BN66 - Time to fight back (Chapter 3)

[KiwiGuy]

I have just had a response to 'the letter' from my MP who has attached a detailed letter from a response to another of his constituents.

It contains many quotes and extracts from parliamentary debates etc of which I am sure many have been posted here before.

Just wanted to know if anyone would like to see the attachment, more than happy to forward it on, or post it here (6 pages).

Resonse was ....

"Dear Mr. X,

Thank you for your message.

I have previously taken this matter up on behalf of another constituent and attached is a briefing note prepared for me by our Library which explains what has happened. You will see that my Party did divide the House of Commons’ Committee that debated this issue but that the Clause was approved without amendment by a majority in Parliament despite Conservative opposition.

I am sorry not to be of more assistance - but HMRC should have told you of your right of appeal under the tax collection procedure.


Yours sincerely,

Michael Mates"

So basically "we tried" and now we dont care

[macdat]

So basically "we tried" and now we dont care

Indeed, not the 'I will do everything in my power as your MP to assist you with your plight' response I would have preferred !!

[DonkeyRhubarb]

... Just wanted to know if anyone would like to see the attachment, more than happy to forward it on, or post it here (6 pages).

...I am sorry not to be of more assistance - but HMRC should have told you of your right of appeal under the tax collection procedure.


Yours sincerely,

Michael Mates"

This sounds vaguely familiar. I seem to remember someone receiving a load of waffle last year.

I'm afraid it is inevitable that some letters will be fobbed off, even by Conservative MPs. That's why this is all about the numbers.

[poppy01]

and so it begins.....

To all those trolls and lurkers who thought BN66 was nothing to do with you, check this, from the CUK front page in case you missed it .....

HMRC signals attack on tax planners

The Revenue has been criticised for strong yet ambiguous words that could pave the way for a highly aggressive, even retrospective, stance towards legal tax planning.

Advisors said the clause in the taxpayers’ charter, the first of its kind to have the force of law, threatens those who legitimately arrange their affairs to minimise their tax bill.

The charter, which sets out the rights and responsibilities of HMRC and taxpayers, states that the authority will “pursue relentlessly” those who “bend the rules.”

This clause is “highly ambiguous” and undermines the charter, which is open for taxpayers’ comments, because it is meant to be clear and balanced, said McGrigors.

The law firm explained that part of the problem is that it can be “very unclear in practice” whether tax rules were “bent” or applied legally when the planning took place.

“HMRC often sees apparently normal tax planning as ‘bending the rules’,” said Rupert Shiers, a partner at McGrigors, which specialises in commercial law.

“And if parliament approves this charter we could see far more extensive challenges launched against innocent taxpayers.”

The firm also questioned whether Revenue & Customs could actually stick to its tougher stance, pointing out that it has legal duties from public law not to behave unreasonably.

HMRC also has no powers to impose penalties on taxpayers for arranging their affairs in ways that minimise their tax liabilities as long as they did not break any rules.

“Everyone wants HMRC to have the power to deal with the minority of taxpayers who break the rules,” Shiers said.

“But there are many more taxpayers who arrange their affairs to minimise the amount of tax they have to pay, and do so legitimately.”

He urged the state not to use the charter to make it practically impossible for such taxpayers to defend themselves if HMRC decides - “several years later” - that it dislikes what they did.

Separately, Britain’s leading body of chartered accountants is unhappy with the implied proposal to call the taxpayers’ charter, ‘HM Revenue & Customs Charter.’

“We do not think that is right because the charter is principally produced for the benefit of taxpayers and their advisers, although we also hope that it will have a beneficially impact of HMRC”, said the ICAEW.

The draft taxpayers’ charter, which is now open to consultation until May 12, will form the basis of the final charter which is due to be published some time in the summer.

[HMRCAreCrooks]

Using the HMRC Gateway

Silly question - I am looking at my account details and I dont see anything about untoward. In fact I am told I am due a repayment of £50. I looked at previous tax years back to 2001 and none indicate under investigation etc. Is there some other link I need to be looking at?

Thanks.

[DonkeyRhubarb]

Followup Letter

If you wrote to your MP saying you were facing financial ruin, and the MP writes back saying sorry they can't help, then I have a followup letter to send.

You should be afronted by this response. The very least you should expect is that they forward your letter to the Government for comment.

Don't let them off the hook that easily.

[macdat]

If you wrote to your MP saying you were facing financial ruin, and the MP writes back saying sorry they can't help, then I have a followup letter to send.

You should be afronted by this response. The very least you should expect is that they forward your letter to the Government for comment.

Don't let them off the hook that easily.

Follow up letter sent !

[DonkeyRhubarb]

Follow up letter sent !

Good on you!

[normalbloke]

Silly question - I am looking at my account details and I dont see anything about untoward. In fact I am told I am due a repayment of £50. I looked at previous tax years back to 2001 and none indicate under investigation etc. Is there some other link I need to be looking at?

Thanks.

Don't think so. I'm the same as you. No mention of anything untoward on the Gateway. Maybe its to do with the local tax office - I haven't received any Closure Notices either. I'm actually owed tax as well - however, when I rang and asked for it, they said as I was 'under investigation' they couldn't repay it. I assume I could kick up a fuss, but didn't feel it was worth it given the lowish sum involved.

[MajorGowen]

Another one on it's way...

Hi Everyone,

Sent my letter today, so will let you all know the response if and when I get one.

MajorGowen...