• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Montpelier vs. HMRC - Contingency Options

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Montpelier vs. HMRC - Contingency Options

    Given that it seems likely that the case will drag on for several years, is it worth discussing ideas for how best to cover ourselves if the verdict ultimately goes against us?

    As I see it these are the options: (Have I missed anything?)

    Making Payments on Account
    Like CTD below, this stops further interest charges. It also has the benefit of earning a higher rate of interest than a CTD if we win. Personally I've got an aversion to handing money over to HMRC willingly, so I would rather keep control over it. However, if you are in the unfortunate position of being unlikely to be able to repay all of the debt, it may count in your favour if you have shown willing by making some form of payments. HMRC and the courts may well treat you more sympathetically than if (like me) you play hardball.

    Certificate of Tax Deposit (CTD)
    Making a payment into the tax deposit scheme stops any further interest accruing. Currently, for every £10k you deposit, it will save you £750/year in interest. It's hard to match this with any savings vehicle, particularly if you have to pay tax. The down side is that if we win, it only pays out a meagre 1 or 2% (before tax) in interest when you cash it in.

    Savings Account
    The problem here is even though you can get 6.5% (7% fixed) which is only slightly less than HMRC's 7.5%, if you have to pay tax then there will be a shortfall which could mount up over the years. You could put money in a Cash ISA but that's limited to £3k per person per year which is unlikely to be much help.

    Offset Mortgage
    This is not a bad option, particularly if your mortgage rate is above 6%. Also, unlike savings, this is a 100% tax efficient solution because you are using the money to offset debt.

    Overpaying Mortgage
    This depends on what type of mortgage you've got as to whether you will be allowed to overpay. Fixed or discount deals might have redemption penalties. If you can overpay, then it has similar benefits to an offset mortgage in that it's tax efficient because you are paying off debt. However, the drawback is you would have to remortgage in the future to pay off any tax bill.

    Other Forms of Investment
    ISAs (equities, commodities), property etc. This is obviously a higher risk strategy but some people might decide it's worth taking a punt with some of the money to potentially achieve a higher return. I have got a few ideas in this area but I will save this for another post if there is any interest in discussing this.

    Bankruptcy or IVA
    I know very little about this but the following link discusses some of the pros and cons.
    http://www.ukadvice.com/bankruptcy/c...kruptcy/7.html
    Last edited by DonkeyRhubarb; 6 July 2008, 11:02.

    #2
    what about insolvency/iva, personally I'd class these as an option, given my assets wont cover my debts, even before any additional liability for BN66

    Comment


      #3
      Originally posted by poppy01 View Post
      what about insolvency/iva, personally I'd class these as an option, given my assets wont cover my debts, even before any additional liability for BN66
      I agree, thanks for pointing this out. Insolvency is probably a last resort, and IVA is not a bed of roses either. Here are some pros and cons of IVA:

      http://www.iva.co.uk/guide_pros_and_cons.asp

      In particular, watch out for this:

      Possible Release of Home Equity
      If you have any equity in your property or any other significant valuable assets, you may be required to release some or all of this as part of the IVA agreement.

      Comment


        #4
        We have offices everywhere and the law is with us - why not just pay up now? Save yourselves alot of time and effort.

        Comment


          #5
          Originally posted by MrBrannigan View Post
          We have offices everywhere and the law is with us - why not just pay up now? Save yourselves alot of time and effort.
          Pack it in now, otherwise I will report you.

          http://www.opsi.gov.uk/acts/acts2005..._20050011_en_1

          23. The Act consolidates former criminal offence provisions relating to the Inland Revenue and HM Customs & Excise, to create a single framework for these offences within HMRC. In addition to consolidating those offence provisions, the Act brings their penalties into line with the equivalent Police offences. The offences are assaulting, obstructing or impersonating an officer of Revenue and Customs. Section 33 provides HMRC officers, where authorised by Commissioners, with the power of arrest for these offences.
          Last edited by DonkeyRhubarb; 7 July 2008, 08:17.

          Comment


            #6
            Originally posted by DonkeyRhubarb View Post
            Pack it in now, otherwise I will report you.

            http://www.opsi.gov.uk/acts/acts2005..._20050011_en_1

            23. The Act consolidates former criminal offence provisions relating to the Inland Revenue and HM Customs & Excise, to create a single framework for these offences within HMRC. In addition to consolidating those offence provisions, the Act brings their penalties into line with the equivalent Police offences. The offences are assaulting, obstructing or impersonating an officer of Revenue and Customs. Section 33 provides HMRC officers, where authorised by Commissioners, with the power of arrest for these offences.
            Did you have to post that on both threads? I feel like I am being bullied and harrassed. I shall report you to the mods if you don't behave.

            Comment


              #7
              Originally posted by MrBrannigan View Post
              Did you have to post that on both threads? I feel like I am being bullied and harrassed. I shall report you to the mods if you don't behave.
              Bullied and harrassed? You don't know the meaning of the words.

              You should try being on the receiving end of all those bloody letters you've been sending me for the past 5 years!!!

              Wait until you are in the dock sport, then you will know what it's like to be bullied and harrassed!!!
              Last edited by DonkeyRhubarb; 7 July 2008, 17:57.

              Comment


                #8
                Originally posted by MrBrannigan View Post
                Did you have to post that on both threads? I feel like I am being bullied and harrassed. I shall report you to the mods if you don't behave.
                Quite frankly you deserve it since you're posting implying you're one of the HMRC gnomes and attempting to worry people.

                I'm not concerned about either of the issues on which you've posted but quite frankly if you are an HMRC functionary then I'm sickened that my excessively large tax bills pay for your continued worthless existence on the planet.
                I for one am sick and tired of the extortion perpetrated by the UK government on the citizens of this country, of all of the places in the world that I've seen the UK gives the worst value to the taxpayers and frankly you should hang your head in shame, that or just hang yourself from a lamp standard with piano wire for preference to stand a chance of my hard earned cash being spent more effectively.

                Comment


                  #9
                  Originally posted by MrBrannigan View Post
                  Did you have to post that on both threads? I feel like I am being bullied and harrassed. I shall report you to the mods if you don't behave.
                  Twat.
                  ǝןqqıʍ

                  Comment


                    #10
                    Gooner = Mr Brannigan = W**ker

                    Comment

                    Working...
                    X