BN66 - Time to fight back: Continued

[BrilloPad]

Hello!

I’ve been lurking for quite a while and decided to join the party!

I’ve received two tax demands for the last two years – nothing for previous years…yet!

I’ve forwarded them onto NW, I’ve had nothing back yet - will I need to signed something for the appeal?

I think BN66 will be struck down (“declared incompatible with ECHR”) eventually, I expect HMRC will then fall back on the “the law has always said that” argument but they’ll eventually lose on that count too. Look at what they did with Arctic Systems. Perhaps we should be calling the public’s attention on how much money HMRC are wasting – spending it to chase people who complied with the law.

Money is going to be tight for the government in the next few years, and no one I’ve spoken to thinks Gordon Brown’s bank bailout is “fair” or “right”. Government waste will become a big issue.

welcome to the bn66 thread and thanks for not lurking

[SantaClaus]

• Banks collapsing
• Stock markets in freefall
• Falling house prices
• Credit drought
• Rising unemployment

The lists goes on.

If HMRC do want to negotiate they better hurry up before there is nothing left to negotiate over.

Those two birds in the bush are already spreading their wings.

Hey this list could be fun! Lets have some more current and future problems that await us:

• A billion pounds of local govt. money lost to Icelandic banks
• The pound diving towards its 1998 value
• The 2008/09 winter of discontent.
• Retirees on the poverty line when they find their pension is worth nothing.
• Rising taxation to pay for the ever increasing public sector wage bill followed by public discontent and riots on the streets.
• Labour govt. booted out of office and replaced by a Tory govt.
• HMRC humiliated in the European Court Of Human rights
• Our friend Hector sacked and replaced by Indian slave labour for 1/50th of the cost

[BrilloPad]

I would like to thank the person who sent me the PM! Brought a tear to my eye.

Your courage and determination to fight is a credit to us all - keep the faith!

BP

[ASB]

I’ve forwarded them onto NW, I’ve had nothing back yet - will I need to signed something for the appeal?

I'm not sure if this "NW" is a typo. IF you mean Montpelier then it would appear they are properly entering appeals against the closure notices.

However, what is important is that you must appeal within 30 days - or you simply accept the demand. The closure notice contains details of the formal procedure to appeal. If you advisor is other than Montpelier then ensure they are doing this.

[BolshieBastard]

Does anyone know whether the closure notices issued to date have been against the biggest tax demand? I havent received any closure notice and am just wondering if hMRC are going for the big hitters as it were, first?

[onyx]

I wonder how HMRC would react if someone was prepared to settle but the funds were "frozen" in an Icelandic account (excuse the pun)... BTW, I don't have the cash to pay the full amount anyway so makes no difference to me

[mossman]

Death

If I die before this is all over, does the tax liability die with me, or would my wife have to pay it in the event of (worst case scenario) we lose the JR?

Conversely, if I've stuck some dosh in a CTD, then I die, and we win the JR, would my wife be able to get the dosh back out of the CTD, or would it be lost because the CTD is not transferable?

[onyx]

If I die before this is all over, does the tax liability die with me, or would my wife have to pay it in the event of (worst case scenario) we lose the JR?

Conversely, if I've stuck some dosh in a CTD, then I die, and we win the JR, would my wife be able to get the dosh back out of the CTD, or would it be lost because the CTD is not transferable?

===

Mossman

HMRC would attempt to recover the liability from your estate. I've been advised by a solicitor that the debt would pass onto the spouse. That's possibly why that guy razed his house after shooting his family members and the ponies a couple of months back (and those shootings a few days ago in the states by that Indian guy who lost about £1,000,000 on worthless stocks).

[ASB]

If I die before this is all over, does the tax liability die with me, or would my wife have to pay it in the event of (worst case scenario) we lose the JR?

Conversely, if I've stuck some dosh in a CTD, then I die, and we win the JR, would my wife be able to get the dosh back out of the CTD, or would it be lost because the CTD is not transferable?

Your wife would not have to pay the debt - you (or more accurately your estate) would. This could of course reduce the residue of the estate to zero, Equally if the debt exceeds the value of the estate then HMRC can just go whistle.

If you are seriously concerned about this then you should also check up on the treatment of joint property (in the full sense of the word not just bricks and mortar) in the event of your death. It is different depending upon whether you are joint tenants or tenants in common. The results (and impact for IHT later down the line) may not be as you expect.

[ASB]

I've been advised by a solicitor that the debt would pass onto the spouse.

How.

The estate needs to be settled before probate is granted. "All" that happens is that the deceased share of joint property is taken into account in valuing the estate and thus the amount available for settling the debt. This may make it look (and feel) as though the debt is passed on but it isn't actually the case.