BN66 - Time to fight back (Chapter 3)

[DonkeyRhubarb]

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 .. ..

Hi and welcome to the discussion. (Btw, I hope you are no relation to a troll we used to get on here called Gooner99.)

This is just the standard enquiry notice, which we have all received for each year in the scheme. Nothing unusual about it. In fact, given that the scheme registration number would have been on your tax return, it would be more if you didn't get one.

If you forward it on to MP they will deal with it.

Cheers
DR

[DonkeyRhubarb]

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

I agree, it can't do any harm to mention our situation. Although you have to be careful not to apear like you are fishing for free legal opinion.

Chambers is probably a small world and he may already be aware of the case and know who MP are using.

[ManureCreek]

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.

With all the stress of all this mess and double taxation argy bargy, I can safely say that this is one of the best posts I have read!!

Like your style BarCapBoyz, I swear you made me actually laugh out loud. Im actually at a client site with one of your 'competitors'. But I swear if I was at Barcap, I reckon I would be laughing all day long!

Good one!

[Fog]

Process

Hi there - can someone help me? My other half is asking me some good questions about the next steps and what happens (we are keen to understand what we can - whilst recognising MP are doing a good job - we don't want to bombard them with piles of qs). So here is my current list....

What is the legal process?
What happens after JR?
After JR is Mp are unsuccessful (which I doubt but worst case) - how long have MP got to appeal, is there any risk that they won't appeal and where will they go from there (which courts) and what do they/we have to do?
At what point would MP withdraw? Is there a cost limit on the effort they intend to put in?
Why are they claiming it is clarifciation (i.e. why is it not a change? - seems clear cut to me!)
Are we any closer to getting the JR date? Why does it keep delaying???
Obviously I would like to undertsand MP's case better - but I appreciate trolls are lurking.....

I can see some answers to the questions in this excellent thread (please keep up the excellent work - it is saving my sanity!) but not sure I am clear on them all.....

Thx Fog

[Toocan]

ZANU-Labour

Gordon Brown and his ZANU-Labour party appear to be determined to dismantle our democracy piece by piece. In addition to the retrospective attack on thousands of hard working family’s that have used the Montpellier scheme, the near annihilation of the British economy, the replacement of British fair play with woolly laws that change to suit fist-pounding-gordon’s mood, NOW they are raiding our elected representatives offices. Even though those offices are within the legally privileged palace of Westminster.

http://www.timesonline.co.uk/tol/com...cle5254217.ece

By the way, did you know that Greedy gordon’s father’s middle name was Ebenezer. Happy Christmas.

[Toocan]

No 10 announces the death of New Labour

"She died so young..."

http://www.thesun.co.uk/sol/homepage...cle1971902.ece

[DonkeyRhubarb]

Hi there - can someone help me? My other half is asking me some good questions about the next steps and what happens (we are keen to understand what we can - whilst recognising MP are doing a good job - we don't want to bombard them with piles of qs). So here is my current list....
Thx Fog

I don't think anyone here can answer all your questions but I'll have a go.

What is the legal process?
As you know, MP have applied for a JR in the High Court. This is on behalf of one client they have selected as a test case. The JR will be principally fought on the human rights issue but may include other technical grounds.
MP are appealing closure notices. At this stage it's not clear if HMRC will take a test case to the Special Commissioners, or await the outcome of the JR.

What happens after JR?
I don't think anyone knows. It will depend on the Judge's ruling.

After JR is Mp are unsuccessful (which I doubt but worst case) - how long have MP got to appeal, is there any risk that they won't appeal and where will they go from there (which courts) and what do they/we have to do?
My understanding is that MP would have to seek right of appeal but this may not be granted.

At what point would MP withdraw? Is there a cost limit on the effort they intend to put in?
MP committed to take it as far as the House of Lords but as we don't know what could happen after the JR, so we are a bit in unchartered territory here.

Why are they claiming it is clarifciation (i.e. why is it not a change? - seems clear cut to me!)
This will be one of the key arguments in the JR. HMRC are still maintaining that the scheme never worked, and they only introduced legislation to "avoid fruitless litigation". In my view, this is a very risky strategy - the court may take a very dim view of HMRC trying to bypass the legal system.

Are we any closer to getting the JR date? Why does it keep delaying???
It has not been delayed. The courts are very busy and it takes time to get an appointed date. We know that HMRC have been served notice, and a recent letter from the Stephen Timms Financial Secretary to the Treasury also confirmed the Government is aware of it. The current estimation is Feb 2009 but hopefully we will know the exact date before the end of the year. MP have no influence over this so we just have to be patient.

[BrilloPad]

In addition to writing to MPs and so on, why not get the PCG to take up our case?


I mean, their raison d'etre is to represent contractors, right?

They're bound to help us.

Sorry, but the PCG are a spineless bunch of twats.


Yes I agree Santa, my question about suggesting the PCG are useless was rhetorical.

I agree, they have become a bunch of self-righteous Government lackeys.

Which is a shame, as they did represent us all pretty well during the IR35 fight.

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.

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.

I know there are 3/4 of you - but for different posters/views might be worth seperate logins?

I have been on holiday for a few days so sorry for slow response.

I think that, though montp dont seem to want help, enlisting mps and pcg can do no harm!

Obviously mps hands are tied - they vote along party lines - but that does not mean we should not try to get them to influence.

As for the pcg - I think they have done alot of good. I doubt there are many montp members in the pcg (but I can ask on forum and see). If I put up a thread asking for support I will get alot of flak(I dont care) - but if there are a few who are affected by reptospection and/or a feeling others may be affected by retrospection - then they might be able to do something.

Question is - what is it we want them to do? lobby against retrospective tax? I dont think that asking for specific help on the montp scheme will help - it will just lead to (well deserved) abuse.

BP

[malvolio]

With all the stress of all this mess and double taxation argy bargy, I can safely say that this is one of the best posts I have read!!

Like your style BarCapBoyz, I swear you made me actually laugh out loud. Im actually at a client site with one of your 'competitors'. But I swear if I was at Barcap, I reckon I would be laughing all day long!

Good one!

Pity he's totally wrong though, isn't it? Still, let's not let facts get in the way. Ta ta.

[NotAllThere]

Pity he's totally wrong though, isn't it? Still, let's not let facts get in the way. Ta ta.

Don't you hate it when these occasional posters start butting into conversations they don't understand?