BN66 - Time to fight back (Chapter 3)

[DonkeyRhubarb]

This is basically the second part of HMRC's defense

Unfortunately, there is an obvious contradiction in their second line of defence. If it was clear back in 1987 that the legislation applied to a life tennant of a trust, then why was it necessary to introduce retroactive legislation in 2008? There are only 2 permutations:

a) It was clear; new legislation wasn't necessary.
b) It wasn't clear; new legislation was necessary.

HMRC seem to suggesting that there is a third way:

c) It was clear; (but) new legislation was necessary.

No court is going to buy that, so the answer can only be (b).

[Lazylobster]

Just got a SA with a rather large sum contained within. Ho ho ho, merry Christmas !!!! You've gotta love HMCE's sense of comic timing.

But, I've not received a closure notice ? So, do the usual and mail off to Montp ?

LL

[BrilloPad]

Just got a SA with a rather large sum contained within. Ho ho ho, merry Christmas !!!! You've gotta love HMCE's sense of comic timing.

But, I've not received a closure notice ? So, do the usual and mail off to Montp ?

LL

HMRC are really bad on the CNs. head office should really pull their socks up.

As you say, mail off to NW/TQ.....

[warlord]

Just got mt CN's Saturday

Hi All,

New to this forum.....

Saturday received my Xmas prescent from HRMC - 3 x CN's...nice just what I asked santa for....Not!......Lots of money for me 50K...no savings, doubt I could get a loan for that ammount these days.....add to the mortgage - doubt it too - lets hope MP win the case!
MP have been informed....std responce...

Strange - as yet MP have not made available to me my 2007/2008 SA. When I phoned MP in August they said I was in the mid 200's in the list and I should have it Oct/Nov - but hey I guess MP are very busy!

I too have a CN for an estimated 2007/2008, plus interest - this is very poor as for 2007/2008 I have been PAYE.....but HMRC said that until they get my SA...they cannot do anything.....Help!

[PlaneSailing]

Confused? You will be...

Hi All,

New to this forum.....

Saturday received my Xmas prescent from HRMC - 3 x CN's...nice just what I asked santa for....Not!......Lots of money for me 50K...no savings, doubt I could get a loan for that ammount these days.....add to the mortgage - doubt it too - lets hope MP win the case!
MP have been informed....std responce...

Strange - as yet MP have not made available to me my 2007/2008 SA. When I phoned MP in August they said I was in the mid 200's in the list and I should have it Oct/Nov - but hey I guess MP are very busy!

I too have a CN for an estimated 2007/2008, plus interest - this is very poor as for 2007/2008 I have been PAYE.....but HMRC said that until they get my SA...they cannot do anything.....Help!

Are HMRC trying to close an investigation before they even start one by
issuing 'estimates'? I don't recall being informed of any investigation
into my 2007-2008 SA return as I've not sent one in!

I'm in a very similar postion to you, in so much as I have no Montpelier
money from the 2007-2008 tax year so I'd be very interested in the response
MP give you.

[DonkeyRhubarb]

Hi All,

New to this forum.....

Saturday received my Xmas prescent from HRMC - 3 x CN's...nice just what I asked santa for....Not!......Lots of money for me 50K...no savings, doubt I could get a loan for that ammount these days.....add to the mortgage - doubt it too - lets hope MP win the case!
MP have been informed....std responce...

Strange - as yet MP have not made available to me my 2007/2008 SA. When I phoned MP in August they said I was in the mid 200's in the list and I should have it Oct/Nov - but hey I guess MP are very busy!

I too have a CN for an estimated 2007/2008, plus interest - this is very poor as for 2007/2008 I have been PAYE.....but HMRC said that until they get my SA...they cannot do anything.....Help!

Hi warlord, welcome to the discussion.

Sorry to hear about your unwanted xmas gift. I just checked my account on the Government Gateway and it's still showing nothing to pay, so I guess I won't be getting one this year. I feel so left out.

It really is pathetic that 5 months after the Finance Act became law they've only managed to get 1/3rd of the CNs out the door, not to mention all the cockups they've made. These idiots wouldn't last a day in a real job.

On the other hand, it is very reassuring to know that we are up against such incompetent adversaries.

[BrilloPad]

Hi All,

New to this forum.....

Saturday received my Xmas prescent from HRMC - 3 x CN's...nice just what I asked santa for....Not!......Lots of money for me 50K...no savings, doubt I could get a loan for that ammount these days.....add to the mortgage - doubt it too - lets hope MP win the case!
MP have been informed....std responce...

Strange - as yet MP have not made available to me my 2007/2008 SA. When I phoned MP in August they said I was in the mid 200's in the list and I should have it Oct/Nov - but hey I guess MP are very busy!

I too have a CN for an estimated 2007/2008, plus interest - this is very poor as for 2007/2008 I have been PAYE.....but HMRC said that until they get my SA...they cannot do anything.....Help!

welcome to the thread

montp have indeed been extremely busy : and the wording changed in Oct. But it should be with you very soon.

[Toocan]

HMRC find another way to get your cash

http://www.timesonline.co.uk/tol/mon...cle4086456.ece

[warlord]

new thinking!

Thanks for the replies:----

Thinking today, as HMRC can Retrospectively change my SA's - why can we not Retrospectively change ours aswell and increase the Expenses claims....MP ask us to keep expenses claims very low.....so now we need to increase them? Thoughts anyone?

Also - This point really gets me - The contract (My contract) between NMF Ltd and the third party Agency was outside of IR35, so why then do the HMRC think they can charge me the full tax allowance 40%? This risk/issue was never made clear to me when I signed up to MP....I wish I had kept my Ltd company going....

Hi All,

New to this forum.....

Saturday received my Xmas prescent from HRMC - 3 x CN's...nice just what I asked santa for....Not!......Lots of money for me 50K...no savings, doubt I could get a loan for that ammount these days.....add to the mortgage - doubt it too - lets hope MP win the case!
MP have been informed....std responce...

Strange - as yet MP have not made available to me my 2007/2008 SA. When I phoned MP in August they said I was in the mid 200's in the list and I should have it Oct/Nov - but hey I guess MP are very busy!

I too have a CN for an estimated 2007/2008, plus interest - this is very poor as for 2007/2008 I have been PAYE.....but HMRC said that until they get my SA...they cannot do anything.....Help!

[Toocan]

Can you hear the bells?

Thanks for the replies:----

Thinking today, as HMRC can Retrospectively change my SA's - why can we not Retrospectively change ours aswell and increase the Expenses claims....MP ask us to keep expenses claims very low.....so now we need to increase them? Thoughts anyone?

Also - This point really gets me - The contract (My contract) between NMF Ltd and the third party Agency was outside of IR35, so why then do the HMRC think they can charge me the full tax allowance 40%? This risk/issue was never made clear to me when I signed up to MP....I wish I had kept my Ltd company going....

Hi WarLord,

You can change your tax return if you believe it was wrong. I don’t think this is the time to change it though.

IR35 does not apply to the arrangement because you were self-employed. IR35 applies to Limited Companies.

Remember, just because HMRC send you a bill doesn’t mean that you are due the money. They get so many things wrong. HMRC (and HMT and the government) have broken so many of their own rules to get to this point.

HMRC have been very slow in sending out the closure notices – why do you think that is?

If I had to calculate and send out closure notices that I *knew* would have to be undone, I think I’d take my time about it too.

For now, follow Montpelier’s lead and sit tight. Forward HMRC communication to TQ/NW at Montpelier and let them deal with it. I still advise building up a war chest just in case – but that’s because I’m canny, not because I think I’ll need it.

There are so many faults and flaw in HMRC’s case that I believe they cannot win this. Their choice is simple: give way now and accept they are at fault, or waste a fortune going through a pointless legal process. I don’t think HMRC even realises that we have already paid the costs of defending this.

Oh well, c’est la vie. I have a message for you all (even you people who work at HMRC and monitor what we say here ). Come on now, sing along….

Have yourself a merry little Christmas,
Let your heart be light
From now on,
our troubles will be out of sight
Have yourself a merry little Christmas,
Make the Yule-tide gay,
From now on,
our troubles will be miles away.

(come on Mr B, join in - you'll enjoy it )

Here we are as in olden days,
happy golden days of yore.
Faithful friends who are dear to us
gather near to us once more.

Through the years we all will be together
If the Fates allow
Hang a shining star upon the highest bough.
And have yourself a merry little Christmas now.

Merry Christmas Everyone