BN66 - JR Judgement Day

[Plonker]

Re Times Article

"The judge went on to say that Mr Gaines-Cooper faced the “insuperable difficulty” that he had never “left” England, and the fact that he had not been in the country for more than 91 days in any one year since 1976 made no difference to his status. "


For more than 34 years he does not spend more than 91 days in the country....and loses in the Court of Appeal, three judges. Again Letter of the Law vs interpretation, that does not bode well for our case.

[portseven]

The law appears to becoming a poor cousin to what is seen as 'fair' and someone's interpretation.

What I can't understand is why more people are not speaking out against it. Surley someone in a position of power and influence should have the balls to stand up and say that this is not right.

There seems to have been a shift in the attitudes of the Judicary, it's almost as if they have been presured to start ingoring the law, and passing judgment based on who-knows-what.

Have you seen the latest legislation that HMRC are trying to push though? Banning people getting Tax Advice??

[smalldog]

maybe we should write to "The Opinion Society", previously known as the Law Society and ask them whats going on.

youve got to be F***ing kidding me!!!!!

As a result, HMRC has created a new set of rules in which it will be an offence (punishable with a fine of £1,500 to £50,000) to give anyone tax advice (directly or indirectly) which leads to tax saving.

The rules apply to all tax agents, but the term "tax agent" is extended and now includes anyone who gives advice for free, and so will hit charities, such as the Citizen's Advice Bureau, Tax Aid, and Chartered Institute of Taxation's (CIOT) Tax Help for Older People, and apply to other businesses outside the accounting and legal professions such as Radio and TV, newspapers, tax publishers, websites, and tax forums. The fine will be levied at individuals, and so a business could find that all its employees are fined too.

John Whiting, head of tax policy at the Chartered Institute of Taxation, says, "As I read it, you or anyone saving "invest in an ISA and save money" could technically come under the DWD rules.


when are HMRC going to be reined in?

[portseven]

when are HMRC going to be reined in?

My thoughts exactly, they not only need to be reined in, but put down. New Labour have created a beast that has got out of control, and they just keep giving that beast bigger and bigger claws.

[brsltd]

Speaking of out of control beasts....

http://news.bbc.co.uk/1/hi/business/8519803.stm

[ASB]

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.

The gaines-cooper case has been running for a long time. It's worth reading the original judgement. Here is a good starter:-

http://issuesofdomicile.blogspot.com/

[DonkeyRhubarb]

Montpelier Interest Spreadsheet

http://www.connected.adsl24.co.uk/Fo...Calculator.xls

Montpelier have asked me to point out that the figures should only be treated as a guide, and may understate the interest a bit.

The way HMRC calculate the accrued interest is very complicated due to payments on account from previous years etc.

If you want a precise figure then it's probably best to contact your tax office.

[OnYourBikeGB]

The gaines-cooper case has been running for a long time. It's worth reading the original judgement. Here is a good starter:-

http://issuesofdomicile.blogspot.com/

This is pretty stunning. So even when the Revenue officially publish their guidance on how the rules work, you still have no certainty? I know we had a technical circular, but this guy was actually following, to the letter, what HMRC told him to do. Unbelievable! And they can catch you if you have a golf membership? I'm sure there's plenty of Brtish people who have golf memeberships in Spain, for example, it doesn't make them Spanish residents. Carzy, crazy country.

Incidentally, I don't see this as a nail in our coffin. At the heart of it, we still have the issue that HMRC changed the law with S58. Unless I have misunderstood, this one was fought on the law as it stood. HMRC would need to take us on using Padmore in its original form, which even Parker seemed to have problems with. Yep, even him.

[PlaneSailing]

This is pretty stunning. So even when the Revenue officially publish their guidance on how the rules work, you still have no certainty? I know we had a technical circular, but this guy was actually following, to the letter, what HMRC told him to do. Unbelievable! And they can catch you if you have a golf membership? I'm sure there's plenty of Brtish people who have golf memeberships in Spain, for example, it doesn't make them Spanish residents. Carzy, crazy country.

Incidentally, I don't see this as a nail in our coffin. At the heart of it, we still have the issue that HMRC changed the law with S58. Unless I have misunderstood, this one was fought on the law as it stood. HMRC would need to take us on using Padmore in its original form, which even Parker seemed to have problems with. Yep, even him.

Does the converse apply? If I join a golf club in Bermuda, am I resident there?

[BolshieBastard]

http://www.connected.adsl24.co.uk/Fo...Calculator.xls

Montpelier have asked me to point out that the figures should only be treated as a guide, and may understate the interest a bit.

The way HMRC calculate the accrued interest is very complicated due to payments on account from previous years etc.

If you want a precise figure then it's probably best to contact your tax office.

Yep. As I said went I put it up. It should only be considered a guide but thought it was worth sharing nonetheless.

As DR says, please, please only use this as a rough guide and not a definitive statement of exposure.

Ta, BB