BN66 - Time to fight back (Chapter 3)

[poppy01]

Odds are they didn't expect you to mobilise en-masse and with far more intelligence than they have.

If they had taken on the Lawyers, Medics or Accountants they would have expected an intelligent response, by attacking IT contractors they thought they were taking a pop at grease monkeys or Joe Bloggs shopkeeper type businesses, they've obviously had a shock by the reality of the situation.

Keep up the pressure, I for one will be happy to see you guys win and defeat this particularly unjust legislation.

I also think they really thought we had 150k in our back pockets that we'd just hand over without making a fuss.

[HalfMonkey]

Frank Dobson (Labour M.P) Response

I sent DR's 5 point letter to my MP, Frank Dobson.

He responded within 2 days asking me to send him my National Insurance number. I sent him this and within another 2 days had the follwing response:

Dear XXXXXX,

Thank you for letting me have your National Insurance number.

I confirm that I have today written to the Chief Executive of HM Revenue & Customs about all the points you raise and I will, of course, get in touch with you again immediately I receive a reply.

Your Sincerely,
Frank Dobson

I was pretty impressed with his efficiency in all this.

[poppy01]

I sent DR's 5 point letter to my MP, Frank Dobson.

He responded within 2 days asking me to send him my National Insurance number. I sent him this and within another 2 days had the follwing response:
I was pretty impressed with his efficiency in all this.

so theres one decent Labour MP then

[smalldog]

ulimately, everyone who is contracting should join our cause affected or not. If HMRC are allowed to get away with this sort of thing it might be us today, but I bet your bottom dollar it will be another group tomorrow. IF they get away with this it will set a very very scary precedent for everyone in business, big or small...

[lucozade]

so theres one decent Labour MP then

Yeah, well mines was poor and basically said "you've avoided paying tax" and should seek legal help.

Why do they ask for your NI number, I refused to give mine out as I didn't want any fall out from it.

[Emigre]

HMRC Discretion for Mental Illness

NO disrespect intended to those with genuine mental illness. The following article appeared on AccountingWeb by TaxAid

Did you know that HMRC Debt Management has published its procedures for waiving recovery of tax credit overpayments where the claimant suffers from a mental health problem, and waiver is necessary to prevent “any detrimental effect or unreasonable distress”?

This welcome development forms part of a wider drive by HMRC to tackle its obligations under the Disability Discrimination Act (DDA), which requires government departments to make appropriate adjustments to address the special needs of people with disabilities, including those suffering from mental illness.

According to the mental health charity Mind, one person in every four suffers from mental illness at some point in their life, and so almost every tax practice will have clients who are affected. Such individuals may suffer from depression which makes them feel unmotivated or exhausted, making it difficult for them to manage paperwork or read coding notices, or they may have panic attacks triggered by official forms or having to telephone someone in a position of authority. They may also suffer conditions which can lead to self-harm.

Many years ago local tax inspectors had discretion to treat such individuals informally, so they might disregard the failure to file a return where there was clearly no loss to the Exchequer. However, such flexibility is less compatible with the modern HMRC, which relies upon standardised computerised processes and reduced personal contact. Nowadays, a person suffering from a serious mental illness may (without malicious intent) be unfairly pursued right to the courts.

HMRC is now working hard to address such inequities, and the new relaxation on tax credit overpayments is an early result, but it needs to understand better what other changes are required, and so it has commissioned Mind – supported by TaxAid – to conduct an independent study.

From TaxAid’s casework

Heather is 63 and receives a tiny income as a music teacher and a basic state pension. Ten years ago she felt affronted by a local tax official and since then has flatly refused to complete tax returns. In consequence, HMRC raised determinations and was pursuing her for tax, interest and daily penalties exceeding £10,000. The matter eventually reached the County Court, where Heather asserted that HMRC officers were physically persecuting her and seeking to line their own pockets. The judge adjourned the case, advising her to contact TaxAid.

Heather was difficult to help, as she had no records and refused to discuss how we might establish her income. While it appeared from her lifestlyle that her income had always been less than her personal allowance, but the service office could not take a broad view and the recovery officer insisted on payment of the legal debt.

In the end we lodged a complaint, asking for a home visit by more senior officers who quickly ascertained that the case should be dropped and applied HMRC’s care and management powers for the entire debt to be cancelled. However, were it not for the judge’s intervention, and TaxAid’s help, Heather could have been pursued to bankruptcy.

So if i read this right, if we all plead insanity caused by years of not being heard by HMRC they will waive any tax and interest? It would appear to be disciminatory to allow discretion in dealings with one group of people and not others?

[theoctopus]

ulimately, everyone who is contracting should join our cause affected or not. If HMRC are allowed to get away with this sort of thing it might be us today, but I bet your bottom dollar it will be another group tomorrow. IF they get away with this it will set a very very scary precedent for everyone in business, big or small...

can you imagine the number of people who would be caught if they back dated a change which impacted those using the various EBT/loan schemes out there? it wouldnt just be a few hundred heading for the bankruptcy court, but thousands

[smalldog]

hey if we lose Im getting on the phone to taxaid, buy myself a hundred cats and fill my flat with random pieces of wood and shopping trolleys.

[poppy01]

hey if we lose Im getting on the phone to taxaid, buy myself a hundred cats and fill my flat with random pieces of wood and shopping trolleys.

Joking aside, I've been on strong anti-depressants since April last year, my marriage has been on the verge of breakdown, I can't sleep, and am only just functioning. I believe I also now have a drink problem (sounds like the support group again).

If I didn't have mental health problems before BN66, I do now

[KiwiGuy]

Joking aside, I've been on strong anti-depressants since April last year, my marriage has been on the verge of breakdown, I can't sleep, and am only just functioning. I believe I also now have a drink problem (sounds like the support group again).

If I didn't have mental health problems before BN66, I do now

at least you wont be in the gutter alone, we will all be there with you, pass the bottle in the brown paper bag please