BN66 - Time to fight back: Continued

[helen7]

[QUOTE=smalldog;677029]I dont see how something that is unlawful can be enforced as LAw, that just doesnt make sense to me.QUOTE]

The quote from HMRC letter states that it can only be found 'incompatible with the human rights act' by the Judical Review. - a 'declaration of incompatibility'

If found incompatible does that make it unlawful?

[smalldog]

[QUOTE=helen7;677031]

I dont see how something that is unlawful can be enforced as LAw, that just doesnt make sense to me.QUOTE]

The quote from HMRC letter states that it can only be found 'incompatible with the human rights act' by the Judical Review. - a 'declaration of incompatibility'

If found incompatible does that make it unlawful?

which must mean it can be struck out by ECHR. There is no greater law than that for Human rights from my limited understanding????

[SantaClaus]

Is there a time limit for an investigation into a return? If so, what is it?

Thought it was a year after the return is filed.

[smalldog]

Thought it was a year after the return is filed.

there is a 1 year limit to OPEN the investigation, but no time limit to keep it open

[SantaClaus]

we already knew this didnt we?
i'd like to see how it plays when they try to bankrupt people not only with retrospective tax law but also law that has been found by a judicial review to be unlawful with respect to the Human rights act. I for one would go to jail before paying up. they can take their retrospective bs and stick it where the sun dont shine. If they think this is going to be easy they can think on...

If this happens, I'll claim political asylum in France.

[SantaClaus]

there is a 1 year limit to OPEN the investigation, but no time limit to keep it open

The investigation was never opened for that particular tax year

sloppy, sloppy HMRC

[dezze]

there is a 1 year limit to OPEN the investigation, but no time limit to keep it open

So if you were on the scheme 2002- April 2006 and HMRC open an investigation for the return 2005-2006, they won't go back to previous years?

Sorry if this has been previously covered.

[SantaClaus]

So if you were on the scheme 2002- April 2006 and HMRC open an investigation for the return 2005-2006, they won't go back to previous years?

Sorry if this has been previously covered.

As far as I know they have to open an investigation for each self assesment that you send them. They have a year to do this, after which, that particular year is closed.

However, I'm sure I'll be corrected if I'm wrong.

[poppy01]

As far as I know they have to open an investigation for each self assesment that you send them. They have a year to do this, after which, that particular year is closed.

However, I'm sure I'll be corrected if I'm wrong.

in our case hmrc believe they can reopen the return on the basis of discovery, whenever the f**k they like

[DonkeyRhubarb]

As far as I know they have to open an investigation for each self assesment that you send them. They have a year to do this, after which, that particular year is closed.

However, I'm sure I'll be corrected if I'm wrong.

That's the theory.

Unfortunately, MP have already had a number of cases where HMRC have used "discovery" to re-open previously closed years.

Basically, if you are under enquiry for some years, they will almost certainly try to re-open any years they've missed.