BN66 - Time to fight back (Chapter 3)

[TheBarCapBoyz]

One thing to bear in mind though is that montpelier do not seem to want any help!

In which case why are people writing to MPs? All I'm saying is if it's worth involving MPs (I am dubious myself), then it could be argued that it's worth involving the organisation that purports to represent us.

[Douglas]

Pcg

I am a member of the PCG - as I am now limited. Is anyone else here a member?

I am trying to find if there is anything they can/will do to help us. After all - if IR35 was retrospectively clarified back to 1999 it would be bad!

One thing to bear in mind though is that montpelier do not seem to want any help! Either from us or pcg. They seem to rely on their own legal team.

The PCG have stated it is wrong - can they do anything else?

Yes I joined the PCG for the insurance after returning to a limited company. I trawled their website for references to offshore tax avoidance after joining but could only find the "serves em right" statement. I don't think they will help us as they are working too closely with government.

However I would say that its unfair to call them useless as their lobbying for consultation is probably helping to delay the income shifting rules deferred again in this week's PBR.

[TheBarCapBoyz]

I have long since held the view that the PCG's lobbying counts for jack sh@it. Lets face it, the reason the income shifting legislation has been deferred is the Government already has too much on its plate trying to deal with the economic crisis to be bothered with irrelevancies like income shifting. Now that they're borrowing an extra £30bn to try and kick start the economy, the five bob and a pickled egg they stand to make from income shifting suddenly becomes more trouble than it's worth.


I think "serves em right" just about sums up these HMRC apologists' attitude these days. Can't be arsed sunshine. Sorry old chum. You don't fit in with our cosy view of what constitutes a "real" contractor, running a "real" business. On yer bike mate.

As for the insurance, not worth the paper its written on. Anyone ever heard of the PCG paying out on this insurance? No? Didn't think so.

they are working too closely with government.


I think that about sums it up.

Get PCG to take up our case? Yeah right. Might as well ask HMRC to take up our case.

[poppy01]

1984

"If the Party could thrust its hand into the past and say this or that even, it never happened—that, surely, was more terrifying than mere torture and death."

"And if all others accepted the lie which the Party imposed—if all records told the same tale—then the lie passed into history and became truth. 'Who controls the past' ran the Party slogan, 'controls the future: who controls the present controls the past.'"

"Day by day and almost minute by minute the past was brought up to date. In this way every prediction made by the Party could be shown by documentary evidence to have been correct; nor was any item of news, or any expression of opinion, which conflicted with the needs of the moment, ever allowed to remain on record. All history was a palimpsest, scraped clean and reinscribed exactly as often as was necessary."

George Orwell - 1984

[max]

As for the insurance, not worth the paper its written on. Anyone ever heard of the PCG paying out on this insurance? No? Didn't think so.

The insurance cover costs defending investigations, which there has been many, all covered, for those with the insurance.

Last I heard, there was quite a war chest to fight stuff. But you are correct, they are unlikely to use it in this situation.

[TheBarCapBoyz]

i thought your PCG membership covered you for legal costs, and the insurance was that they would pay your tax if you lost.

Well maybe thats not right, I haven't been a member for ages.

[gooner]

Notice Received

a couple of days ago I received a notic from the HMRC.

section 9ATMA 1970 Notice

basically stating that they have seen that i claimed under the DTA agreement and suggest that i resubmit my tax for yr 2006/7 .. they want a reply with details of the agreement and account from my MP partnership.

i'm in the process of forwarding the letter to MP after calling them about it, i have not really being paying much attention to proceeeding since i tulipfted back to ltd last year. but it looks likethey have caught up with me :-(

anyone else had the same letter? did MP deal with it on your behalf?

this is the first time i have started to get really worried ... what with all the economic doom and gloom .. ..

[TheGadgetMan]

Leading QC

I've only just realised that another father at my daughters school is a leading QC (we're on nodding terms and have the occasional chat at school events, but our wives are good friends) ...

and not only that...

his specialty area is the Human Rights Act...

and not only that...

he also specialises in EU Law...

and not only that...

he also specialises in Judicial Reviews and has appeared before the HoL many times...

its quite unbelievable how many of the right boxes this guy ticks....

he is a leading light in the legal world and VERY highly thought of in the profession...

It makes me think if he is on our side and is advising MP...if he isnt, then it makes me wonder whether he should be...

in itself, the above information is pretty useless...BUT am I missing a trick here...?

[Ratican]

Digging

I've only just realised that another father at my daughters school is a leading QC (we're on nodding terms and have the occasional chat at school events, but our wives are good friends) ...

and not only that...

his specialty area is the Human Rights Act...

and not only that...

he also specialises in EU Law...

and not only that...

he also specialises in Judicial Reviews and has appeared before the HoL many times...

its quite unbelievable how many of the right boxes this guy ticks....

he is a leading light in the legal world and VERY highly thought of in the profession...

It makes me think if he is on our side and is advising MP...if he isnt, then it makes me wonder whether he should be...

in itself, the above information is pretty useless...BUT am I missing a trick here...?

Why not speak to him and do some digging? Ask what he thinks about the whole situation... likely outcomes, etc.

[SantaClaus]

I've only just realised that another father at my daughters school is a leading QC (we're on nodding terms and have the occasional chat at school events, but our wives are good friends) ...

and not only that...

his specialty area is the Human Rights Act...

and not only that...

he also specialises in EU Law...

and not only that...

he also specialises in Judicial Reviews and has appeared before the HoL many times...

its quite unbelievable how many of the right boxes this guy ticks....

he is a leading light in the legal world and VERY highly thought of in the profession...

It makes me think if he is on our side and is advising MP...if he isnt, then it makes me wonder whether he should be...

in itself, the above information is pretty useless...BUT am I missing a trick here...?

Invite him round for dinner! Get him plastered and then do some digging

Seriously though Gadget, you have just found an incredible contact. I would definitely ask him about our chances.

I wonder if he has any judges as friends? Maybe a quick freemason's handshake, nod and a wink could help our case run more favourably.

P.S. I know it goes without saying, but just in case, dont post anything he says that could help HMRC or lead them to discover Montpelier's defense. Thanks.