BN66 - the road to Judicial Review

[BolshieBastard]

Got confirmation from HMRC today that my CN's had been appealed.

Althought the letter was addressed to me it's salutation was 'Dear Mr Yarde' (which is not me!).

So Mr Yarde if you're reading this, we've both appealed!

[DonkeyRhubarb]

HM Treasury Org Chart

I wonder who in this org chart was responsible for s58?

http://www.hm-treasury.gov.uk/d/hmt_orgchart.pdf

When the Donkey finds out, then they will start to feel some heat. Starting with an FOI request to have their expenses published.

[DonkeyRhubarb]

Budget 2009/10

Have HMRC been at it again?

http://www.rbcwminternational.com/pd..._-_Summary.pdf

The second measure relates to artificially generated employment losses. In a highly unusual step, confirmed in the Budget, HMRC later published retrospective amendments so that planning that was perfectly legal and effective when it was undertaken will fail because of later changes in the law. If this precedent is accepted, it will be possible for HMRC to change the law after the event whenever it wishes, throwing the whole UK tax system into a chaos of uncertainty. It is very disappointing that the Budget has not taken any notice of the protests against this most unwelcome move, and it is inevitable that there will be challenges through the courts if HMRC does not back down.

[DonkeyRhubarb]

Parliamentary answers - June 2009

A couple of interesting items.

http://services.parliament.uk/hansar...s/part012.html

Tax Avoidance

Mr. Rooney: To ask the Chancellor of the Exchequer how many investigations concerning IR35 were launched in each of the last five years; and how many of them resulted in (a) prosecution, (b) an increase in tax due and (c) no further action. [273420]

Kitty Ussher: The intermediaries legislation, commonly known as “IR35”, was introduced with effect from 6 April 2000 to counter the avoidance of employed levels of tax and national insurance by individuals providing their services through intermediaries.

Disclosure of HM Revenue and Customs' compliance data relating to the legislation would result in a risk of non- compliance with the legislation. Accordingly I am not able to provide the data requested.

Taxation

Mr. Mark Field: To ask the Chancellor of the Exchequer what his most recent assessment is of the application of the Rees Rules on the introduction of retrospective legislation in light of HM Revenue and Customs' announcement of 1 April 2009 on employment loss planning***; and if he will make a statement. [277696]

Mr. Timms: The Rees Rules continue to provide a useful guide when Ministers consider retrospective legislation and were considered in connection with the announcement I made on 1 April 2009.

*** this refers to my previous post

[Emigre]

A couple of interesting items.

http://services.parliament.uk/hansar...s/part012.html

Tax Avoidance

Mr. Rooney: To ask the Chancellor of the Exchequer how many investigations concerning IR35 were launched in each of the last five years; and how many of them resulted in (a) prosecution, (b) an increase in tax due and (c) no further action. [273420]

Kitty Ussher: The intermediaries legislation, commonly known as “IR35”, was introduced with effect from 6 April 2000 to counter the avoidance of employed levels of tax and national insurance by individuals providing their services through intermediaries.

Disclosure of HM Revenue and Customs' compliance data relating to the legislation would result in a risk of non- compliance with the legislation. Accordingly I am not able to provide the data requested.

Taxation

Mr. Mark Field: To ask the Chancellor of the Exchequer what his most recent assessment is of the application of the Rees Rules on the introduction of retrospective legislation in light of HM Revenue and Customs' announcement of 1 April 2009 on employment loss planning***; and if he will make a statement. [277696]

Mr. Timms: The Rees Rules continue to provide a useful guide when Ministers consider retrospective legislation and were considered in connection with the announcement I made on 1 April 2009.

*** this refers to my previous post

Unbelievable!

Is Kitty Ussher's response (btw wtf is Kitty Ussher?) anything other than an unmitigated admission that IR35 is a complete failure?

How could Mark Field accept a response like that by Timms???

Stephen Timms has not answered a single question asked of him with anything other than advice on sex and travel. Does anyone know which alleyways this sleazeball frequents. He needs to understand that this is unacceptable behaviour in public office. He needs to be stopped and asked our questions and accompanied until such time as he provides a satisfactory response. As an MP he is a LIAR, a CHEAT,and CORRUPT and I publicly challenge him to challenge me on it. He was voted in on a ticket of something that he is clearly not. His constituency should feel aggrieved that they have supported this monster. He is a detriment to fair society. He is, at least in part, responsible for part of the demise of the UK's standing on the world stage.

Stephen Timms is not suitable to occupy any moat (pondlife for those that missed it), regardless of who owns it, let alone public office. His previous associations with Ovum plc need to be made properly public and Timms brought to account for all of his misdemeanours. Exactly how many millions did Timms cede "control" of to a Trust fund?

[DonkeyRhubarb]

HMRC Org Chart (with photos)

This was from January 2008 ie. just before the BN66 announcement.

http://www.itdweb.org/documents/HMRC...2008-01-01.pdf

It makes an excellent darts board!!!

[BrilloPad]

This was from January 2008 ie. just before the BN66 announcement.

http://www.itdweb.org/documents/HMRC...2008-01-01.pdf

It makes an excellent darts board!!!

Could we have it printed on toilet roll please?

[DonkeyRhubarb]

btw wtf is Kitty Ussher?

I think it's more a case of who was she!!!

http://www.telegraph.co.uk/news/news...-expenses.html

Honestly, you couldn't make this stuff up.

[DonkeyRhubarb]

Tories battle to stop retrospective legislation

This is mainly about the retrospective legislation in this year's budget but our scheme does get a mention towards the end. This is the first time I have seen s58 mentioned in the mainstream press.

http://www.ft.com/cms/s/91d2bc32-516...44feabdc0.html

NT Advisors, one of the "boutique" tax consultancies behind the avoidance scheme, said it was "pleasantly surprised" by the impact of its lobbying campaign over the legislation. If the Tories' amendment failed, the company would consider a legal challenge under the Human Rights Act, it said.

Taxpayers have been infuriated by changes to the tax code that affect transactions they have already made. Arguments have flared up in recent years over the 2005 pre-owned assets tax, affecting inheritance tax planning; the 2007 abolition of industrial buildings allowances; the 2008 retrospective closure of schemes involving double-taxation treaties; and the long-running attempted crackdown on income-shifting between spouses.

PS. I found another related article.

http://www.wealthbriefing.com/html/a...?article=17545

[centurian]

I think it's more a case of who was she!!!

http://www.telegraph.co.uk/news/news...-expenses.html

Honestly, you couldn't make this stuff up.

This has to be made up. The telegraph link must be a fake... it all must be

A treasury minister, I say again, TREASURY MINISTER, who must have had at least a partial brief to tackle "tax avoidance" schemes...

This same person has avoided paying around 10K in capital gains tax

It can't be true