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BN66 - JR Judgement Day

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    I realise that the Judge was presiding over Huitson but I, and many others here, did not receive closure notices until some 14 months after BN66. Too late to bring it to a head.

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      Originally posted by nuffsaid View Post
      I realise that the Judge was presiding over Huitson but I, and many others here, did not receive closure notices until some 14 months after BN66. Too late to bring it to a head.
      The judge was referring to people under investigation requesting CN's, not getting one because HMRC deigned to do it off their own bat.

      More more thing the judge hasn't considered. What about those who were not under investigation but had their returns opened by the HMRC "discovering" a problem after BN66 and then issuing CN's?

      Surely the application of BN66 may have been proportionate in some cases but grossly disproportionate in the others - like the example above.

      We know for a fact that in many cases HMRC re-opened returns way after the 31 January deadline in the year after filing. What about legitimate expectation here - surely HMRC had accepted the return? [ Even more so given what we know about their technical bulletin in 2002 ]

      Dunno what the legalities are around this but the judge hasn't taken into account a load of facts, or using them very selectively to back up his judgement.
      Last edited by bananarepublic; 28 January 2010, 15:08.

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        Originally posted by nick4notax View Post
        Wonder if its worth writing to our MPs again... Is a guarantee to halt this process worth a guarantee of 2500 votes? I know I'd vote any mainstream party who promised me that. Are you listening Tory snoopers????
        27,000,000 people voted last time, so 2,500 is not enough of a lobby.

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          My thoughts

          As everyone has said

          1. this is only the first stage, if we won HMRC would have appealed and thus we lost we are appealing

          2. Take the ruling as a cop out by the judge, he is probably wanting it to go higher as this really is a rulling for the high court on how taxes can be applied

          3. MP although have lost today, have been fighting for us (and themselves), i will stick with them.

          4. i know people are giving in now, BUT I AM NOT, you are not getting my money to the end. HMRC is the blame for this mess, FACT, if they hadnt introduced IR35 99% of wouldnt be here today, FACT, if they had been more resonable in there approach and not applied Interest and fines to the overall cost this would have been more affordable

          IM ANGRY, WE WILL NOT BE MOVED!!!
          When is comes to the HMRC and Gordy. Im a fighter not a lover

          Comment


            Originally posted by nick4notax View Post
            Wonder if its worth writing to our MPs again... Is a guarantee to halt this process worth a guarantee of 2500 votes? I know I'd vote any mainstream party who promised me that. Are you listening Tory snoopers????
            If Gideon Osbourne isn't prepared to commit to scrapping IR35, which would potentially garner significantly more votes than scrapping BN66, then I hardly think that's a likely possibility.

            IIRC, Let Win said that they would scrap IR35 when he was shadow chancellor, but it's all gone quiet now....
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              Another JR

              With reference to my previous post.

              Is there someone who
              1) Had no returns under investigation prior to 2008 budget
              2) Had returns that had been "accepted" by HMRC because they weren't queried in the 12 month window after the 31 Jan filing deadline
              3) Preferably had a number of tax returns which satisfied 2)
              4) Subsequently received a closure notice?

              -> I am sure there are.

              Surely this would blow a lot of the judges arguments out of the window? Could we have another JR.

              Comment


                the more I think about it the more I am in agreement that the judge has just passed the buck. Still, doesn't stop me thinking that the spectre of an unpayable bill is looming larger than ever

                Comment


                  Originally posted by StellaFan View Post
                  the more I think about it the more I am in agreement that the judge has just passed the buck. Still, doesn't stop me thinking that the spectre of an unpayable bill is looming larger than ever
                  in the meantime drink more Stella
                  When is comes to the HMRC and Gordy. Im a fighter not a lover

                  Comment


                    Originally posted by bananarepublic View Post
                    With reference to my previous post.

                    Is there someone who
                    1) Had no returns under investigation prior to 2008 budget
                    2) Had returns that had been "accepted" by HMRC because they weren't queried in the 12 month window after the 31 Jan filing deadline
                    3) Preferably had a number of tax returns which satisfied 2)
                    4) Subsequently received a closure notice?

                    -> I am sure there are.

                    Surely this would blow a lot of the judges arguments out of the window? Could we have another JR.

                    Point 1 No
                    Point 2 Yes
                    Point 3 Yes (2)
                    Point 4 Yes

                    Comment


                      Press coverage

                      And this time Mr Elvin chips in...

                      http://www.timesonline.co.uk/tol/mon...cle7005980.ece

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