue the fraud line. When HMRC officers go to a meeting do they seek legal opinion first or just make it up on the spot?

[DonkeyRhubarb]

When HMRC officers go to a meeting do they seek legal opinion first or just make it up on the spot?

They clearly came to the meeting armed with the fraud angle. It's all they wanted to talk about. It turned out to be a short meeting.

If they did get a legal opinion they never mentioned it.

[eek]

They clearly came to the meeting armed with the fraud angle. It's all they wanted to talk about. It turned out to be a short meeting.

If they did get a legal opinion they never mentioned it.

How can it be fraud when all parties were happy with the contract? Who exactly was being defrauded?

However, I think folks probably need to stop this conversation here though as its probably giving too much information to HMRC...

[bananarepublic]

They clearly came to the meeting armed with the fraud angle. It's all they wanted to talk about. It turned out to be a short meeting.

If they did get a legal opinion they never mentioned it.

If it was fraud then there was clearly a conspiracy by '000's if not '0000's of people. Who mainly didn't know or communicate with each other. Who managed to keep quiet about it for 10+ years. And then conveniently got a QC to produce a favourable opinion which was then placed in front of HMRC, to complete the conspiracy after all the foreseen time windows had expired.

Thats basically what HMRC are saying.

[webberg]

So we would have to ask someone else in HMRC, or the adjudicator why they would even suggest that they would try and pursue the fraud line. When HMRC officers go to a meeting do they seek legal opinion first or just make it up on the spot?

They would have discussed this with the Solicitors Office. This is an internal resource and surprise, surprise, their role is to find legal justification to support an Inspector.

I think the poster above is correct. By all means vent and express opinions but I suggest that all discussion of counter argument, additional issues, alternative views etc is confined to a more confidential forum.

I think NTRT has one such? Might be more appropriate shifted there?

[OnYourBikeGB]

I never considered it. I just followed professional advice. The scheme was backed up by a QC opinion. It's not my fault if the original QC didn't consider it.

If Anne Redston comes back with a reaffirmation of her original opinion, then I'm going for it.

I've had enough of dicking about.

Me too - I am also worried that this is a delaying tactic to give them time to come up with a new bit of legislation to counter this argument. I say go now.

[DonkeyRhubarb]

I think the poster above is correct. By all means vent and express opinions but I suggest that all discussion of counter argument, additional issues, alternative views etc is confined to a more confidential forum.

You, and eek, are probably right.

Although I doubt anything, that any of us have said, could help HMRC.

If they're reading this, hoping for bright ideas, then they really are in trouble.

[smalldog]

They clearly came to the meeting armed with the fraud angle. It's all they wanted to talk about. It turned out to be a short meeting.

If they did get a legal opinion they never mentioned it.

They probably did get a legal opinion in that case and they had said "your F**ked me old china!"

[SantaClaus]

I'm feeling decidedly cheerful about the TAA going into the weekend.

I can imagine HMRC officials venting steam and desperately trying to crank up the APN machine with more lube... I mean oil.