BN66 - the road to Judicial Review

[administrator]

This thread now locked and continued here http://forums.contractoruk.com/accou...ement-day.html to cover the announcement of the verdict in the morning.

[srhcompcon]

Anyway, I was sitting here thinking and the following occurs to me:

• If HMRC accept a tax return then that’s the end of the story, assuming full disclosure on the return (i.e. no “new evidence”) HMRC can never demand more money for the period covered by the return.
• In light of the information that came out at the JR we know that HMRC knew there was no legal challenge to the returns, hence no valid reason they should not be accepted.
• HMRC were so confident there was no legal challenge they had to change the law retrospectively to target what was at the time legitimate planning.

Basically HMRC knew there was no challenge hence had no right not to accept the returns as they were correct at the time of submission! However they made a conscious decision not to accept them despite knowing they were valid, instead they decided to drag out a lengthy investigation giving them time to take future action against the returns as they were still open.

Given the facts I would suggest that HMRC acted improperly/illegally by not accepting the returns knowing they were valid at the time.

I’m no expert but it may be worth looking into…. I’m a lurker on the forums but maybe you could post the above on my behalf as the like of “Tax Shouldn’t be Taxing” seem pretty well connected and may have a view on the above….

I assume that if the ruling is favourable to us, HMRC are going to appeal if allowed to and vis-versa. So although there will be a decision tomorrow there may still be a good while to go!

[srhcompcon]

Tryin to stay positive but this is how I really feel. See you all tomorrow ...

Is this the real life?
Is this just fantasy?
Caught in a landslide
No escape from reality
Open your eyes
Look up to the skies and see
I'm just a poor boy (Poor boy)
I need no sympathy
Because I'm easy come, easy go
Little high, little low
Any way the wind blows
Doesn't really matter to me, to me

Mama just planned my tax
Joined the offshore crew
Filed the returns, now I'm dead
Mama, life has just begun
But now I've gone and thrown it all away
Mama, ooh
Didn't mean to make you cry
If I'm not back again this time tomorrow
Carry on, carry on as if nothing really matters

Too late, my time has come
Sends shivers down my spine
Body's aching all the time
Goodbye, everybody
I've got to go
Gotta leave you all behind and face the truth
Mama, oooooooh (Anyway the wind blows)
I don't want to go bankrupt
Sometimes wish I'd never worked at all

I see a little silhouetto of a man
Scaramouch, Scaramouch, will you do the Fandango
Thunderbolt and lightning, very, very frightening me
(Galileo) Galileo (Galileo) Galileo, Galileo Figaro
Magnifico-o-o-o-o
I'm just a poor boy nobody loves me
He's just a poor boy from a poor family
Spare him his life from this monstrosity

Easy come, easy go, will you let me go?
Bismillah! No, we will not let you go
Let him go
Bismillah! We will not let you go
Let him go
Bismillah! We will not let you go
Let me go (Will not let you go)
Let me go (Will not let you go) (Never, never, never, never)
Let me go, o, o, o, o
No, no, no, no, no, no, no
(Oh mama mia, mama mia) Mama Mia, let me go
Beelzebub has the devil put aside for me, for me, for me!

So you think you can stone me and spit in my eye
So you think you can love me and leave me to die
Oh, baby, can't do this to me, baby
Just gotta get out, just gotta get right outta here

Nothing really matters
Anyone can see
Nothing really matters
Nothing really matters to me

Any way the wind blows...

Brilliant

[DonkeyRhubarb]

Posted on behalf of a lurker

Anyway, I was sitting here thinking and the following occurs to me:

• If HMRC accept a tax return then that’s the end of the story, assuming full disclosure on the return (i.e. no “new evidence”) HMRC can never demand more money for the period covered by the return.
• In light of the information that came out at the JR we know that HMRC knew there was no legal challenge to the returns, hence no valid reason they should not be accepted.
• HMRC were so confident there was no legal challenge they had to change the law retrospectively to target what was at the time legitimate planning.

Basically HMRC knew there was no challenge hence had no right not to accept the returns as they were correct at the time of submission! However they made a conscious decision not to accept them despite knowing they were valid, instead they decided to drag out a lengthy investigation giving them time to take future action against the returns as they were still open.

Given the facts I would suggest that HMRC acted improperly/illegally by not accepting the returns knowing they were valid at the time.

I’m no expert but it may be worth looking into…. I’m a lurker on the forums but maybe you could post the above on my behalf as the like of “Tax Shouldn’t be Taxing” seem pretty well connected and may have a view on the above….

[not-a-penny]

Tryin to stay positive but this is how I really feel. See you all tomorrow ...

Is this the real life?
Is this just fantasy?
Caught in a landslide
No escape from reality
Open your eyes
Look up to the skies and see
I'm just a poor boy (Poor boy)
I need no sympathy
Because I'm easy come, easy go
Little high, little low
Any way the wind blows
Doesn't really matter to me, to me

Mama just planned my tax
Joined the offshore crew
Filed the returns, now I'm dead
Mama, life has just begun
But now I've gone and thrown it all away
Mama, ooh
Didn't mean to make you cry
If I'm not back again this time tomorrow
Carry on, carry on as if nothing really matters

Too late, my time has come
Sends shivers down my spine
Body's aching all the time
Goodbye, everybody
I've got to go
Gotta leave you all behind and face the truth
Mama, oooooooh (Anyway the wind blows)
I don't want to go bankrupt
Sometimes wish I'd never worked at all

I see a little silhouetto of a man
Scaramouch, Scaramouch, will you do the Fandango
Thunderbolt and lightning, very, very frightening me
(Galileo) Galileo (Galileo) Galileo, Galileo Figaro
Magnifico-o-o-o-o
I'm just a poor boy nobody loves me
He's just a poor boy from a poor family
Spare him his life from this monstrosity

Easy come, easy go, will you let me go?
Bismillah! No, we will not let you go
Let him go
Bismillah! We will not let you go
Let him go
Bismillah! We will not let you go
Let me go (Will not let you go)
Let me go (Will not let you go) (Never, never, never, never)
Let me go, o, o, o, o
No, no, no, no, no, no, no
(Oh mama mia, mama mia) Mama Mia, let me go
Beelzebub has the devil put aside for me, for me, for me!

So you think you can stone me and spit in my eye
So you think you can love me and leave me to die
Oh, baby, can't do this to me, baby
Just gotta get out, just gotta get right outta here

Nothing really matters
Anyone can see
Nothing really matters
Nothing really matters to me

Any way the wind blows...

[Tax_shouldnt_be_taxing]

Have we arrived?







Uh, yes. But we seemed to have taken a few wrong turns. Sorry little Timms, back to square one.

[Tax_shouldnt_be_taxing]

Are we here now?





Damn it Timms! Making up legislation like this takes time!

[Tax_shouldnt_be_taxing]

Are we here yet?






Just a little further

[Tax_shouldnt_be_taxing]

Are we there now?






Nearly

[Tax_shouldnt_be_taxing]

Are we there yet?







Soon