BN66 - Time to fight back!!!

[TheGaffer]

and BTW - when replying .... 'following your letter dated ' will do as a starter - no 'thank you for your letter' - we owe them no thanks at all

I even had to grit my teeth when starting my letter with "Dear Mr Brannigan"...

[BrilloPad]

With all that is going on, I'm surprised to see CUK putting up adverts for companies (5 mins ago) offering schemes utilising the use of offshore trusts. I know little about it, but does this mean BN66 has a very limited scope that these providers are now able to get around, or are they blindly carrying on regardless? It has been reported that MP have another scheme that people can join...which I presume still uses the Double Taxation Treaty. I may well be wrong, as I don't know.

The new scheme - started 12th March 2008 - is loan based.

[BolshieBastard]

Hmmmmmmm. From a few pages back, I received a letter from HMRC on 28 July which only mentioned submitting a revised SA IF I declared income under the scheme in 2006.

Well I havent but is this a letter MP are expecting everyone to forward to them? Seems overkill if it is. Still not received any thing direct from MP or HMRC regarding a closure notice.

[theoctopus]

another lurker here. returned home today after a few days at client site to the MP letter.its good to finally have some communication from them.
thanks to everyone who has posted on here - its been very helpful as I doubt I'd have had the time to find out all this stuff on my own. its also been reassuring to know that others wont be caving in to our friend MrB.
CTD is the way forwrad for me and then sit tight whilst the legal chaps do their thing.

[StellaFan]

I even had to grit my teeth when starting my letter with "Dear Mr Brannigan"...

Debating whether to start mine with "Yo Al"

[BrilloPad]

Hmmmmmmm. From a few pages back, I received a letter from HMRC on 28 July which only mentioned submitting a revised SA IF I declared income under the scheme in 2006.

Well I havent but is this a letter MP are expecting everyone to forward to them? Seems overkill if it is. Still not received any thing direct from MP or HMRC regarding a closure notice.

Personally I submit EVERYTHING to montp.

But your call.

[ASB]

So the options to me are:

"Also to notify the HRMC when the Closure Notices arrive that MontP is handling the issue?"

You need to be careful with this. "Dear HMRC my advisors are handling the closure notice" leaves you at risk of accepting it.

I am not suggesting MTP are not going to do everything they should, but it is your interests that need to be protected. I would suggest you take some advice from somebody other than the scheme provider to ensure the protocol is correctly followed by submitting your own notice to appeal. If you don't do this, or it is not done on your behalf you have simply accepted the notice as correct after 30 days.

The appeal is to the general or special commissioners; though this would probably be deferred pending JR or the outcome of any appeals on the same basis.

Also note that after the issue of the closure notice HMIT is not allowed to ask any more questions about the return.

[BrilloPad]

another lurker here. returned home today after a few days at client site to the MP letter.its good to finally have some communication from them.
thanks to everyone who has posted on here - its been very helpful as I doubt I'd have had the time to find out all this stuff on my own. its also been reassuring to know that others wont be caving in to our friend MrB.
CTD is the way forwrad for me and then sit tight whilst the legal chaps do their thing.

Welcome to the thread. I am sure Donkey Rhubard, myself, and the other regulars, will very much appreciate the feedback.

Any more lurkers?

[BrilloPad]

You need to be careful with this. "Dear HMRC my advisors are handling the closure notice" leaves you at risk of accepting it.

I am not suggesting MTP are not going to do everything they should, but it is your interests that need to be protected. I would suggest you take some advice from somebody other than the scheme provider to ensure the protocol is correctly followed by submitting your own notice to appeal. If you don't do this, or it is not done on your behalf you have simply accepted the notice as correct after 30 days.

The appeal is to the general or special commissioners; though this would probably be deferred pending JR or the outcome of any appeals on the same basis.

Also note that after the issue of the closure notice HMIT is not allowed to ask any more questions about the return.

Just to confirm that what montp advised was "Clients should reply to the current HMRC letters stating that professional advice is being taken."

[ASB]

Just to confirm that what montp advised was "Clients should reply to the current HMRC letters stating that professional advice is being taken."

We might be a little at cross purposes. Replying in the vein you state is fine from a point of view of the general correspondence.

I was referring specifically to the point at which a closure notice is received (as mentioned by akan). Given the closure notices are likely to come out in quite a deluge do you really think MTP will be able to formally instigate the appeal process in this time? I'm not saying they can't but logistically it could be very difficult. If they don't get the appeal in in 30 days, game over.

Certainly if I were in this position I'd be asking somebody "how do I appeal this to ensure that I *can* protect my interests".