BN66 - Time to fight back (Chapter 3)

[AlbionRovers]

My thoughts exactly.

For me also, it's a win or a deal.

[Mr MBee]

About time I de-lurked

I was in MP scheme for 4 years and for two of those years I submitted my returns myself in the September rather than waiting for MP in the January (especially as my first year the return got in on the last day of January).
The revenue calculated my liability and I paid what they stated.

Can they charge me interest if they calculated the liability at the time and now they reckon I owe tax on DTA part ?

[loftedtag]

Time to de-lurk! My situation

Hi, firstly I must say thanks to everyone who has posted on this subject, this has been most informative and it's nice to feel I am not alone!

I was fairly late to start using MP in 2005 and HMRC seem all over the place with my tax returns, it appears that 05/06 is being handled by the Specials and 06/07 by my local office. In fact my local office sent me a letter saying if I resubmitted 06/07 all as payable they would close 05/06. Of course I ignored that because as most govt departments no one talks to each other. I wonder what the specials would have said!

The latest is I have had the request for the partneship accounts with a 40 day deadline and for once HRMC actually copied in MP, they always seem to delibrately ignore the fact I have nominated them as agent/advisor or whatever. This is still on going.

I have not bought any CTDs and have some of the money, nowhere near all. Not sure what to do, I would like to go for an IVA but that will probably have a big effect on my marriage!

Lastly and I think someone has already posted this but I think it's worth mentioning again, as said above I entered the MP scheme late, I send my tax avoidance form to HMRC as requested by MP and got absolutely nothing back! It looks like HMRC were already investigating at this scheme at the time and never said a thing! Not very helpful at all! So if anyone from HMRC is reading this I blame you first!!!!

Thanks again to those regular contributors to this forum, it's been good to read.

[twinkle]

We know MP have consulted top-notch Tax and HR barristors but I suspect HMRC may be basing their current assertions on in-house opinion. And if that is the case, these could be the same "experts" who maintained for 5 years that they could win through litigation.

Personally, I wouldn't give much credence to anything HMRC say between now and the court case.

A friend of mine work for DEFRA and does a lot of legal work with their 'internal' law people / barristers. He says they are 2nd rate compared to the externalpeople they come up against in courts- this is all down to the pay and work ethos in government.

Hopefully HMRC employ the same quality people.

[Ratican]

A friend of mine work for DEFRA and does a lot of legal work with their 'internal' law people / barristers. He says they are 2nd rate compared to the externalpeople they come up against in courts- this is all down to the pay and work ethos in government.

Hopefully HMRC employ the same quality people.

It is going to be very funny to watch. I'm sure!

[Jean Grey]

My thoughts exactly.

For me also, it's a win or a deal.

For me it is simply a Win or No Deal situation. I've been in the scheme since 03. I got my first investigation letter 19th December 05, of course to the wrong address but still a fab chrissie present. Good will to all except contractors!

So I have carried on with the scheme because I truly believe in it and that once an arrangement which was deemed acceptable at the time is closed then that is it - No come back. To continue you go and arrange something else that is acceptable. That's what laws and guidelines are for, right?

I just didn't suspect that Gordon Brown was that hard up. Of course this means we should all just stop working and claim no income and go on benefits, , then we are never going to be in this situation again. Of course that is just in case he thinks of changing some other law retrospectively.

At the risk of identifying myself to HMRC, I live in another country and we have ludicrous tax rules which get back dated so I am used to this kind of behaviour. It is just a way to employ Hectorettes and keep the unemployment figures down.

[AlbionRovers]

Quite, but I'm reading your thread as we either win and pay nothing or you lose and still pay nothing? Pretty optimistic, good luck with that.

[sortednet]

Contributing to a pension

montp say :-
=======================
1st the consultancy fee from the partnership is NOT salary - they whole idea originally was to get away from IR35

2nd we have always said that IF we lose, no reason why we can't amend ITR's to include actual expenses as opposed to expenses which were capped to ensure a reasonable level of income was left taxable.

3rd - If it was our fault for the ITR being late we would have paid the fine.
============================================
I will plead with admin to get you upgraded so I can PM you!

If we lose, as well amending, can we also pay into a pension scheme and hence move the income tax we would be taxed on to a SIPP?

[BrilloPad]

About time I de-lurked

I was in MP scheme for 4 years and for two of those years I submitted my returns myself in the September rather than waiting for MP in the January (especially as my first year the return got in on the last day of January).
The revenue calculated my liability and I paid what they stated.

Can they charge me interest if they calculated the liability at the time and now they reckon I owe tax on DTA part ?

Many thanks for delurking

They can charge interest - but not compound or penalties. Do you have any savings? considered a CTD?

[BrilloPad]

Hi, firstly I must say thanks to everyone who has posted on this subject, this has been most informative and it's nice to feel I am not alone!

I was fairly late to start using MP in 2005 and HMRC seem all over the place with my tax returns, it appears that 05/06 is being handled by the Specials and 06/07 by my local office. In fact my local office sent me a letter saying if I resubmitted 06/07 all as payable they would close 05/06. Of course I ignored that because as most govt departments no one talks to each other. I wonder what the specials would have said!

The latest is I have had the request for the partneship accounts with a 40 day deadline and for once HRMC actually copied in MP, they always seem to delibrately ignore the fact I have nominated them as agent/advisor or whatever. This is still on going.

I have not bought any CTDs and have some of the money, nowhere near all. Not sure what to do, I would like to go for an IVA but that will probably have a big effect on my marriage!

Lastly and I think someone has already posted this but I think it's worth mentioning again, as said above I entered the MP scheme late, I send my tax avoidance form to HMRC as requested by MP and got absolutely nothing back! It looks like HMRC were already investigating at this scheme at the time and never said a thing! Not very helpful at all! So if anyone from HMRC is reading this I blame you first!!!!

Thanks again to those regular contributors to this forum, it's been good to read.

Thanks for delurking

I also came into the scheme late.

DR has some excellent posts on the behaviour of HMRC. They said they knew nothing of MP until 2004!