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That is precisely why HMRC will NOT go to the comissioners with a single case they think they might potentially lose (they have to go to commissioners of course to get any contested judgement). The JR is out of their control, but if the retrospective element is upheld as potentially compatible HMRC will not put themselves in a position where they might actually lose. That way lies certainty, and they cannot allow that to happen.
Personally if I were affected I would do one of two things.
- A nominal settlement (say a fiver) to allow them to close the enquiry and save a bit of face.
- Insist on a special commissioners hearing as the alternative (with the techincal aspects of this I'd not go anywhere near the generals, because at the generals I believe HMRC would almost certainly win. At the specials almost certainly lose).
Having been in a similar position with a previous enquiry HMRC will only negotiate sensibly when they have a stark choice. Even if the JR is lost that doesn't mean the asessments have to be accepted.
OK, I'm happy to pay a fiver to close the whole thing.
No, wait!.... make it £4.50
'Orwell's 1984 was supposed to be a warning, not an instruction manual'. - Nick Pickles, director of Big Brother Watch.
I´ve been on hols this week and only just got access to a computer. Should have done it sooner but I just couldnt look at the forum, I had convinced myself the judiciary had been got at. So I am going though the emotions you all went though a few days ago. My wife cried when I told her. I know its not over but its a massive step. The ba**ds will finally have to stand up in a court of law and explain themselves. somebody earlier said he thought people would lose their jobs over this. If they lied to treasury ministers it wouldnt surprise me, and I honestly hope careers are ruined, starting with you know who. Vindictive, yes. Bitter and twisted, yes, but I dont care. I want them to feel some of the pain we´ve felt. My schadenfreude meter is off the chart right now.... Congratulations to us all and DR in particular. All that is required for the trumph of evil is that good men do nothing. DR has proved we can do something. thank you
I´ve been on hols this week and only just got access to a computer. Should have done it sooner but I just couldnt look at the forum, I had convinced myself the judiciary had been got at. So I am going though the emotions you all went though a few days ago. My wife cried when I told her. I know its not over but its a massive step. The ba**ds will finally have to stand up in a court of law and explain themselves. somebody earlier said he thought people would lose their jobs over this. If they lied to treasury ministers it wouldnt surprise me, and I honestly hope careers are ruined, starting with you know who. Vindictive, yes. Bitter and twisted, yes, but I dont care. I want them to feel some of the pain we´ve felt. My schadenfreude meter is off the chart right now.... Congratulations to us all and DR in particular. All that is required for the trumph of evil is that good men do nothing. DR has proved we can do something. thank you
Glad to see you are in better spirits Poppy!
After our small victory last week, if I was Mr YouKnowWho (TM) , I would be very, very worried!
'Orwell's 1984 was supposed to be a warning, not an instruction manual'. - Nick Pickles, director of Big Brother Watch.
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