BN66 - the road to Judicial Review

[DonkeyRhubarb]

I wonder...

if the higher-ups in HMRC, who are handling the Judicial Review proceedings, are aware of all the grubby deals that their special compliance officers have been dishing out over the years?

It certainly looks like I touched a raw nerve this morning.

The chickens may be coming home to roost...

[helen7]

if the higher-ups in HMRC, who are handling the Judicial Review proceedings, are aware of all the grubby deals that their special compliance officers have been dishing out over the years?

It certainly looks like I touched a raw nerve this morning.

The chickens may be coming home to roost...

If we can get details of any deals that were done with previous scheme users, are we legally entitled to be offered the same deal in the event we lose?

[BrilloPad]

I was at lunch the other day with one of the many lurkers from this forum. A rather interesting chap as he was one of the first few in the montpelier scheme.

He has been rather worrying himself. But when I explained all the ins and outs he was of good cheer.

Also he says he will be at the JR : hes just waiting for the attendance thread to appear.

BP
PS sorry by my abscence from this thread. Its been busy at clientco.

[Plonker]

Can you share those 'ins and outs' and cheer the rest of us up?

[DonkeyRhubarb]

If we can get details of any deals that were done with previous scheme users, are we legally entitled to be offered the same deal in the event we lose?

I doubt it. But that's not the point.

If HMRC were dishing out deals like there was no tomorrow, then it blows out of the water any credibility to their claim that the 1987 legislation obviously applied to the scheme.

I have long suspected that one of the reasons HMRC allowed the scheme to drag on for so long was that they were hoping Jones would reel most of the people in for them.

[BrilloPad]

Can you share those 'ins and outs' and cheer the rest of us up?

Its quite hard to put down everything on paper. Remember that everything here is read by "HMRC head office". There is certain info that HMRC have missed. Also there are certain facts and figures that montpelier dont want bandied round in public. But montpelier have very very strong incentives to fight this all the way.

In fact there is only one real thing for us to worry about as far as the JR goes. And that is the judge being offered a gong to find against us. But if that happens it will be appealed to the House of Lords. And to Europe. And if that happens its still not necessarily game over.

Only downside is this could be hanging over us for a while. But all the non-public stuff is all in our favour.

[BrilloPad]

I doubt it. But that's not the point.

If HMRC were dishing out deals like there was no tomorrow, then it blows out of the water any credibility to their claim that the 1987 legislation obviously applied to the scheme.

I have long suspected that one of the reasons HMRC allowed the scheme to drag on for so long was that they were hoping Jones would reel most of the people in for them.

Was Jones the one who went mad or was that his partner?

Trust HMRC to deal with loons.......

[Slobbo]

Do you have a link to some info on this Jones thing as I have no idea what your talking about.

[BrilloPad]

Do you have a link to some info on this Jones thing as I have no idea what your talking about.

http://www.judgments.im/content/J984.htm

Conclusion


83. In summary, in my judgment Mr Jones and Mr Morris made wrongful use of (a) the idea of using offshore interest-in-possession trusts in partnership to avoid the IR35 legislation, (b) information about the manner in which the Disputed Scheme was constructed and (c) Mr Argles' March opinions.

Now I just have to see who went mad. Was it Jones or Morris?

[DonkeyRhubarb]

The stories of family ruin and breakdown may convince the human inside him that we are also victims of MTM's greed and that helping us out he could save many families from financial ruin and emotional breakdown.

If, as I suspect, he has brokered several hundred deals in addition to the 148 in the Suo Motu scheme, then he is going to be very tight with HMRC. Even if he was prepared to set aside his differences with MTM, I can't see him turning on the Revenue.

I doubt he'll even speak to me because I've flamed him so many times. However, if anyone else wants to drop him a line, feel free. This address may still work:

[email protected]