BN66 - Time to fight back (Chapter 3)

[poppy01]

better to pay up now and be done with it" he said. "And there is no negotiation sir, you owe use the tax."

actually, no we don't. which is why there should indeed be no negotiation.... from us.

[seadog]

HMRC agreement to DTA

Did we ever establish if anyone has a letter from HMRC closing off enquiries or not opening up enquiries even when the DTA information had been included on Self Assessment returns.

[smalldog]

actually, no we don't. which is why there should indeed be no negotiation.... from us.

absolutely, remember that when you login and check your tax position its currently saying you owe zero...remember that.

[DonkeyRhubarb]

Did we ever establish if anyone has a letter from HMRC closing off enquiries or not opening up enquiries even when the DTA information had been included on Self Assessment returns.

We are working on this.

We know that a few people have not had enquiries opened but these people will be reluctant to step forward for fear of "discovery assessments".

We know of many others who have had enquiries opened after the 12 month deadline has passed. (HMRC breaking their own rules!)

There are no contractors in the Montpelier scheme who have had enquiries closed. If there are people this has happened to (and WG seems to know there are), then I think they must be property developers.

I submitted the following Freedom of Information request to HMRC on 29th January and am waiting for a response:

This FOI request concerns the scheme closed retrospectively by Section 58, Finance Act 2008.

It is known that some taxpayers who used the scheme had their enquiries closed by HMRC and gained a tax advantage. Can HMRC provide a report on this, including:

1) the number of users who benefited from this tax advantage
2) the number of enquiries that were closed where there was no additional tax to pay
3) a breakdown of the financial value to the users of this tax advantage
4) the total cost to the Exchequer of providing this tax advantage

[smalldog]

That FOI request seems incredibly damning to HMRC....!!

[BrilloPad]

I agree. I am just wondering if people, in their initial reactions, had a conversation with the HMRC when all of this business started, and thus whether they also discussed any negotiations. I myself had a conversation with one of the HMRC lot and I remember how he sounded like a car salesman, or some other dodgy dealer. He spent the majority of the conversation telling me how much the interest is, how long these things drag on, how in many many cases peoples final interest bill is much greater than the original bill...."better to pay up now and be done with it" he said. "And there is no negotiation sir, you owe use the tax."

Sounds like the police. They will tell you any old lies to get a conviction.

[DonkeyRhubarb]

That FOI request seems incredibly damning to HMRC....!!

Which is why they will try finding any way of wriggling out of supplying the data.

I am expecting them to reply something along the lines "we don't keep this information".

But my response to that will be "here's the name of a man who has it at his fingertips".

[HMRCAreCrooks]

Sounds like the police. They will tell you any old lies to get a conviction.

I do remember the conversation and the way I felt, how angry I was, when the call ended.

[johnnyguitar]

BN66 - solution ?

I'm sure this has been raised before but I can't find a mention of it.
These chaps seem to be offoering a solution but, being slightly dim, I'm not sure I really understand

http://www.bn66.co.uk/bn66-solution-...-questions.htm

Has anyone got any opinions on it ?

[Fisherman]

Hello all

According to HMRC's own T&C's for SA tax enquiries we have had the right to take the enquiry to the tax commisioners ourselves. We could have done this based on saying that holding an enquiry open for 6+years is unreasonable and putting in a complaint.

Any one any thoughts on why MP havnt done this and or is this still an option, it would have to be some one brave though.

It would bring matters to a head !

Fisherman