BN66 - the road to Judicial Review

[seadog]

Things are probably going to slow down for a while, since it will probably be several months before we get a date for the JR.



Finally, I would like to thank everyone for all their help over the past few months. Sometimes it feels like we have been banging our heads against a brick wall but I think we have made genuine progress and got the attention of a lot of influential people.

Keep the faith!
DR

Can we ask all forum members to keep their eyes glued to the media, newspapers etc and post a blog if they find anything of mention re retrospective taxation, JR's etc.

The more we have scouring the news the more likely we are to pick up any tit- bits of useful information.

I have another meeting with my MP on Friday to press for action on why Timms sent a 1 page standard reply to my heavywieght docuemtn and listy of questions.

I am not hopeful of getting a sensible response, but the more we get the knock back the bigger the case of maladministration against the Treassury when it all get out in the open.

[DonkeyRhubarb]

http://www.theyworkforyou.com/pbc/20...009-06-16a.8.0

The comments from Gauke are bang on the money.

A similar point was raised in the context of double taxation treaties and retrospective provisions on Isle of Man partnerships. It would be fair to say that the case against the Government then was stronger than it is today, because then we looked at retrospection going back 21 years for something that HMRC had known about for a long time and not sought to address.

Perhaps I can take this opportunity to ask the Minister where the Government stand on retrospectivity in general. In what circumstances do the Government consider that a retrospective provision is justified? Does the Minister recognise that there is a risk that HMRC may use this as a fallback against its mistakes? That was very much the nature of our case last year on partnership income and Isle of Man partnerships. HMRC should have addressed that matter much earlier and it sought to address it through retrospective legislation.

[Emigre]

Does anyone know how to add a feed, webslice or other such thing to get notified if the thread gets updated ?

thanks

Under "Thread Tools" you can subscribe to the thread and elct to receive email notification etc

[Emigre]

One interesting point from Mr Timms

Friend’s statement in 2004 warned that where we became aware of arrangements that attempt to frustrate our intention that employers and employees should pay the proper amount of tax, we would introduce legislation to close them down, where necessary from 2 December 2004. It therefore remains the Government’s view that in rare cases like this it is appropriate for us to act retrospectively to make sure that abusive schemes are closed down rapidly and effectively.

Since our scheme has been backdated 21 years, his statement above is incorrect and misleading.

If the legislation was amended so that ours was only backdated to Dec 2004, that would reduce my liability by well over 100k.

Dawn Primarolo's comments in December 2004 related to employment, PAYE and NI, and not to self-employment which is what we are/were. Her comments could not therefore be applied to us.

[SLB]

CN's

Now had all my CN's, have sent them to Montp and they have been successfully appealed.



On a different note - have been reading some of bits about Kitty Ussher, Timms et al. What an utter bunch of hypocritical w******! Not only that, Timms in particular is just plain wrong in what he says most of the time - he doesn't deserve to be anywhere near parliament and I will have all my fingers crossed that he loses his seat at the next election!

[warlord]

Cannot subsrcibe?

Hello,
I cannot subscribe to this new thread?

Also strangley my HMRC case office Mrs C. phone number now no longer works. Phoned general number and they where having troubles trying to track her down?
Rgds

[macdat]

Under "Thread Tools" you can subscribe to the thread and elct to receive email notification etc

Thanks

[DonkeyRhubarb]

Info from Montpelier

For information...

HMRC appear to be centralising the enquiry from the local offices to something akin to a step down from SCI offices. It is not clear what the reasoning is behind this but it makes it easier for Montpelier to just have the same contact at HMRC.

If people are phoning their local compliance office (ie the number on the CN) for whatever reason, they may not get any joy as the file may be in transit to these 2 new offices.

[smalldog]

here they go again:

http://news.bbc.co.uk/1/hi/business/8136458.stm

be interesting to see if this is closed retrospectively...probably not

[KiwiGuy]

For information...

HMRC appear to be centralising the enquiry from the local offices to something akin to a step down from SCI offices. It is not clear what the reasoning is behind this but it makes it easier for Montpelier to just have the same contact at HMRC.

If people are phoning their local compliance office (ie the number on the CN) for whatever reason, they may not get any joy as the file may be in transit to these 2 new offices.

hopefully lost in transit