No To Retro Tax - Ongoing battle against S58 FA2008

[bananarepublic]

*AHEM* George.....

George provided an argument as to why he didn't owe tax which HMRC judged would win in court.

That is entirely different to calling it quits in return for an APN payment.

[Britspud]

If you demonstrate that you have made genuine efforts to pay, you will be offered a payment plan - HMRC will not take your house or make you bankrupt, that is a last resort.

If you spent the last 8 years buying cars and having lovely holidays they will most likely F***K you over.

Except the payment plan almost never goes beyond 12 months. And the outstanding amounts for some are so huge that they'd never be able to pay it even over 5 years.

Also, the APN letters have all mentioned specific extra penalties if it's not paid in time, and seems to go on for months and years where penalties are owed (5% each time). It does perhaps indicate that they won't send in the enforcement people to recover APN money...until the court judgement is reached of course. So I don't see that people who have no chance of paying it all have anything to gain by paying the APN and then being bankrupted by the interest.

[the great escape]

No, what he's correctly deduced is that all tax/nics should have been collected by the agency under PAYE.

HMRC should refund us the tax/nics we paid through self-assessment and raise a PAYE assessment against the agency instead. Unfortunately, for HMRC, they're out of time but that's their problem.

So much riding on a technicality - but that's the law. And it seems they know it. How could they have overlooked it in favour of expensive legislation. Mind boggles.

[lucozade]

No To Retro Tax - Ongoing battle against S58 FA2008

If you demonstrate that you have made genuine efforts to pay, you will be offered a payment plan - HMRC will not take your house or make you bankrupt, that is a last resort.

If you spent the last 8 years buying cars and having lovely holidays they will most likely F***K you over.

do you ever come on here and offer anything other than negative comments?

[reckless]

Let battle commence

We received it this morning.

It just confirms, and amplifies, what she stated previously.

Get ready to rock and roll.

Great news. I think we have suffered before from playing the long game. The potential embarrassment to HMRC now looks huge. So let's rock 'n roll, cheque book at the ready. Chocks away!

[DownButNotOut]

MontP 2004/05 2005/06 Letter to HMRC

Can anyone explain why Montp believes APN's for the tax years 04/05 & 05/06 are not valid. (provided a draft letter to send to HMRC) And why this isn't the case for later years. Please PM if sensitive.

[OneUnited]

do you ever come on here and offer anything other than negative comments?

Agree H7 is definately a big bundle of joy

[GripRacing]

Can anyone explain why Montp believes APN's for the tax years 04/05 & 05/06 are not valid. (provided a draft letter to send to HMRC) And why this isn't the case for later years. Please PM if sensitive.

Hi,

I know what MTM have said (I'll PM you Down-But-Not-Out) but don't know why it doesn't apply to 06/07 or 07/08.

Grip.

[DonkeyRhubarb]

Can anyone explain why Montp believes APN's for the tax years 04/05 & 05/06 are not valid. (provided a draft letter to send to HMRC) And why this isn't the case for later years. Please PM if sensitive.

An APN is only valid if the arrangement was notifiable under DOTAS.

DOTAS was introduced in 2004, hence why APNs can only apply to years 2004/5 onwards.

However, the 2004 DOTAS regime was limited in scope. It was extended in 2006, applying from 2006/7 onwards.

So, there will be circumstances where a scheme was notifiable in 2006/7 but not in 2004/5 or 2005/6. Montpelier are saying this is the case with the DTA scheme.

[BolshieBastard]

We received it this morning.

It just confirms, and amplifies, what she stated previously.

Get ready to rock and roll.

Lock and load, baby!