BN66 - Time to fight back!!!

[elpinar]

[QUOTE=BrilloPad;610911][QUOTE=TheGaffer;610522]

I hope it explains if the loan scheme is different to other loan schemes...[/QUOTE
on the basis that loans have agreements and as yet we haven singed any - if we dont like the new offering can we have our 10% back - and back date it thruogh a ltd company ir are we just stuck with some time on it regardless of our thoughts?

[BrilloPad]

[QUOTE=elpinar;611431][QUOTE=BrilloPad;610911]

I hope it explains if the loan scheme is different to other loan schemes...[/QUOTE
on the basis that loans have agreements and as yet we haven singed any - if we dont like the new offering can we have our 10% back - and back date it thruogh a ltd company ir are we just stuck with some time on it regardless of our thoughts?

Maybe a question for montp. Personally I am happy with 6 months of loan scheme - I reckon HMRC will have trouble detecting it. One of the reasons I am preparing to move now.

[NotAllThere]

I can tell you that if you owe money to Hector, and you are resident in Switzerland, they can't get your money. What they can do, however, is get you extradited for tax evasion. It seems to me that if you are resident abroad, and have no intention of paying a tax that's legally due, that would be evasion, rather than avoidance.

[DonkeyRhubarb]

I can tell you that if you owe money to Hector, and you are resident in Switzerland, they can't get your money. What they can do, however, is get you extradited for tax evasion. It seems to me that if you are resident abroad, and have no intention of paying a tax that's legally due, that would be evasion, rather than avoidance.

Agreed but whether they would extradite for a few grand or not is debatable, particularly when they have got c. 1500 easier targets to go after. As someone else said earlier though, if you go down this route then I would forget any idea of coming back.

Also, it wouldn't matter if MontP eventually won the case since by not appealing against the forthcoming tax assessment within the allowed 30 days you would effectively be agreeing to settle. HMRC would then issue a tax demand, and by not paying you would be had up for evasion. I'm not sure that "forgetting to inform them of a change of address" would be a viable defence.

[stuffed]

What if you owe quite a lot more?

Is extraditing you really a viable option? I know of quite a few people who have left or a leaving the scheme and heading overseas, as they were foreign nationals.

For myself a foreign national I have a very substantial bill, but am leaving the country soon , and for good if need be.
I am not sure whether I can use this to my advantage or not. (I will be moving to a commonwealth country)

Given my exposure, if it meant never coming back to the UK I would accept that.

Also, does anyone have any thoughts on whether you could structure your assets in such a way that the revenue is unable to touch them?

[Rantor]

Agreed but whether they would extradite for a few grand or not is debatable, particularly when they have got c. 1500 easier targets to go after. As someone else said earlier though, if you go down this route then I would forget any idea of coming back.

Also, it wouldn't matter if MontP eventually won the case since by not appealing against the forthcoming tax assessment within the allowed 30 days you would effectively be agreeing to settle. HMRC would then issue a tax demand, and by not paying you would be had up for evasion. I'm not sure that "forgetting to inform them of a change of address" would be a viable defence.

Indeed, tax evasion is something to be avoided. This only came to a head when I relasied that I had not received any letters from hector for a couple of years and I could not get an answer out of MP as to whether they had informed hmrc or not.

The prospect of tax assesment notices prompted me to write (twice) to MP and put a letter together to the Special Investigations bods. Its been sitting on my desk for a fortnight, taunting me. I think I'll send it.

I only used the scheme to partition-off some ad-hoc consultancy work I was doing while plan C was (not) getting of the ground - about 40k income in totoal IIRC. I think buying about 12k worth of scratchcards should do nicely as a hedging strategy

[ABROAD]

First Post

Dear All,

This is my first post. It is good to know there are lots more people in the same boat as me. It is encouraging that so many people who were/are part of Montpelier are going to fight HMRC on this issue. I have no desire to shell out lots of my hard earned cash HRMC for operating within the law of the day.

There is no doubt that this retrospective section in the 2008 Finance Act is unconscionable and immoral. If the government can sneakily change the rules and backdate them to suit themselves it will be the beginning of many social injustices that will be inflicted on the UK tax payer.

I was part of the MP scheme for about 1.5 years. My tax bill is not huge but it could definitely hurt...a lot. I feel genuinely sorry for those who will be unable to pay, I will also need to refinance my mortgage in order to pay off any debt, if it comes that.

I am not a UK citizen nor am I resident in the EU, however, I have started to look into my rights and ability withstand an attack from HMRC abroad. I would definitely like to make HMRC earn their money by coming after me and chasing me legally here. Most countries hold a very dim view on retrospective law. I would be interested in the positions/comments from other members who may not be resident in the UK.

There are a few things I have read lately that make me worried for all those that have been unfortunately involved with Montpelier.

Firstly in the latest correspondence from MP bullet point 8(d) rings alarm bells to me "Clients may, if they wish, settle the tax and NIC demanded". This is a very guised statement that says in my view, I think we are going to lose. If Montpelier truly believed they were going to win they would strongly urge members not to settle as it will undermine their position. Any members who settle will create a dangerous precedent. Settling is definitely an admission of guilt. When members begin to settle HMRC will know they have won and tehy will chase the rest of us even more vigorously.

Secondly. I have done some very basic reading into UK law. What I have learned is that the draconian UK legal system has this nasty little thing called parliamentary supremacy (I welcome members to read into this). In essence parliamentary supremacy allows acts of parliament to take precedent over any court made law, including Judicial reviews. I have also read that parliamentary supremacy would theoretically take precedence over any EU laws (I welcome anyone with legal knowledge to rebut this as it would actually make me feel better). I believe that MP was clinging onto the hope that the retrospective elements of this act would never come to pass. Now that it has I think MP will just be delaying the inevitable with their legal action. If MP has QCs working for them I think they would have realised by now, that such a fundamental mechanic of the UK legal system (i.e. parliamentary supremacy) would come into play and basically defeat the two avenues of defense that MP propose to use.

I am no legal expert, but I thought I should at least alert everyone on this forum to this potential flaw in MPs defense strategy. I am upset by this as well, and if others know this to be incorrect I am happy to be told otherwise.

[kiwinlondon]

I have decided that if i win the euro millions on fri i'll pay everyones tax bill thats with MP should they lose the court case.... although given that ive not won even enough for a happy meal no one should hold there breath....!

[DonkeyRhubarb]

What if you owe quite a lot more?

Is extraditing you really a viable option? I know of quite a few people who have left or a leaving the scheme and heading overseas, as they were foreign nationals.

For myself a foreign national I have a very substantial bill, but am leaving the country soon , and for good if need be.
I am not sure whether I can use this to my advantage or not. (I will be moving to a commonwealth country)

Given my exposure, if it meant never coming back to the UK I would accept that.

Also, does anyone have any thoughts on whether you could structure your assets in such a way that the revenue is unable to touch them?

If I was in your position, I would seek advice from a lawyer in your country to get an opinion as to whether HMRC could be successful in either getting your local tax authorities to collect the debt or extradite. I don't know which commonwealth country you are in but I've heard for example that the UK and Australian tax authorities have close ties.

I wouldn't leave this to chance because as I'm sure you are aware by now HMRC are ruthless b*astards.

[poppy01]

what I'd like to know is when are the b*stards going to issue me a f**king bill, how much do they think I owe, or are they just too damn bone idle..