BN66 - Round 2 (Court of Appeal)

[TheGaffer]

Letter sent to Rob Wilson (Con MP Reading East).

[DonkeyRhubarb]

Could you expand on this DR?

I thought it was suspended anyway having appealed the CN's.

Have a read of this:

HMRC to force taxpayers to "pay up" when appealing tax cases

Press Release

This is why it's significant that HMRC have agreed to defer collection in our case until the legal process has concluded.

[TAF4]

HMRC to force taxpayers to "pay up" when appealing tax cases

"If the Tax Tribunal decides the case in HMRC's favour, the law entitles HMRC to collect the disputed tax at that point – even if the taxpayer is pursuing an appeal to the Upper Tribunal or Higher Courts."

I didn't realise we were so exposed!!

[smalldog]

Adam Afriyie Conservative MP for Windsor

that'll be at least the second one he gets then!

[DonkeyRhubarb]

"If the Tax Tribunal decides the case in HMRC's favour, the law entitles HMRC to collect the disputed tax at that point – even if the taxpayer is pursuing an appeal to the Upper Tribunal or Higher Courts."

I didn't realise we were so exposed!!

To be honest, although there there was a theoretical possibility that HMRC might have tried to enforce collection, it would have stirred up such a political tulipstorm that they would never have dared risk it.

[CanPayButWouldRatherNot]

repeal the act

Between addresses so sent a rehashed letter to:-

Paul Burstow (lib dem) Sutton & Cheam

and

Justine Greening (conservative) Putney

Soft & hard copies sent.

[dpthomas007]

Hello everyone - just joined today

I have sent the letter to our new Tory MP (Simon Hart)

[DonkeyRhubarb]

Update

We have just passed the 200-letter mark and I'm still getting requests.

Although it's very early days yet we've already had one very positive response from a Government Minister. I don't want to say any more than this at the moment partly because our "friends" might be reading this but also because I don't want to jinx it.

[smalldog]

We have just passed the 200-letter mark and I'm still getting requests.

Although it's very early days yet we've already had one very positive response from a Government Minister. I don't want to say any more than this at the moment partly because our "friends" might be reading this but also because I don't want to jinx it.

I should hope we can rally some support now that inept government are no longer in power...we just need the big cheeses in HMRC to realise the error of their ways before they get slapped down by Dave and George..I would rather change my stance before being told to change it by someone else..

[DonkeyRhubarb]

I should hope we can rally some support now that inept government are no longer in power...we just need the big cheeses in HMRC to realise the error of their ways before they get slapped down by Dave and George..I would rather change my stance before being told to change it by someone else..

I'm sure HMRC must have realised that s.58 was at risk if there was a change of Government.

And there is an easy way for the Government to sell this without appearing to side with tax dodgers. By repealing s.58, all they would be doing is restoring the law to what it was prior to 2008.

HMRC could still take us through the tax tribunal route. If s.58 was merely a clarification of the law, and the scheme never worked, then it shouldn't make any difference to the final outcome.

I think the problem for HMRC may come when Ministers open the Treasury files on s.58 and see the advice HMRC gave to the Labour government and the various legal opinions they obtained on the scheme. These documents may not support the "clarification" argument.