No To Retro Tax - Ongoing battle against S58 FA2008

[DonkeyRhubarb]

Hello all,

for those who don't get NTRT newsletters .. the Huitson appeal has been lost.

Details of judgement:

http://www.financeandtaxtribunals.go...99/TC04621.pdf

I wonder if instead of APNs HMRC could now proceed to issue follower notices? ... anyway. Prepare to pay up.

Challenging APNs at this time seems pointless to me.

You beat me to it, I was just about to post something.

HMRC can only issue FNs after a final court ruling. If Montpelier appeals to the Upper Tribunal then HMRC can't issue FNs. HMRC may also await the outcome of the Shiner UT case which is due to be heard next month.

[DonkeyRhubarb]

HMRC press release on the Huitson FTT

Up to £200m due after HMRC defeats avoidance scheme in Tribunal - HM Revenue & Customs (HMRC)

It's also been widely reported in the press.

https://www.google.co.uk/search?q=hu....0.xpHQJbzseyU

[Retro]

Up to £200m due after HMRC defeats avoidance scheme in Tribunal - HM Revenue & Customs (HMRC)

It's also been widely reported in the press.

https://www.google.co.uk/search?q=hu....0.xpHQJbzseyU

Is that the very end of the line or is George still afloat?

[DonkeyRhubarb]

Is that the very end of the line or is George still afloat?

Montpelier say they are going to appeal to the Upper Tribunal.

And George is very much still afloat.

[mossman]

Upper Tribunal

Montpelier say they are going to appeal to the Upper Tribunal.

And George is very much still afloat.

If they go ahead with the appeal to the upper tribunal, what would be a reasonable estimate for the time it will take to get the verdict from that appeal?

If the appeal to the upper tribunal is unsuccessful, is that the end of the line or is there somewhere else Montp could appeal to?

[DonkeyRhubarb]

If they go ahead with the appeal to the upper tribunal, what would be a reasonable estimate for the time it will take to get the verdict from that appeal?

If the appeal to the upper tribunal is unsuccessful, is that the end of the line or is there somewhere else Montp could appeal to?

It's a bit complicated.

First Montpelier have to apply to the FTT for permission to appeal to the UT. If the FTT refuses then they can apply to the UT for permission.

Appealing to the Upper Tribunal - RPC Tax Take

If they get permission then it will probably be 6-9 months until the case is heard at the UT, and a similar timeframe to get a decision (ie. total 12-18 months). If they lose in the UT then they could try and appeal to the Court of Appeal.

If Montpelier are unsuccessful in getting permission to appeal to the UT then that would be the end of the road.

[mossman]

Appeal

It's a bit complicated.

Isn't it always!

First Montpelier have to apply to the FTT for permission to appeal to the UT. If the FTT refuses then they can apply to the UT for permission.

Appealing to the Upper Tribunal - RPC Tax Take

If they get permission then it will probably be 6-9 months until the case is heard at the UT, and a similar timeframe to get a decision (ie. total 12-18 months). If they lose in the UT then they could try and appeal to the Court of Appeal.

If Montpelier are unsuccessful in getting permission to appeal to the UT then that would be the end of the road.

Once again, thanks for the info DR.

[DonkeyRhubarb]

Once again, thanks for the info DR.

A couple more things.

Montp can only appeal to the UT on a "point of law" but I'm not entirely clear on what this means.

They had 56 days (8 weeks) from the FTT decision to appeal which, by my reckoning, gives them until around 29th October.

[BolshieBastard]

A couple more things.

Montp can only appeal to the UT on a "point of law" but I'm not entirely clear on what this means.

They had 56 days (8 weeks) from the FTT decision to appeal which, by my reckoning, gives them until around 29th October.

Appeal on a point of law means they (MP) have to show the Tribunal either failed to consider the legislation correctly or misinterpretted the legislation on which they determined or used on which to base their judgement.

[Retro]

Appeal on a point of law means they (MP) have to show the Tribunal either failed to consider the legislation correctly or misinterpretted the legislation on which they determined or used on which to base their judgement.

Do we know if MP went ahead with the appeal to the Upper Tribunal?