Section 58 FA 2008 - Support Group Forum
The following information is correct as of 24th June 2009
This is a forum for people affected by the legislation first announced in Budget Note 66 (BN66) in March 2008. The legislation was included in the 2008 Finance Bill as Clause 55, and subsequently enacted as Section 58.
The legislation attacks a number of schemes, including:
Montpelier Contractor Scheme
Montpelier Property Developer Scheme
de Graaf Resources Contractor Scheme
Steed Solutions Contractor Scheme
Other property developer schemes
This thread is a continuation of the previous thread:
http://forums.contractoruk.com/accou...continued.html
Highlights:
Joint Committee on Human Rights
A group of people on the forum wrote to their MPs asking them to approach the JCHR requesting they scrutinise the legislation. The JCHR aksed for evidence of the impact of s58. A survey was carried out and 92 witness testimonies were presented to them. On the strength of this, they agreed to examine s58.
Current status of inquiry
The JCHR have written to the Treasury asking them to explain how the legislation is compatible with european convention rights. They will decide on further action once they hear back from the Treasury. The JCHR's letter and the Treasury's reply will be published on the JCHR web site in due course.
http://www.parliament.uk/parliamenta...man_rights.cfm
Write to your MP
Around 200 of us have already done this. If you want to join in, email me at [email protected] and I will send you the latest Word template.
Message to all newcomers:
Please don't lurk, feel free to join in the discussion. All contributions welcome.
FAQ - Certificate of Tax Deposit (CTD)
http://forums.contractoruk.com/685539-post110.html
http://forums.contractoruk.com/699696-post427.html
http://forums.contractoruk.com/737219-post891.html
HMRC Links
Certificate of Tax Deposit
http://www.hmrc.gov.uk/payinghmrc/cert-tax-deposit.htm
Interest rates for late payment
http://www.hmrc.gov.uk/rates/interest-late.htm
Estimated Accrued Interest
The following percentages are an estimate of the total interest accrued up to June 2009 depending on the due date of a tax return. Eg. for tax year 2001/2, the due date is Jan 2003, hence the interest accrued would be 43%.
Due Date..........Accrued Interest
Jan 2003..................43%
Jan 2004..................37%
Jan 2005..................30%
Jan 2006..................23%
Jan 2007..................16%
Jan 2008..................8%
Jan 2009..................1%
Government Gateway
You can register here to monitor the status of your tax returns eg. to check if closure notice appeals have been accepted.
https://online.hmrc.gov.uk/registration/individual
The following information is correct as of 24th June 2009
This is a forum for people affected by the legislation first announced in Budget Note 66 (BN66) in March 2008. The legislation was included in the 2008 Finance Bill as Clause 55, and subsequently enacted as Section 58.
The legislation attacks a number of schemes, including:
Montpelier Contractor Scheme
Montpelier Property Developer Scheme
de Graaf Resources Contractor Scheme
Steed Solutions Contractor Scheme
Other property developer schemes
This thread is a continuation of the previous thread:
http://forums.contractoruk.com/accou...continued.html
Highlights:
- Montpelier applied for a Judicial Review, which was intitially refused but has now been granted following an oral hearing. This is expected to take place end of 2009/early 2010.
- deGraaf also applied for a JR but they are now supporting Montpelier's action
- PwC applied for a JR on behalf of mainly property developer clients but it was refused because their application was late
- Steed have applied to take case directly to the European Court of Human Rights.
- It is estimated that 2000 contractors are affected by the legislation.
- According to a recent survey carried out, hundreds will be financially ruined if HMRC get their way
- So far, about 1000 people on the Montpelier scheme have received Closure Notices; around 400 people are still waiting
- HMRC have made countless mistakes, including issuing Distraint and Surcharge Notices when CNs have already been appealed, and in several cases sending round the Debt Collection heavy mob after appeals had been accepted. HMRC even applied for a warrant from the Sherrifs Court in Scotland to sieze one chap's house!!!
Joint Committee on Human Rights
A group of people on the forum wrote to their MPs asking them to approach the JCHR requesting they scrutinise the legislation. The JCHR aksed for evidence of the impact of s58. A survey was carried out and 92 witness testimonies were presented to them. On the strength of this, they agreed to examine s58.
Current status of inquiry
The JCHR have written to the Treasury asking them to explain how the legislation is compatible with european convention rights. They will decide on further action once they hear back from the Treasury. The JCHR's letter and the Treasury's reply will be published on the JCHR web site in due course.
http://www.parliament.uk/parliamenta...man_rights.cfm
Write to your MP
Around 200 of us have already done this. If you want to join in, email me at [email protected] and I will send you the latest Word template.
Message to all newcomers:
Please don't lurk, feel free to join in the discussion. All contributions welcome.
FAQ - Certificate of Tax Deposit (CTD)
http://forums.contractoruk.com/685539-post110.html
http://forums.contractoruk.com/699696-post427.html
http://forums.contractoruk.com/737219-post891.html
HMRC Links
Certificate of Tax Deposit
http://www.hmrc.gov.uk/payinghmrc/cert-tax-deposit.htm
Interest rates for late payment
http://www.hmrc.gov.uk/rates/interest-late.htm
Estimated Accrued Interest
The following percentages are an estimate of the total interest accrued up to June 2009 depending on the due date of a tax return. Eg. for tax year 2001/2, the due date is Jan 2003, hence the interest accrued would be 43%.
Due Date..........Accrued Interest
Jan 2003..................43%
Jan 2004..................37%
Jan 2005..................30%
Jan 2006..................23%
Jan 2007..................16%
Jan 2008..................8%
Jan 2009..................1%
Government Gateway
You can register here to monitor the status of your tax returns eg. to check if closure notice appeals have been accepted.
https://online.hmrc.gov.uk/registration/individual
Comment