BN66 - Time to fight back (Chapter 3)

[bombaycat]

My house has hardly any equity in it. I left the scheme in 2003 and tried a move to New Zealand. This was mostly prompted by IR35 and worries about Montpelier (I personally never felt at ease with it). We sold our old house just before the main property boom. After 18 months or so we came home to find most property beyond us. Scraped together a deposit and bought this place. At the time we took out a Northern Rock cash back, with which I hoped to pay any tax bill that might result from MP. Naturally over the many years since this has been frittered away (paid off other loans / credit cards with it). The property plus the early settlement penalty may yield about 25% of my MP bill, probably just enough for HMRC to think it worth bankrupting me.

I have an 18 year old son who just started uni. Since he is at an English (not Scottish) university he has to pay fees. We are trying our utmost to pay his way through without resorting to student loans (who wants to start their career saddled with 21k of debt) but if HMRC win that will all change. Another case of a 'fat cat' getting their come uppance. I have a wife who is a dedicated anaesthetic nurse, works all the hours god sends. She is out of her mind with worry about this situation now. Another 'fat cat'.....

Nice one Gordon, you're the best, saviour of the world.

Chin up poppy, you are not alone, there are a lot of us here, and I imagine that we are all a tenacious bunch.

Even though I won't be financially bankrupted, mainly because I don't have a partner or kids so have been able to build up savings, I've been scrimping and saving and desparately trying to get some money together for years now to build a better life after 20 years of working for big souless orgs manned by politically scheming managers who stab you in the back at every turn.

I'm not good at work politics, hence why I became a contractor in the first place - to honestly earn my money day on day and not be blackmailed every year with promises of non-existent bonuses because I was too busy doing the work and someone else did all the scheming to steal everyone else's bonuses. If we were to lose I won't have a hope of living a different life this side of retirement, so what will any of it have been for? I work very long hours in a very stressful industry (as I'm sure many of us do) - you don't do that for the love of it....I will not be financially bankrupt but I will be bankrupt of hope.

I still think we're going to win - we are basically cleverer than them, there are lots of us to find the detail out and come up with the best strategies to counter their underhand ways. And the main thing is that WE DID NOTHING ILLEGAL AT ANY POINT!!! IMHO

[BrilloPad]

WE DID NOTHING ILLEGAL AT ANY POINT!!! IMHO

Its the opinion of anyway who has not been bribed to think the other way. Plus a few saddos in the PCG (though as an organisation they broadly support us ).

[sgee]

more anecdotes

Thanks poppy01 for your anecdote, its good to hear from real people in much the same boat. I spent the last 5 years working into a position where I could start my own business and employ some other people without feeling that I would be jeopardising my family's position (2 kids (7 and 12), 1 wife) by having to remortgage the house and use the capital on the new business. So, instead I worked away and built up a position where I could give my business 6 months of startup capital (which is now all gone, but things are just getting underway, although still tight) without using the "easy money" in the house. So, now I am lucky enough to be breaking even and providing a few people with jobs, generally trying to be a productiove and responsibel member ofd society! Then the HMRC come along and add to an already stressful situation. The net result of this would probably be that I would have to close the business and go back to the world of city contracting. This would be a waste of all the effort put in to get it going and put several people out of work.

I can't see the point of this in terms of the wider world.. and yes I do feel victimised that we are subject to this unprecedented retrospectivity. Not only that but we were led up this path for so long. If HMRC had wanted to act responsibly why on earth didn't they challenge or "clarify" years ago!?

[Toocan]

You can find your MP and contact details using this link:

http://www.theyworkforyou.com/mp/

[phileds]

'retrospectivity is permissible where it concerns an anti avoidance tax provision and Parliament is concerned to re-assert its original intention'.

(NOTE - I am not legally trained, the following is my opinion and view based on chats with friends and contacts)

Talking to a legal friend, I gather retrospectivity, whilst not a desirable characteristic in UK law, is not in itself disallowed (but see my comment on the ECHR below). I also understand that the spin the Govt has played is that this is a clarification rather than a retrospective change in the law, a subtle and apparently moot difference (though I don't believe this to be a clarification for one second). I quite like this explanation : http://uk.encarta.msn.com/encycloped...gislation.html

The reason of course that retrospective changes are disliked is that they kill one's trust in the legal system; how can you assume you're on a sure legal footing if the govt can then change (or, ahem, 'clarify') laws, and do so retrospectively?

Another problem is the damage it will do to business confidence, if HMRC can get laws retrospectively "clarified".....all that back tax which could hit companies when they thought they were genuinely on solid ground.

The ECHR forbids retrospective laws, and AFAIK the ECHR holds primacy over UK law.

[Retro]

Say No To Retrospectivity

My first posting, so please let me introduce myself.

I worked through Montpelier for 4 years starting in 2002/2003 so I have a significant amount of money riding on the outcome of the double tax arrangement claims. HMRC are currently unable to issue closure notices for me as the figures that Montpelier have entered on my tax returns differ from the income figures from the trust accounts for each of the 4 years. I have forwarded the latest HMRC letter to Montpelier which asks them to explain the differences but I have not had the courtesy of a reply, or even an acknowledgment.

Rest assured that Montpelier will not have overlooked any material facts in their original application for a Judicial Review so the following verbal appeal has a very slim chance of success.

It is in Montpelier’s interest to maintain an optimistic stance since they continue to receive monies from existing clients.

I do believe, however, that they/we have a good chance of winning the case since, in the words of the Chartered Institute of Taxation, “retrospective taxation is fundamentally wrong as it damages certainty and confidence in the tax system”.

This is an excellent forum and I congratulate DR and other contributors for their work, I will post again if I can help in any way.

[HMRCAreCrooks]

Should we consider using this email service?

Toocan thanks for the link - it shows a "Send a message to <MP NAME>" link - how useful is this or should we simply ignore it and send via snail mail?

HMRCAreCrooks.

[DonkeyRhubarb]

Come on!

Does this describe your predicament?

...my family are facing financial ruin as a direct consequence of a recent Act of Parliament, namely Section 58 Finance Act 2008.

Then for godsake send the letter. Email me at the address shown below.

So far, I have only had 50 requests. There has got to be a lot more people out there affected by this.

[Emigre]

Just do it

Does this describe your predicament?



Then for godsake send the letter. Email me at the address shown below.

So far, I have only had 50 requests. There has got to be a lot more people out there affected by this.

Why does everyone bother to stay up to date on this thread unless you are directly impacted by this pernicious legislation? This is your chance to do something about it. Your chance to do one thing, with no risk attached (they already know who you are), to help yourself. Your chance to help other victims. One letter on its own is likely to be filed in the circular cabinet. A continuing flow of letters across Parliament and Government will raise awareness and will make a difference.

DR will provide the draft letter, Toucan provided the link to find out who to send it to, this will take no more than a few minutes and could save you thousands of pounds. I don't care what rate you are on, that looks like a good rate of return to me.

Don't put it off till tomorrow, or until DR says 100 people have done it, be one of the next 50 yourself.

Rant over

[NO TO RETRO]

Letter Sent

Why does everyone bother to stay up to date on this thread unless you are directly impacted by this pernicious legislation? This is your chance to do something about it. Your chance to do one thing, with no risk attached (they already know who you are), to help yourself. Your chance to help other victims. One letter on its own is likely to be filed in the circular cabinet. A continuing flow of letters across Parliament and Government will raise awareness and will make a difference.

DR will provide the draft letter, Toucan provided the link to find out who to send it to, this will take no more than a few minutes and could save you thousands of pounds. I don't care what rate you are on, that looks like a good rate of return to me.

Don't put it off till tomorrow, or until DR says 100 people have done it, be one of the next 50 yourself.

Rant over

If we are keeping tabs on letters requested, perhaps we should also do so on letters sent. Here's a starter - 1 sent this morning.