BN66 - Time to fight back (Chapter 3)

[poppy01]

I have just heard that a QC representing another promoter was incredulous when he learned that our JR had been refused.

I am beginning to suspect the Judge must have been got at.

I can believe anything from Zanu-Labour. If members of the House of Lords are willing to change legislation for cash, why not a judge... there seem to be no limits any more. Does anyone else think this is getting personal? Maybe we'll all be subject to dawn raids and carted off to isolated dungeons underground, never to be heard of again..

[elpinar]

is there any way the other people who joined wiht Mont p can now launch their own JR with differnt arguments? or is there only one crack of the whiop allowed?

if a second bite from a different source is allowed can we find out who the contact is and give them the new info for a new JR with different details?

[seadog]

Panorama

Lets be quite clear about tax planning, tax avoidance and tax evasion.The Panorama programme was about tax evasion which we all agree is illegal.

HMRC, the media and most MP's seem to lump together all schemes which reduce tax and label it cheating other tax payers.

Legitmate tax planning or as HMRC call it tax avoidance is not illegal. HMRC called the Padmore case and the Arctic case tax avoidance but when they took the case to court they were both found to be perfectly lawful tax planning arrangements.

As has been said many times before on this forum we are all entiltled to make whatever tax planning arrangement we like so long as they are lawful.

Our argument is not that the tax laws have been changed to stop the use of our scheme but that it has been made retrospective.

Hopefully in spite of the initial knock back on the JR we will get our day in court and that justice will prevail and the retrospective law introduced by the Govermnent will be found to be contrary to the HRA.

[poppy01]

Hopefully in spite of the initial knock back on the JR we will get our day in court and that justice will prevail and the retrospective law introduced by the Govermnent will be found to be contrary to the HRA.

It's quite obvious HMRC dont want this going anywhere near a court of law of any kind. We all know why....

[seadog]

is there any way the other people who joined wiht Mont p can now launch their own JR with differnt arguments? or is there only one crack of the whiop allowed?

if a second bite from a different source is allowed can we find out who the contact is and give them the new info for a new JR with different details?

A JR must be made within 3 months from the date which you are making your objection. In our case this was 3 months from the passing of the 2008 Finance act.

Another provider is taking a case to ECHR and this allows 6 months form the passing of the Finance Asct which was 23rd Jan 09. We understand the application has now been made and that will take its own course quite separate from Mont P's JR oral hearing.

Rememebr the Arctic case it went to 2 court hearings before finally ending up in the House of Lords when HMRC lost their case.

[ContractIn]

I have just heard that a QC representing another promoter was incredulous when he learned that our JR had been refused.

I am beginning to suspect the Judge must have been got at.

That was my first reaction when I read the letter that the judge had been tapped up, or that the JR submission was very poorly prepared.

[PurpleTurtle]

Looking on the positive side, the powers that be could have conspired to refuse the Montp JR application, in the knowledge that there is a separate action going direct to the ECHR.

There would be egg on face all round HMRC towers if a UK Court ruled against us, only to be overruled by Europe. I mean, once is bad enough, a second time in the space of a year is embarrassing.

[DonkeyRhubarb]

Message to all the lurkers

Judging by the number of requests I've had for the letter, the recent circular from MontP has been a wakeup call for many of us.

Of course, our best chance still lies with the courts but that does not stop us doing something for ourselves.

Can you imagine the effect it will have if a few hundred letters descend on Parliament saying that an Act they have passed is going to bankrupt people?

The letter is nothing special but it does get to the point in just a few sentences. I have written before pointing out that this will ruin hundreds of people but this does not have the same impact as hundreds of letters.

Please keep sending me your requests to the email address below.

Thanks
DR

[TykeMerc]

DR I'm more than happy to write to my MP as a "party concerned that my working practices might come under similar attack in future".
As I've said in the past I narrowly avoided signing up with MontP so I'm not affected by BN66 directly, but I do feel strongly that it's fundamentally wrong to inflict retrospective taxation on people.

If you have a suitable letter template I will send it off.

[BrilloPad]

Hi guys

A BN66 newbie here. I've been lurking here on and off, and decided to join this excellent and informative forum. More power to us.

Apologies for a no-doubt easy question, but I've looked without finding an answer.

I'm aware that one can make payments by purchasing CTDs from HMRC to stop further accrual of interest on a potential tax liability, whilst being able to get the money back if need be.

HMRC web site states "You can use your Certificate of Tax Deposit to pay any tax liability you may have, provided it is listed in the Schedule that is current on the day you purchase the Certificate".

What does this mean? Do I need to specify the "Schedule" (whatever that is) when purchasing the CTD? Or do I just send them the cash, and await the CTD in the post?


Great forum, keep up the good work, and I hope I'll be able to contribute in the future.

Phil

Welcome to the forum and thanks for de-lurking

Your post got pushed back as your first 10 posts have to be moderated.

I have fluffed your post : I am fairly sure the schedule is an HMRC thing : can anyone who has a CTD please confirm?

I still dont have the cash for a CTD.......