No To Retro Tax - Ongoing battle against S58 FA2008

[nearlyover]

As/when/if Huitson fails

I get the feeling that FNs are the end of the road for those who get them, is that the case? Is there any mechanism for appeal that MP are likely to have, or are they the word of an omnipotent government and unappealable? i.e is it worth paying Montpelier so as to remain involved in some potential future FN appeal?

[Out Of Cash]

I get the feeling that FNs are the end of the road for those who get them, is that the case? Is there any mechanism for appeal that MP are likely to have, or are they the word of an omnipotent government and unappealable? i.e is it worth paying Montpelier so as to remain involved in some potential future FN appeal?

Good question, I'd assumed it was the end of road once the FNs were issued.

Would be very interested if there are any other possibilities.

Anyone know of any groups active in this area that have not already closed their doors to new entrants?

ooc

[DonkeyRhubarb]

I get the feeling that FNs are the end of the road for those who get them, is that the case? Is there any mechanism for appeal that MP are likely to have, or are they the word of an omnipotent government and unappealable? i.e is it worth paying Montpelier so as to remain involved in some potential future FN appeal?

FNs are nasty. They come with an up to 50% penalty if you persist with your appeal and don't settle.

For most people, getting FNs would be game over.

HMRC can only issue FNs after a final court decision. A decision in Huitson would be final if:
1) Montpelier does not appeal to a higher court
OR
2) Montpelier is refused permission to appeal
OR
3) Montpelier abandon the case
OR
4) it's a decision of the Supreme Court

At the moment, MP are appealing to the Upper Tribunal. Assuming that appeal was lost, I think it would be very difficult to get permission to appeal to the next higher court, the Court of Appeal.

[eek]

FNs are nasty. They come with an up to 50% penalty if you persist with your appeal and don't settle.

For most people, getting FNs would be game over.

HMRC can only issue FNs after a final court decision. A decision in Huitson would be final if:
1) Montpelier does not appeal to a higher court
OR
2) Montpelier is refused permission to appeal
OR
3) Montpelier abandon the case
OR
4) it's a decision of the Supreme Court

At the moment, MP are appealing to the Upper Tribunal. Assuming that appeal was lost, I think it would be very difficult to get permission to appeal to the next higher court, the Court of Appeal.

Any further appeal above the upper tribunal would have to be on a point of law which may or may not exist

[Out Of Cash]

FNs are nasty. They come with an up to 50% penalty if you persist with your appeal and don't settle.

For most people, getting FNs would be game over.

HMRC can only issue FNs after a final court decision. A decision in Huitson would be final if:
1) Montpelier does not appeal to a higher court
OR
2) Montpelier is refused permission to appeal
OR
3) Montpelier abandon the case
OR
4) it's a decision of the Supreme Court

At the moment, MP are appealing to the Upper Tribunal. Assuming that appeal was lost, I think it would be very difficult to get permission to appeal to the next higher court, the Court of Appeal.

Does anyone know when when MP's appeal to the Upper Tribunal will be?


ooc

[BrilloPad]

Any further appeal above the upper tribunal would have to be on a point of law which may or may not exist

There are always grounds for appeal . As long as you have deep enough pockets(you have to pay HMRC costs too) then you can go on almost indefinitely.

I think MP want to cue Huitson behind Shiner anyway?

In 2008 I was poo-pooed for suggesting that S58 would be sorted by 2012. That was way too long most said.

For Huitson I am still going for 2018 as the end. I have always been too optimistic.

In a parallel universe MP took their case to FTTT in 2007 and avoided S58. I wish I lived there.....

[SantaClaus]

Complaint and claim for costs against wrongly issued APN

Hi all

CCW have provided us with a letter for all NTRT members, if you wish to make a complaint/claim for personal costs incurred by an APN.

The letter can be found here on the NTRT website:

Link to members area page

Please ensure you are logged onto the NTRT website with your NTRT username and password in order to avoid a "membership closed" error screen.

You can also access the letter using the menus: Members Area -> APN Letters Of Complaint

Thanks

Santa

[Laxmi]

Hi all

CCW have provided us with a letter for all NTRT members, if you wish to make a complaint/claim for personal costs incurred by an APN.

The letter can be found here on the NTRT website:

Link to members area page

Please ensure you are logged onto the NTRT website with your NTRT username and password in order to avoid a "membership closed" error screen.

You can also access the letter using the menus: Members Area -> APN Letters Of Complaint

Thanks

Santa

Should probably include the fact that CDTs cannot be reinstated. After all HMRC time machine has limited one way functionality - to extort money.

[ns1]

Is this what Montpelier are appealing against?

http://www.taxjournal.com/tj/article...-hmrc-22092015

Any idea what the odds are of them winning?

[BrilloPad]

http://www.taxjournal.com/tj/article...-hmrc-22092015

Any idea what the odds are of them winning?

Yes.

The odds of them winning are slim. But so was Leicester winning the premier league!

WG has shown himself to be at his best when in a corner! Go WG! Sock it to HMRC.....