BN66 - Time to fight back!!!

[TheBarCapBoyz]

In the recent letter from Mr Brannigan there was talk of a "jeopardy assessment". Not sure what this is. Anyone care to explain? Something to do with HMRC being able to seize assets perhaps?

[ContractIn]

Like you, I wrote before the bill was passed, so it wouldn't be appropriate to write again so soon.

But IMO, anyone who hasn't already written to their MP should do so now.

Has anyone written to Nick Hurd about this?

[stuffed]

In the recent letter from Mr Brannigan there was talk of a "jeopardy assessment". Not sure what this is. Anyone care to explain? Something to do with HMRC being able to seize assets perhaps?

Yes, I would be interested in knowing what powers the HMRC will have over us and how quickly the HMRC can put a freeze on our assets. Anyone know what the steps will be over a 1 year time period reagrdless of the outcome of the JR?

Also, Kerry Katona got her liability reduced from £400K to under £100K. Any idea how and why this would happen.
Is she really bankrupt, or just managed to put all assets into a trust etc?

[BrilloPad]

In the recent letter from Mr Brannigan there was talk of a "jeopardy assessment". Not sure what this is. Anyone care to explain? Something to do with HMRC being able to seize assets perhaps?

It is indeed to do with seizing assets. Apparently threating this works in montp's favour! I assume you forwarded onto montp? Did you get any response from them?

<paragraph deleted in case it leads to my banning>

[DonkeyRhubarb]

Has anyone written to Nick Hurd about this?

I assume he is your local MP? Even if someone else has written to him, you should anyway.

You may want to use this as a starting point.

http://forums.contractoruk.com/622437-post1750.html

[Diver]

In the recent letter from Mr Brannigan there was talk of a "jeopardy assessment". Not sure what this is. Anyone care to explain? Something to do with HMRC being able to seize assets perhaps?

JEOPARDY ASSESSMENT - Jeopardy assessments are implemented where the assessment or collection of tax is determined to be in jeopardy. Under such circumstances, the IRS is authorized to make an immediate assessment without following the procedures required for an ordinary assessment, and then may proceed to collect the tax as assessed without delay. See I.R.C. sections 6861, 6862. Section 6861 states that:

If the Secretary believes that the assessment or collection of a deficiency . . . will be jeopardized by delay, he shall . . . immediately assess such deficiency . . . and notice and demand shall be made by the Secretary for the payment thereof.

[twinkle]

Tax years

Can anyone tell me which tax years are currently being investigated and leeters being sent by HMRC ?

I assume it is 2006/07 and then previous years as returns for 2007/08 have not been submitted yet.

[DonkeyRhubarb]

It is indeed to do with seizing assets. Apparently threating this works in montp's favour! I assume you forwarded onto montp? Did you get any response from them?

<paragraph deleted in case it leads to my banning>

I expect more dirty tricks like this over the coming months. They are going to do everything they can to extract payments on account, and judging by the results of our Poll they are going to need to try a lot harder!!!

Be prepared for more intimidation tactics.

Incidentally, is anyone else a bit suspicious as to why we haven't received closure notices yet? I know they've probably been on holiday but even so it's 7 weeks since the Finance Bill was passed. Perhaps the buggers are up to something?

[Rainham]

Letter Sent.

I have sent my letter as suggested, if we all do this it may help in the long run. It takes a couple of minutes at no cost!

Here's my letter to help others word theirs.

With the introduction of the back-dated legislation from the 2008 finance bill regarding off-shore partnerships (Clause 55) I felt I needed to write to you.

Since parliament have approved this legislation me and my family have been affected both financially and physically. I have received a number of harshly written letters from the HMRC causing considerable anxiety to me and my wife and the very real possibility of financial ruin. I am being told that I am acting unlawfully from a law that has been introduced retrospectively. I would never consider doing anything unlawful and I believe I haven’t. Surely my human rights are affected when told you are breaking a law before the law was actually introduced?

I have taken legal advice from a leading Tax Counsel who is of the opinion this step of back-dating legislation is unlawful. In their view, the Government has resorted to retrospective measures because HMRC were unwilling to risk litigation on the matter. They intend to challenge this clause through a Judicial Review.

I don’t know if you can help in this matter or support any review. But I felt you should be made aware of what was happening to decent law abiding people like me.

[Ratican]

Also write to the Finance Committee Members asking them to explain themselves

... especially the labour members and also write to the PM, Chancellor and the finance minister. Keep this issue in their minds.
Outlining how this will personally affect you may be a good route forward.

Does anybody have the response from David Cameron that I heard about? Can you post an extract?

I just got another reply... from Justine Greening:
"
David Gauke MP did raise some serious concerns about the retrospective aspect of this legislation on the Finance Bill Committe itself, hence the vote that we forced. As you point out, to retrospectively tax in this way (and the government did it similarly with Vehicle Excise Duty, which was a clause I covered), damages trust and also damages the reputation of the UK as a good place to live and do business. We have to have confidence in our tax system if it is to function effectively.

I'm sure David Gauke can hopefully add to my comments and in particular regarding future plans.

Meantime, I can assure you will we continue to hold Treasury Ministers to account on this matter and their other examples of shambolic performance over the coming months.

Best wishes,

Justine Greening MP
"
Most importantly though - !!write to your MP!!