BN66 - Round 2 (Court of Appeal)

[loftedtag]

Tax Avoidance Form

I joined the scheme in 2005 and remember one of the things MTM told me to do was to send a tax avoidance form to HMRC recorded/registered post. I cannot remember the name/number of the form or where I sent it so, but I remember checking that HMRC received this. I do remember the form had the avoidance scheme no on it. Did anyone else remember sending this?

A no point did HMRC acknowledge that I sent this form or did they write back and say this scheme was under investigation, if they had written back advising of any investigation I would not have continued with the scheme. I did ask the salesman whether he knew of any investigations and he said he was not aware of any.

I fully lay the blame at HMRCs door, they left it till Xmas 2007 to write to me and quote Padmore at me, they had a chance to warn me in 2005 and neglected to do that! It might have even been 2008 I cannot remember without going through my files which is too depressing and time consuming.

[DonkeyRhubarb]

I think you're totally and utterly wrong. HMRC are just civil servants doing the jobs that they're paid for. Responsibility for this fiasco lies with the politicians who drafted and voted for the retrospective legislation.

HMRC doing their jobs? Where have you been the past 9 years?

I know from FOI requests that it was officials in HMRC who devised and drafted the legislation. That's why their names are on the BN66 press release and presumably why they, and not HM Treasury, are defending it in court.

Obviously the Labour Government were responsible for tabling it, and Parliament responsible for passing it. However, the facts were very carefully manipulated long before it ever got to a vote.

Please don't be taken in by the "nothing to do with us" bullsh.t from HMRC.

They are the real instigators of BN66.

[moira under the stairs]

HMRC doing their jobs? Where have you been the past 9 years?

I know from FOI requests that it was officials in HMRC who devised and drafted the legislation. That's why their names are on the BN66 press release and presumably why they, and not HM Treasury, are defending it in court.

Obviously the Labour Government were responsible for tabling it, and Parliament responsible for passing it. However, the facts were very carefully manipulated long before it ever got to a vote.

Please don't be taken in by the "nothing to do with us" bullsh.t from HMRC.

They are the real instigators of BN66.

I take it DR you use the word 'facts' in the loosest of context !!!!

[DonkeyRhubarb]

I take it DR you use the word 'facts' in the loosest of context !!!!

Indeed!

The Treasury hold surprisingly very few documents on BN66, and virtually everything they do have originated from HMRC.

For example, the file contains 5 legal opinions and they have admitted that every single one of these came from HMRC.

The way I see it, Labour just rubber stamped what HMRC asked for, and then used their majority to rail road it through Parliament.

Yes they do have responsibility but I am in no doubt whatsoever that the real villains are HMRC.

[javadude]

If they don't move on from quoting internet forums then I think we're in a good position.

[DonkeyRhubarb]

FOI requests

For those of you who don't know, I've been plugging away at this for the past 18 months or so.

Mostly I've hit a brick wall of evasion and obfuscation but there have been one or two interesting discoveries.

Feel free to browse.

Nigel Jagger - Freedom of Information requests - WhatDoTheyKnow

Btw, HMRC know exactly who I am so there's no point me trying to hide. I'm actually quite suprised they haven't trumped up charges to have me arrested yet.

PS.

The following 2 requests are now in the hands of the Information Commissioner:

http://www.whatdotheyknow.com/reques..._november_2007
http://www.whatdotheyknow.com/reques...rospective_mea

[Donnie Darko]

I am in no doubt whatsoever that the real villains are HMRC.

Ditto.

[Johnnycomelately]

RFI

All. I've signed up following a letter i have received from HMRC this week. I found this thread via google, and have read all posts since the end of September (date of the MP office raid)

First of all, by way of introduction;

I am not a contractor
I work in the City
I am advised by MP (as a derivatives trader)
I am due before the Tax tribunals in the near future (scheduled for a similar time to your BN66 CoA hearings from what i have read).

For reference, the letter from HMRC said "MP are under criminal investigations....investigating whether certain tax avoidance schemes have been implemented fraudulently". They go on state that they are seeking a postponement in my hearing (and that of other appellants).

Questions i have?
Who is the 60 year old from MP that was arrested and released?
Anyone any further information on which particular MP avoidance schemes HMRC have in their sights? (i have read about charity donation schemes, medical industry specific schemes, BN66 etc, but nothing specific).

Also, given my letter from HMRC appears economical with information as to why exactly they are seeking a postponement, I wonder if anyone would like to venture as to the pros & cons of agreeing to such a suggestion. (eg. looking to buy time on all MP schemes even if they only have 1 or 2 in the frame for fraudulent implementation).

Many thanks

[jac]

Another newbie here as well. Recently received the request for all financial info for last 6 years. Primarily I assume due to tax efficient schemes. The letter may be a standard one being issued at the moment - starts off referencing my last tax return but goes on to request docs for 6 years and throws in the name and shame threat for good measure - will be a lot of reading for someone at HMRC! The request was primarily sent to my accountant with a copy sent to me.

History: previously employed by Actinium and now by Hamilton Trust.

Anyone else with similar history who is ahead of me in the process - would appreciate a PM so we can maybe share experience and possibly save some grief.

cheers + good luck yo you all.

JAC

Just Another Contractor

[DonkeyRhubarb]

All. I've signed up following a letter i have received from HMRC this week. I found this thread via google, and have read all posts since the end of September (date of the MP office raid)

First of all, by way of introduction;

I am not a contractor
I work in the City
I am advised by MP (as a derivatives trader)
I am due before the Tax tribunals in the near future (scheduled for a similar time to your BN66 CoA hearings from what i have read).

For reference, the letter from HMRC said "MP are under criminal investigations....investigating whether certain tax avoidance schemes have been implemented fraudulently". They go on state that they are seeking a postponement in my hearing (and that of other appellants).

Questions i have?
Who is the 60 year old from MP that was arrested and released?
Anyone any further information on which particular MP avoidance schemes HMRC have in their sights? (i have read about charity donation schemes, medical industry specific schemes, BN66 etc, but nothing specific).

Also, given my letter from HMRC appears economical with information as to why exactly they are seeking a postponement, I wonder if anyone would like to venture as to the pros & cons of agreeing to such a suggestion. (eg. looking to buy time on all MP schemes even if they only have 1 or 2 in the frame for fraudulent implementation).

Many thanks

Hi, and welcome to our little gathering.

If you phone MP they will read out an official statement, including details of who was arrested and subsequently released without charge.

What has been reported here about the raid has largely been rumour and heresay. We don't really know for sure which scheme(s) are involved.

HMRC may be trying to postpone the hearing because they haven't yet got their hands on the documents and computers that were seized, which I believe are still being held by the authorities in IoM. Or perhaps they're stalling for time because their case is pants.

I would discuss with MP as to whether to go along with HMRC's request. The only thing I will say, based on our experience, is don't trust HMRC! They committed in writing to take our case to the Special Commissioners (now Tax Tribunal) and then did nothing for years before stitching us up with retrospective legislation.

If you want to discuss offline, email me at [email protected]

Cheers
DR