BN66 - Time to fight back (Chapter 3)

[Toocan]

if the JR is rejected is it game over for us, or can we then pin our hopes on the echr

Should our JR be rejected then there could be an applicaiton to the ECHR.

There is also another basis for a JR that Montpelier can use

There are then several arguments that can be put forward to the commissionaires both those in the JR and others.

There is a long way to go....

[ASB]

It makes you wonder whether BN66 was just a PR exercise to scare other contractors off using the schemes. In that respect, it has probably worked and the tax planners must have lost a ton of business.

Even if we eventually win, I can't see schemes ever being as popular again.

Of course, it's a hollow victory for the Govt since, as far as I can tell, everyone has just gone back to running a ltd Co and flouting ir35 the conventional way.

Yep. That's a large part of it. Irrespective of where it ends up I think you can safely assume that the normal "little guy" will be much more wary of signing up for anything.

Much the same way as IR35. Yes, there have been very few actual losses - but that's not the point. How many people have gone the umbrella route - obviously loads, look at the proliferation of them over the last decade. How many people have just paid up? An awful lot. But you'll never get accurate representative numbers, because the sort of people who have piad up just did it, don't tend to be necessarily the sort of people who might post here or join the PCG.

[BrilloPad]

totally, ive gone back to LTD so in some ways they've done me a favour by bringing in BN66..!!!

WHS

[DonkeyRhubarb]

JR oral hearings

This is the latest we have.

PwC JR oral hearing
3rd June
No further details at the moment but they are up before us. We hope to get someone to attend and report back.

Montp JR oral hearing
16th June
Court listing - CO10012 - Huitson vs. HM Revenue & Customs

You can check court listings, in the late afternoonon, on the day before:
http://www.hmcourts-service.gov.uk/cms/list_admin.htm

[KiwiGuy]

This is the latest we have.

PwC JR oral hearing
3rd June
No further details at the moment but they are up before us. We hope to get someone to attend and report back.

Montp JR oral hearing
16th June
Court listing - CO10012 - Huitson vs. HM Revenue & Customs

You can check court listings, in the late afternoonon, on the day before:
http://www.hmcourts-service.gov.uk/cms/list_admin.htm

cheers for the update

[smalldog]

does anyone happen to know if the finance bill working its way through has any amendments or has there been any recent debate in the commons related to BN66? Be curious to know if all these interested MP's have discussed this in the commons....

[orientalist]

does anyone happen to know if the finance bill working its way through has any amendments or has there been any recent debate in the commons related to BN66? Be curious to know if all these interested MP's have discussed this in the commons....

You can track it here, and see all the ammendments:
http://services.parliament.uk/bills/

Going to search the site to find any discussions on BN66 - will let you know

[orientalist]

Found this from March 2008 comittee meeting

Q244 Mr Breed: There is indication here from Mr Whiting's notes to us that a measure, BN66, has been introduced which will have a retrospective effect back to 1987. This is in his view unacceptable and I think will be unacceptable to most of us.

Mr Troup: That was the anti-avoidance measure which I referred to. It related to the Isle of Man double tax treaty. In 1987, under the previous administration, the meaning of that treaty was clarified retrospectively at that time to make it clear that individuals in the UK who operated through partnerships in the Isle of Man but generated income in the UK could not avoid tax.


Q245 Mr Breed: But the thrust of what he is saying is correct, is it?

Mr Troup: It is correct because what happened was that, following the introduction of the disclosure rules in 2004, it was disclosed that a number of individuals, particularly in the property industry, had been taking a different interpretation from that which had been announced in 1987 and were continuing, without any active presence in the Isle of Man and only having income in the UK, to be claiming that 99% of their income was effectively covered by the Isle of Man double tax treaty. The action that has been announced here is retrospective. It confirms what was set out quite clearly in 1987 and what was intended by the Isle of Man treaty when it was entered into. I do not think that members of the Committee would have any difficulty in agreeing that the particular circumstances it applied to were out-and-out tax avoidance.

[SLB]

This is the latest we have.

PwC JR oral hearing
3rd June
No further details at the moment but they are up before us. We hope to get someone to attend and report back.

Montp JR oral hearing
16th June
Court listing - CO10012 - Huitson vs. HM Revenue & Customs

You can check court listings, in the late afternoonon, on the day before:
http://www.hmcourts-service.gov.uk/cms/list_admin.htm

Thanks for the update DR!

Do you know how it takes for the judge to give his/her decision?

[DonkeyRhubarb]

Thanks for the update DR!

Do you know how it takes for the judge to give his/her decision?

No but, like eveything in the legal system, I expect the wheels turn slowly!