BN66 - Round 2 (Court of Appeal)

[Buzby]

Ctd

Sorry if this have been covered before, but about to make a CTD and wondered why I do not specify my tax reference or NI number - how do they link my certificate with my growing interest?

Checked on the HMRC web site and is says to include the following in the letter :

* the name and address of the depositor
* the date
* the amount of the deposit
* if the deposit is being made on behalf of a trust, provide the names of the trust and of all trustees
* if the deposit is being made on behalf of an estate, provide the names of the deceased and of all executors

thanks.

[Toocan]

If i have something to say i will "stand up" and say it.

I am having to do a lot of research into the Huitson case to prepare for my own case in March (you are all invited).

I have come to the conclusion that Justice Parker was correct for one simple reason which (in my humble opinion) cannot be defended.

The IR35 scheme used a "sleight of hand trick" to get round the 1987 "Padmore" legislation (which itself was retrospective to the late 1940's) i.e. take the Padmore scheme and insert a "transparent" trust between the partnership and the taxpayer.

Therefore (according to Parker) the promoter and the users of the scheme should have been prepared for the same treatment i.e. retrospection.

Oh Alan! You clearly need a hug and a nice cup of tea. Forget about trying to come to conclusions - it's just not your thing. Why not make your peace with the other side and try to come to some settlement. We all understand, you were ill and couldn't help yourself. What you need to do now is find something less stressful to do and get on with your life. You can't want to fight and upset people - I trust you want something better than that.

I've never heard of a successful partnetship with HMRC (just think of EDS) so you should give that one up. Actually, the Mapeley Steps scheme was quite successful now that I think about it....I don't suppose you had anything to do with that?

[BolshieBastard]

Sorry if this have been covered before, but about to make a CTD and wondered why I do not specify my tax reference or NI number - how do they link my certificate with my growing interest?

Checked on the HMRC web site and is says to include the following in the letter :



thanks.

One assumes they do a search of their 'paid to' account for the amount followed by the reference you state when making the payment ie your name and, the date made.

However, they must be pretty tulip at writing queries or else they manually check all deposits made from the day you say you made the deposit ie you make the authorisation today but it wont hit their account for at least 3 working days, since I made my CTD deposit near 3 weeks ago now and havent heard anything.

I suppose the twats want you to pay for a CHAP transaction (£25?) to make their job easier to 'spot' your payment. Well **** that, they are getting a virtual free loan off me so I aint paying £25.

If I dont hear anything by the end of the month, I guess I'll have to write a letter to them and ask what the delay.

[DonkeyRhubarb]

Sorry if this have been covered before, but about to make a CTD and wondered why I do not specify my tax reference or NI number - how do they link my certificate with my growing interest?

The CTD is linked to you by your name and address. You would only need your NI number or tax reference when you use the CTD to pay your tax bill.

[xtal]

Hello,

Long time lurker here, I was a scheme user for several years along with half a dozen good friends.

I'll start with a question if that's alright. I bought a CTD in 2008 and am going to top that up as it currently isn't enough to offset the interest. The CTD I have already has my old address on and the new one will have my current address. I'm a tad concerned they dont link this to you by UTR or NI number. How do I know if my 2008 CTD is in the right pot to offset interest and my new one (not yet got) with new address also goes to the right place. Maybe I'm being overly paranoid, but now I have moved house and the only link is my name and for sure I'm not the only UK tax payer with my christian name and surname. Obviously I have the certificate, ut what if I lose it, what if someone else with my name also has a CTD. How do HMRC avoid the confusion ?

[Rhydd]

Deal with HMRC

http://business.timesonline.co.uk/to...cle7037315.ece

[Broke]

Ctd delays

I paid some monies for a CTD on the 5th of Feb and hadn't heard anything after 2 weeks or so. I called them on 01236 785202.
They looked into it while I was on the phone, obviously found my payment sitting somewhere, apologised for the delay and said the CTD would be posted out that night. I got it a couple of days later.

[elpinar]

Hello,


I'm a tad concerned they dont link this to you by UTR or NI number. How do I know if my 2008 CTD is in the right pot to offset interest and my new one ?

I had thought the whole idea was that they DONT know you have the CTD until the final curtain goes up ...... otherwise they would 'know' who is effectively up to make payment. The entire point is that you have the money sitting almost anonymously from your tax bill, and then, when the tax bill arrives you drum up your CTD and they have to adjust the interest portion - so it nets out the interest - it does not physically get linked to your bill now and stop the interest accruing

[DonkeyRhubarb]

I had thought the whole idea was that they DONT know you have the CTD until the final curtain goes up ...... otherwise they would 'know' who is effectively up to make payment. The entire point is that you have the money sitting almost anonymously from your tax bill, and then, when the tax bill arrives you drum up your CTD and they have to adjust the interest portion - so it nets out the interest - it does not physically get linked to your bill now and stop the interest accruing

Couldn't have put it better myself.

[DonkeyRhubarb]

More parties enter the fray

Received this tip off concerning a Wealth Management (WM) company with clients affected by s58.

Of the Big 4 accountants, we now have 3 lined up against HMRC:

HMRC PwC
HMRC KPMG
HMRC Ernst & Young

This particular business has several clients caught by the legislation and they have teamed up with KPMG and E&Y for the legal fight. Apparently the scheme was sold as a product by several such WM businesses - I would have assumed that all such professional entities would have completed their own due dilligience before recommending their own clients.

The short summary: They all believe the legislation is grossly invalid and will fight it all the way. In the meantime, let the process run and do not capitulate to HMRC demands.