BN66 - JR Judgement Day

[OnYourBikeGB]

You need to understand who your enemies are. He did you a favour, by opening the route to a proper appeal process.

I don't really think this is the case at all. He batted it upstairs yes, but only because that was the only possible outcome if he refused the JR. Anyone remember the line in the application for the JR where he said 'How did your clients think they were going to get away with that?'. I think his mind was already made up, together with the speed that he made his judgment, maybe even before the hearing.

He's not our enemy, but he most definitely is not our friend.

[Rhydd]

Wider support

The judgement was reported in the "Jersey Evening Post".

No doubt it will be discussed in tax departments on the island. They will appreciate the implications and will want to have the judgement overturned.

[VictorValiant]

Adam Smiths Maxims

A lurker rather than a participator - up to now anyway - but have been in touch with my MP and will be pursuing him further following the latest developments. Whilst we appear to be in a state of limbo just at the moment awaiting MPs missive this coming week, could I draw attention to this article from sometime ago - some interesting comments about Mr.Smiths (rightly regarded as being of sound mind and judgement) Maxims concerning tax; its certainties and its application. Good reading for a Sunday afternoon with the coming week ahead: in particular Maxims 2 and 3.
Fight the Good Fight.

http://www.taxation.co.uk/taxation/a...ish-connection

[centurian]

No Centurian, they are not comparable. Because what we did was legal and declared, whereas the doctors scheme is and always was illegal and hidden.

But many are trying to make comparisons by implying that doctors are being offered a better deal, which simply isn't the case.

[RockTheBoat]

But many are trying to make comparisons by implying that doctors are being offered a better deal, which simply isn't the case.

agreed

the funny thing is that I was at my local dentist a few weeks back and he mentioned that back in the day, gold made for the best fillings and that he had some 24 carat stuff in some of his... which made me chuckle today imagining Hector and his thugs marching into dentist practises throughout the land and extracting gold laden teeth as part of their "clawback"

anyway, this doctor detist thing looks like another of HMRC's grand fishing expeditions of shake the tree and see how many fall out. as they say, it costs a lot less in time, money and manpower than actually going through the whole investigation rigmerole.

I wonder if they (HMRC\government) will ever put more than three brain cells together and just simplfiy the tax system, remove all the tax bands (inc that joke of a 50% one starting in April), making it a simple 20% on income and capital gains no matter what, remove IR35, and I guarentee the tax take will go up

and you wont have doctors and dentists flying over the world nearly as much to give miss hollywood a new rack and smile and get cach paid into their swiss bank accounts

(reading this back just made me come back to earth knowing that they will never ever actually do this, but still, its good to dream every now and then)

[Squicker]

Nowhere in his judgement did he mention that we should pursue this.

Why would he? He merely stated it won't be appealed at the same level, he didn't, and cannot, forbid taking it higher. Whilst this implies we may succeed higher up, if her were to encourage such an action it implies incorrect decision making on his part.

He did exactly what we would expect in the circumstances, I would say.

[SantaClaus]

agreed

the funny thing is that I was at my local dentist a few weeks back and he mentioned that back in the day, gold made for the best fillings and that he had some 24 carat stuff in some of his... which made me chuckle today imagining Hector and his thugs marching into dentist practises throughout the land and extracting gold laden teeth as part of their "clawback"

...

The Nazis did it. I'm sure it ran through Hector's mind!

[srhcompcon]

You need to understand who your enemies are. He did you a favour, by opening the route to a proper appeal process.

Hear hear.

The judge did the only thing he could, we have to be clear on that!

We are also likely to lose the appeal if heard at the same level. The Supreme court or European court will be able to make the correct decision and have enough weight behind it to make it stick and HMRC have now put their arguements out in the open and are trying to justify them.

We need to go through this process the same way a boxer jabs to find out the weak points in HMRC arguement

[smalldog]

second charge

Just to let anyone know fretting about possibly having to sell their house in future to pay any debt. I have it in writing from an HMRC official that they will take a second charge on a property to pay a debt, so dont panic....and if the property market picks back up which it appears to be then any interest accrued by the debt will be offset by property value growth...which is a damn sight better than sticking it in a CTD!!!!

and remember the CN's are still under appeal so dont worry about any door knocking...

[OnYourBikeGB]

Just to let anyone know fretting about possibly having to sell their house in future to pay any debt. I have it in writing from an HMRC official that they will take a second charge on a property to pay a debt, so dont panic....and if the property market picks back up which it appears to be then any interest accrued by the debt will be offset by property value growth...which is a damn sight better than sticking it in a CTD!!!!

and remember the CN's are still under appeal so dont worry about any door knocking...

That's very interesting. I am considering remortgaging / using all my equity as the bulk of the funds. How does a charge against a property work?

I was considering a CTD but only because I could prove that I could pay, to get them to keep the dogs at bay. I'm using an offset mortgage at the moment, which is saving me a lot more interest on my mortgage than I would make on a CTD.