BN66 - Time to fight back (Chapter 3)

[SantaClaus]

Thanks Emigre & DR for giving us feedback! I too can't believe that PWC made such an elementary mistake. Hope Montpelier are more organised.

Still, it's good news that this was just a technicality and as was said previously HMRC want to keep this away from a real court and try us in their kangaroo court (special commissioners), which hopefully they wont be able to do.

[orientalist]

In other words he would have granted the application were he able to, and rather hopes the court of appeal will.

All in all quite a positive day

On another note a friend of mine has just settled with the Debt Management Team of HMRC. He hadn't submitted returns for SA for a number of years, including some spent with MontP. Court order to do so, he did, declared the scheme fully, all SA's were accepted as is and he paid up what was owed.

He has a letter ackowledging his final position and liabilities. Wants to remain anon as he doesn't want to invite further scrutiny, but ready to fight all the way.

[Emigre]

Thanks Emigre and DR for attending and providing the updates.

I can see the positives going forward, but have some concerns:

Does HMRC see this as they have won R2?
Will MTM get the same judge on the 16th?
Did MTM get the application in in time?
What are the chances that HMRC get this through the Commissioners tribunal route?

If I were PWC client I would be livid!

Yes, HMRC did have some smiles on their faces and were happy to talk about a costs decision! However, they won this on a technicality that as far as we know related to their client only. Let's be honest they haven't had many wins lately, we can be gracious and give them this one as long as we win ours.

We don't know who the judge is on 16th. This hearing took a total of 3 1/2 hours - it would be sensible to have the same judge who I felt made the only decisions he could make.

Don't know about MTM's applications date. To some extent it doesn't matter because Huitson has received Closure Notices so we can challenge on those grounds, or both.

I think there is no doubt that some element of this will head toward the Commissioners - it may be one of the cases goes that route while others go in different directions. It seems that HMRC are looking to drag this out.

Any more Q's I'll address tomorrow - its very dry in Court although the judge did play a blinder with a comment about claiming expenses for cleaning moats!

[lucozade]

Thanks

Just want to add my thanks to DR and the rest for attending. It's much appreciated.

[SantaClaus]

Any more Q's I'll address tomorrow - its very dry in Court although the judge did play a blinder with a comment about claiming expenses for cleaning moats!

Love it

[srhcompcon]

Thanks for all efforts

Thanks guys. I have been sleeping but with MP from the start (and still am!)

[Fog]

All in all quite a positive day

On another note a friend of mine has just settled with the Debt Management Team of HMRC. He hadn't submitted returns for SA for a number of years, including some spent with MontP. Court order to do so, he did, declared the scheme fully, all SA's were accepted as is and he paid up what was owed.

He has a letter ackowledging his final position and liabilities. Wants to remain anon as he doesn't want to invite further scrutiny, but ready to fight all the way.

This is a huge impact for us though..... if they have settled with one.....

[srhcompcon]

This is a huge impact for us though..... if they have settled with one.....

When you say he has settled do you mean the same tax we have paid up to this point or the whole lot?

[Retro]

Negotiated Settlement

This is a huge impact for us though..... if they have settled with one.....

A huge impact indeed.
I would consider a negotiated settlement, I don't like the idea of HMRC coming out with nothing after many years of effort!!!
Has anybody had a real discussion with HMRC about the possibilities of negotiation?

[Lazylobster]

Great stuff guy's. I'm happy with this outcome at this time.

Roll on the 16th

Thanks to all for the progress updates.

LL