BN66 - Time to fight back (Chapter 3)

[Mr MBee]

MP say :-

Many thanks for trying to take the load off us. But you did yourself and others no favours!

HMRC have an enquiry window it starts the day you submit the Tax Return until 31 January of the year following so 2005/06 enquiry window starts 31/1/07 - 31/1/08. If you submit your Tax Return in say August 2006 for the 2005/06 tax year you are giving HMRC 6 extra months to pry. That is why MTM had a policy of submitting Tax Returns on the last day!

They had already opened enquiry the previous year, but my point is that if you give HMRC opportunity to calculate your tax liability and they fail to include tax that they now say is due on DTA part how can they charge interest.

They say that if you send in your return by September 30th they will calculate tax due. If they thought tax was due on the DTA part then they should have calculated it on my return and told me to pay it following January

[KiwiGuy]

wow

wow how busy has this thread been, thanks to your responses earlier, i have no plan of running, ive been here for 12 years and feel the UK is home. Its funny though ive never hated someone as much as i do as i do Mr B.

I ran a ltd company for 8 years, building up my business, running 2 websites, with over 120K users, 15K+ in advertising a year, Still the IR took me to court over IR35. Wasted 2 1/2 years of my Life and my money fighting it, for them to drop the case as soon as the Lawyers said enough is enough and we were going to sue for expenses.

THIS IS THE REASON I MOVED TO MontP, too much stress involved in trying to build a business here. So not only did the govt lost a business doing well and i could have moved onto bigger things, but now they have to fight for money on this scheme. Now if we all put our hands up who would have stayed with LTD if IR35 hadnt been introduced, and work out the declared income they are missing out of (at least its visable).... just gets me so angry!!!

Im here for the long fight, hopefully it doesnt end with me and my family (2nd child due in dec) on the streets, mind you i might just move into one of the MP's 2nd homes......

Anyway i give a big to montpeilers team fighting the case, i personally am going to send em case of beers when they win.



Any o

[poppy01]

This thread has been viewed 10,000 times in the last 7 days!!!

and 3500 since then , thats a lot of hits.

can we start advertising on here?

[BrilloPad]

Wow, what is that?

You havent been sectioned have you Brillo?

You did complain yesterday that you hadnt received anything!

You know perfectly well I was sectioned the day I joined clientco!

Good to see HMRC are still reading this thread and listen to us - could I make another request of them do you think? Are you thinking what I am thinking?

[BrilloPad]

I joined MP in 2003/04, first return submitted January 2005, limit of enquiry opening available to HMRC was January 2006. I received a Section 9A TMA 1970 Notice for 2003/04 in November 2005 advising of their intention to open an enquiry. Apparently, all HMRC have to do to "keep the enquiry open" is to send you a letter once a year.

Personally, I feel that their performance of this requirement is questionable. Firstly, the only letter I received during the following 12 months was a Section 9A TMA 1970 Notice for 2004/05 in November 2006. Admittedly this notice referred to the previous enquiry as being ongoing. This is the first time I was notified that an enquiry HAD BEEN STARTED. The Section 9A TMA 1970 Notices state only that an enquiry WILL BE STARTED. The quote from Ratican infers that the enquiry has to have started within the 12 month period.

This process was repeated in November of 2007. Secondly, during this period HMRC did not ask me a single question relating to my SA return. There is no evidence of them having actually done anything - unless nothing is now something.

A few weeks ago there was a suggestion on this thread that we should respond by tying up HMRC with questions. Here might be a valid question that could provide revealing insight:

Dear Hector

Re: Tax Year 2003/04

I refer to your Section 9A TMA 1970 Notice dated November 2005. You have not sought to appraise me of the status of your enquiries or that the matter is closed. I believe that during this period you have done little to close the matter. Please provide a detailed chronology of the efforts taken by HMRC to agree closure for the above year.

I look forward to your response within your committed response period.

Yours sincerely

A question for the thread. Are we entitled to see a copy of the HMRC files held on us? I'm sure they would charge but my god it would tie them up. If we are entitled to see our files then that is the request that should be made as an amendment to the above draft.

Thoughts?

I have forwarded onto montpelier - I would love to know the answer on the data held on us. that would be a killer for them. I expect the answer on the closing of the enquiry is we cant close it. Even if techically wrong they would just introduce retrospective legistlation etcetc.

[BrilloPad]

and 3500 since then , thats a lot of hits.

can we start advertising on here?

I think Admin already has! They are very please by the increase in hits - almost makes it worthwhile the aggro of the police being involved!

I do wonder how many views are just admin watching our posts!

BP
PS are you sober now? next ime you are going to drink you should ask admin to ban you for 24 hours first!

[Toocan]

BNP List of Members

Did anyone notice this:

http://www.theregister.co.uk/2008/11...mbers_trouble/

I wonder how many HMRC employees are on this list?

[kiwinlondon]

Did anyone notice this:

http://www.theregister.co.uk/2008/11...mbers_trouble/

I wonder how many HMRC employees are on this list?

Better still could we get some names added to the list

[SantaClaus]

You know perfectly well I was sectioned the day I joined clientco!

Good to see HMRC are still reading this thread and listen to us - could I make another request of them do you think? Are you thinking what I am thinking?

Does it involve their demands for money and a backside by any chance?

[BrilloPad]

Does it involve their demands for money and a backside by any chance?

I thought you didn't want any more images like that!