No To Retro Tax - Ongoing battle against S58 FA2008

[DonkeyRhubarb]

As an individual, absolutely not! But as part of a collective, I'm not so sure.

There's something bugging me about this. I don't know whether it's a rational concern, but will say it anyway...

In 2007, scheme users received a letter from HMRC which, although not expressly, was impliedly a statement of their intent to take the question to the Special Commisioners. Later, and after a retrospective change in the Law, a High Court judge breezily dismissed this letter by saying something like "You were at liberty to take this matter into your own hands and approach the Special Commisioners yourselves". (Bizzarely, the judge was also implying that it's a bad idea to attach a truth value to anything which HMRC may intimate; an implication which can't have been lost on their strategists.)

Does the present situation contain a faint echo of this? I mean... is there another High Court judge in some future time continuum saying "You were, in 2015, at liberty to take this matter into your own hands and request a review based on the Law as it stood at that time."?

The first-tier and upper tribunal (FTT & UT) replace the old General and Special Commissioners.

Requesting a review is an optional step a taxpayer can take before going to the FTT. Prior to the meeting with HMRC, CCW recommended this. One of their senior partners accompanied NTRT at the meeting.
https://www.crowehorwath.net/uk/abou...n_cassidy.aspx

Shortly after the meeting CCW changed their advice. They now recommend everyone applies straight to the FTT.

[freeranger]

Shortly after the meeting CCW changed their advice. They now recommend everyone applies straight to the FTT.

Will this require everyone having a day in court, or will CCW/someone else do all the representation?
Just thinking that if you're a contractor then you may have to factor in more expense over and above the cost of engaging CCW to put in court appearances etc
Plus of course, maybe you tend to crumble under pressure and a witness box isn't the best place for you :}

[TAF4]

I can guarantee they would be biased in our case and we would be disadvantaged.

Mr Cassidy (CCW) has now witnessed the biased and vindictive position adopted by Hector () and is convinced we should go straight to FTT. This injustice has to be aired in public and the perpetrators exposed.

[Disgusted of Coventry]

One of their senior partners accompanied NTRT at the meeting.
https://www.crowehorwath.net/uk/abou...n_cassidy.aspx

Wow! OK, reassurance complete! You can't argue with that CV.

[eek]

Wow! OK, reassurance complete! You can't argue with that CV.

So HMRC sat down and told ICAEW's representative on HMRC’s fraud forum that this was a fraud case...



No wonder he recommends skipping the review step... I bet he was utterly furious...

[elpinar]

Will this require everyone having a day in court, or will CCW/someone else do all the representation?
Just thinking that if you're a contractor then you may have to factor in more expense over and above the cost of engaging CCW to put in court appearances etc
Plus of course, maybe you tend to crumble under pressure and a witness box isn't the best place for you :}

hmmmmm... a day in court i dont fancy ....... I had to do that once for a trumped up driving offence that got all my costs paid out of public funds and took the magistrate less time that if took the policeman to smoke a fag to call us back in with the verdict ... and even then it was a really revolting experience that i do not want to ever go through again

[TAF4]

From 29th April -

Yes, we've found a company that can do what is akin to a class action.

[CanPayButWouldRatherNot]

hey ... hubby says we are a yes - so can we change my no to a yes ......

and do we wait for the next newsletter or just call whatever they are called ?

thx

You are as indecisive as me !! ...welcome aboard the YES campaign ... (dons hardhat for the possible probe in years to come :-) )

[elpinar]

You are as indecisive as me !! ...welcome aboard the YES campaign ... (dons hardhat for the possible probe in years to come :-) )

haha ... I know .... its amazing what difference a few bottles of wine make to your outlook

[ContractIn]

Update...

Hi All

I am struggling to keep up with everything that is going on. Is there a NTRT/MTM update due which details the next steps?

Thanks
CI