BN66 - the road to Judicial Review

[swede]

hear hear.

I am unaware of the beef this Jones character appears to have with MTM, although I have gleaned a bit from the posts here. I certainly don't think less of him through his having bi-polar disorder, one of my friends suffers from this and she is an eminent medical practitioner, as well as an admired and intelligent artist. It is a manageable, although incurable, illness.

However, I certainly take whatever Jones says with a pinch of salt because he DOES come across as a bitter person with an axe to grind. Even if there is some truth in what he says, it is not noticed, not because I am blind, but because there genuinely does appear to be an ulterior motive there.

I have come to this conclusion from reading the forum over the past few days and with no prior knowledge of the man.

WRT the matter in hand, it is only money. I was born with none and I'll certainly be laid in my coffin with none. Actually, I intend to be cremated, but still... However, I have my friends and family, none of whom would think less of me if I lost my wealth, and who would all look out for me and put a roof over my head, I know that for sure.

HMRC can't take that from me.

And I am sure it is the same for most of us here.

Agreed with wholeheartedly.

[portseven]

I think its incredibly sad that this one man crusade to bring down MP is at the jeopardy of 2000 or so peoples livelihoods and futures. If only that energy could be channelled towards good in helping to protect families against financial hardship by helping us win this fight against HMRC....the lack of consideration and compassion for our plight is quite staggering....siding with the devil is not something I would personally do....

[GavM]

Delurker Alert!

Another delurker here who has left it far too long to publically thank DR, Santa and et al for all the work and effort they have put in since BN66 raised its ugly head.

I’ve been with MTM from the beginning and I will lose everything and more if we don’t win this case. Like Squicker though (and I’m sure like many other’s), thankfully I also have friends and family, who wouldn’t think less of me if I lost everything, and who would also all look out for me and my family and put a roof over our heads.

From what I’ve seen over the last couple of days, I’d say we have a very good chance of winning as we haven’t done anything wrong and this has hopefully been proven, but like others on here I thought we had the IR35 JR in the bag.

In regards to Mr Jones, if you know what we are going through then why don’t you act like a decent human being and stop winding everyone up on this forum – oh and don’t bother replying to this as your on my ignore list!

[KiwiGuy]

I'm hoping it gets read out in Court - it should do, its public, like the hearing. If so I will attend. If it gets sent to MontP i don't suppose we would hear very quickly - its not like they are about to post it on the forum

i would be there that day for that one

[KiwiGuy]

Many thanks

thanks to all of those involved, the infomation provided was great help, now its just a waiting game to see if me and my 2 kids (1 and 3) will be on the streets.

Alan....see that bus, walk in front of it....communicating with HMRC automatically shows whos side your on

[PeterF]

I'm not affected by this but have been following the thread closely. Absolute admiration for those here who have pursued this and got it where it is today. Congratulations on the progress so far - myself and my family have our fingers crossed for all those potentially impacted.

Peter.

[MKing]

BN66 and Retrospection

It was my understanding that the references to retrospection with regard to the 1987 act et al, were not a retrospective application of tax, but Parliament retrospectively amending legislation which it deemed unclear and poorly reflected the will of Parliament.

Thus once the retrospective legislation had been put in place HMRC were free to tax going forward ... but not backward.

In the case of BN66 the subtlety lies in whether it is a "clarification" or an "amendment" of legislation. As a clarification, they are entitled to tax retrospectively because the legislation was in place but not clear (hence clarification) - except to someone highly expert in the field.

In the case of Amendment, then they are not entitled to tax retrospectively because the legislation was not in place. Any attempt to tax retrospectively is actually to undermine the basis upon which taxation is gathered and has far reaching consequences for the right to property. Indeed, the Self-Assessment legislation has an explicit guarantee to ensure that the taxpayer can know his true position at the time of assessment and thus not be in fear of taxes being increased as a result of future legislation.


I find it remarkable that this even requires an ECHR challenge as the basis for "clarification" seems to have been demolished several times and is at odds with our own legislative powers - in fact at odds with the principle of Double Taxation. Tax was paid at the correct amount fairly and with knowledge of HMRC once. To retrospectively tax, is in fact the application of a second tax - and hence Double Taxation in its own right.

I am fortunate in not being part of one of these schemes (too much of a worrier to take part), but I wish you all well, because a loss on this case - and principle - spells disaster for every tax-payer and an undermining of entire legislative system.

[Cugel]

Thanks from me as well

I'd also like to add my heartfelt thanks to everyone who kept us updated over the last few days and especially to DR for all his endeavors so far.

Having joined the scheme in 2001 I've now had this hanging over me for nearly nine years and I'm pleased that we're finally heading towards a resolution.

I will miss my threatening HMRC letters though, always on the Saturday of a bank holiday weekend or at Christmas, I've always thought they missed a trick not aiming for my Birthday.

Thanks again

[srhcompcon]

I'd also like to add my heartfelt thanks to everyone who kept us updated over the last few days and especially to DR for all his endeavors so far.

Having joined the scheme in 2001 I've now had this hanging over me for nearly nine years and I'm pleased that we're finally heading towards a resolution.

I will miss my threatening HMRC letters though, always on the a Saturday of a bank holiday weekend or at Christmas, I've always thought they missed a trick not aiming for my Birthday.

Thanks again

One of mine was on my birthday! Although after joining myself in 2001 it took till 2009 for the first CN to arrive!

[weeboaby]

One of mine was on my birthday!

My first threatening letter demanding an enourmous amount of wonga was the day before I went on a family holiday!