BN66 - JR Judgement Day

[PlaneSailing]

planning structures which were valid when established may no longer be compliant

Giving them the benefit of the doubt, that could mean they have changed
some laws and old schemes may no longer work.

However I'm not that generous and I believe that's the green light for
retrospective tax changes in the future.

[Overwhelmed]

Court of Appeal

Has anyone seen page three of today's Times (more savoury than its sister paper equivalent). Online at http://business.timesonline.co.uk/to...cle7029806.ece It reports a non-dom issue heard in the Court of Appeal, where the non-dom has followed the rules exactly, but the CoA has upheld the HMRC decision based on soft facts not mentioned in the law. Looks bad if they use the same standards for our ruling in due course.

[DonkeyRhubarb]

Giving them the benefit of the doubt, that could mean they have changed
some laws and old schemes may no longer work.

However I'm not that generous and I believe that's the green light for
retrospective tax changes in the future.

Part of the problem is that it's quite hard to express retrospection in a way that makes any sense.

Eg.

What was previously legal now wasn't ever legal.

The scheme worked fine then but now it never worked.

Planning structures which were valid when established may no longer have been compliant at the time.

[Tax_shouldnt_be_taxing]

Part of the problem is that it's quite hard to express retrospection in a way that makes any sense.

Eg.

What was previously legal now wasn't ever legal.

The scheme worked fine then but now it never worked.

Planning structures which were valid when established may no longer have been compliant at the time.

I wonder if Timms read one of those science books that talks about the conundrum of time travel. You know, if I go back in time and kill my father before I was born...

I fear this whole Retro(taxin)spection bandwaggon is going to get really out of control. It's no longer about us, it's the written word of law versus soft law. Does anyone remember when this flip happened (apart from BN66)?

So much for a stable, predictable and certain tax system.

[ROBIN REDBREAST]

What hope

I've always been pessimistic about our chances...perhaps its best to be and anything beyond this would ultimately be a bonus. Regardless of our legal case and the issue regarding retrospective law changes, HMRC and the government are really digging their heals in now and as such I believe regardless of how unethical retro and how strong our "letter of the law" argument is, we have little hope.

What is most annoying about this is that if we went LTd company or PAYE we would have been better off, no interest charges, no uncertainty, no retro "clarifications".....

Has anyone seen page three of today's Times (more savoury than its sister paper equivalent). Online at http://business.timesonline.co.uk/to...cle7029806.ece It reports a non-dom issue heard in the Court of Appeal, where the non-dom has followed the rules exactly, but the CoA has upheld the HMRC decision based on soft facts not mentioned in the law. Looks bad if they use the same standards for our ruling in due course.

[normalbloke]

I've always been pessimistic about our chances...perhaps its best to be and anything beyond this would ultimately be a bonus. Regardless of our legal case and the issue regarding retrospective law changes, HMRC and the government are really digging their heals in now and as such I believe regardless of how unethical retro and how strong our "letter of the law" argument is, we have little hope.

What is most annoying about this is that if we went LTd company or PAYE we would have been better off, no interest charges, no uncertainty, no retro "clarifications".....

Er...when IR35 was introduced and when I went with MP in 2002, ironically to get some certainty, the whole question of Ltd companies was in the air and no way of knowing how it would land... Hindsight is a marvellous thing.

[TAF4]

Page three of today's Times Online at http://business.timesonline.co.uk/to...cle7029806.ece........

This is a worrying trend. It is eveidenced by Lurch's accelerating increase of retro-acting legislation and the HMRC quote in the Times article that says “HMRC are committed to ensure that all those who are resident in the UK pay the tax that is due and this judgment will aid that effort.”

[Buzby]

Hope

This is a worrying trend. It is eveidenced by Lurch's accelerating increase of retro-acting legislation and the HMRC quote in the Times article that says “HMRC are committed to ensure that all those who are resident in the UK pay the tax that is due and this judgment will aid that effort.”

Looks like Europe might be our last hope.

[normalbloke]

This is a worrying trend. It is eveidenced by Lurch's accelerating increase of retro-acting legislation and the HMRC quote in the Times article that says “HMRC are committed to ensure that all those who are resident in the UK pay the tax that is due and this judgment will aid that effort.”

WTF is that then? Its now a matter of opinion, not law. Madness.

[smalldog]

the law

brilliant I will use that if Im ever stopped for speeding...

Police officer "Sir do you know you were speeding?"
me "thats only your opinion"

so sounds like we wont need laws soon, just opinions that will count...