BN66 - JR Judgement Day

[Squicker]

But let's not kid ourselves. If the judicial system can be worked to one's advantage, then HMRC's solicitor's office will know every trick in the book.

I think that's as far as I could conceivably take it. We only have to look at the recent ruling WRT to complicity in torture to see how the courts can really stick two fingers up at the govt when there is just cause to do so.

[Doug1965]

My MP has replied

"I should stress that Conservatives do not condone artificial schemes designed to capitalise on potential loopholes on tax legislation"
"However we believe it should have sent a clear and unambiguous signal to taxpayers"

She will also write to Stephen Timms to clarify enforcement, limitations and direction.

[zippo]

Conservative Stance

"I should stress that Conservatives do not condone artificial schemes designed to capitalise on potential loopholes on tax legislation"
"However we believe it should have sent a clear and unambiguous signal to taxpayers"

She will also write to Stephen Timms to clarify enforcement, limitations and direction.

Does this mean the conservatives condone this ???

[PlaneSailing]

Does this mean the conservatives condone this ???

Somebody had better tell non-domiciled Zac Goldsmith and Lord Ashcroft then.

[TheBarCapBoyz]

Can we not get Judge John Deed to hear our appeal?

[Overwhelmed]

Artificial scheme?

I think itis time we stopped accepting that it is an 'artificial' scheme. I joined the scheme for reasons as well as the tax saving. Firstly I wanted certainty of tax liability. IR35 made it impossible to achieve certainty. All business operations rely on certainty, regardless of the tax rate achieved. Secondly there were too many horror stories of HMRC conducting IR35 reviews in a very heavy handed manner. In the limited company scheme one has to deal with this more or less single handedly. With the Mp scheme one knows that there is someone in the background who understands exactly what it is you have done and are trying to do, and has the knowledge and resources available to fight your corner.

Hence in my opinion it is a commercial decision to join MP, not simply an artificial scheme to avoid tax.

[DonkeyRhubarb]

Don't know about wonder, but I hope that anybody reading this stuff realises that people questioning the impartiality of the judge have a lot riding on the final outcome of the case.

I don't think it is a profitable avenue to explore. I think the judge was mistaken. But biased? Nobody questioned his impartiality when he gave permission for the JR to go ahead. Where would we be now without that decision? So I don't question his impartiality.

You are right.

I feel his judgement was unduly harsh, and mistaken, but then I'm a bit biased.

Time to draw a line under this and focus on round 2.

[BolshieBastard]

"I should stress that Conservatives do not condone artificial schemes designed to capitalise on potential loopholes on tax legislation"
"However we believe it should have sent a clear and unambiguous signal to taxpayers"

She will also write to Stephen Timms to clarify enforcement, limitations and direction.

My MP wrote an interim response earlier this week. He said he would 'raise and discuss the matter further with his colleagues.' I havent had any other response yet.

[malvolio]

I think itis time we stopped accepting that it is an 'artificial' scheme. I joined the scheme for reasons as well as the tax saving. Firstly I wanted certainty of tax liability. IR35 made it impossible to achieve certainty. All business operations rely on certainty, regardless of the tax rate achieved. Secondly there were too many horror stories of HMRC conducting IR35 reviews in a very heavy handed manner. In the limited company scheme one has to deal with this more or less single handedly. With the Mp scheme one knows that there is someone in the background who understands exactly what it is you have done and are trying to do, and has the knowledge and resources available to fight your corner.

Hence in my opinion it is a commercial decision to join MP, not simply an artificial scheme to avoid tax.

Sigh...

The simple answer to IR35 is declare yourself caught. Then either operate YourCo as per the IR35 rules or use an umbrella. The intelligent answer if you think you're outside is get insurance so you don't deal with it by yourself (there's around 4,500 people have managed that bit wuite successfully).

Those are the commercially valid options, all three of which establish your tax position. Stop kidding yourself that anyone outside these boards will accept your argument.

[BolshieBastard]

Sigh...

The simple answer to IR35 is declare yourself caught. Then either operate YourCo as per the IR35 rules or use an umbrella. The intelligent answer if you think you're outside is get insurance so you don't deal with it by yourself (there's around 4,500 people have managed that bit wuite successfully).

Those are the commercially valid options, all three of which establish your tax position. Stop kidding yourself that anyone outside these boards will accept your argument.

Er, even if one declared yourself IR35 'caught,' that is an artificial uncertainty. HMRC has won just a handful of IR35 investigations, a number you can count on one hand, I believe.

So your point doesnt hold.