BN66 - Round 2 (Court of Appeal)

[swede]

Welcome

The only thing which has kept the wolves from the door for the past two and a half years is the legal challenge.

If the current appeal is lost then HMRC may hold off pending further appeals, eg. to the Supreme Court, although even this should not be taken for granted.

Please be under no illusions whatsoever though.

Nothing, let me repeat nothing, other than further legal action will deter them from enforcing collection.

Complaining to some Watchdog or Ombudsman will not stop them.

Welcome to the forum. With all the bold/underlining you sound very certain. Can I ask - is this your personal opinion? or something else entirely?

[Potius sero quam numquam]

Yes I'm personally affected by BN66 although I've already been taking steps to mitigate it.

I doubt I know any more than any of you and I'm sorry if I came across as a smart arse. The intention was just to make people think.

We've already had the best part of 3 years since BN66 was announced and we may not have that much more time.

I gamble in my free time so I am used to playing the odds. Before the High Court I assumed we had a good chance. Afterwards I realised I didn't have a clue and that's not a position I like to be in.

It is obvious to me at least that the only thing deterring HMRC from chasing us for payment is the action taken by Montpelier. If that were to stop for whatever reason then it would only be a matter of time before we were hit with final demands.

Of course I hope the courts decide in our favour but as a gambler I have learned to pay more attention to the downside.

I don't have anything else to add so I will wish you all well and duly retreat to my hiding place.

[Ganymede]

HOPEFULLY

Interesting !!

Tax: 450k more caught in tax fiasco, admits HMRC | Mail Online


" This decision follows a little-known loophole, highlighted by this newspaper in September, which many pensioners could have benefitted from.
It is called the A19 concession, and states that HMRC will back down if the victim 'could reasonably have believed that his or her tax affairs were in order.'
Mike Warburton, senior tax partner at the accountants Grant Thornton, who highlighted the A19 concession, commended HMRC for taking 'a sensible approach."


Surely this applies to us ?


Read more: Tax: 450k more caught in tax fiasco, admits HMRC | Mail Online

[Fireship]

Interesting !!

Tax: 450k more caught in tax fiasco, admits HMRC | Mail Online


" This decision follows a little-known loophole, highlighted by this newspaper in September, which many pensioners could have benefitted from.
It is called the A19 concession, and states that HMRC will back down if the victim 'could reasonably have believed that his or her tax affairs were in order.'
Mike Warburton, senior tax partner at the accountants Grant Thornton, who highlighted the A19 concession, commended HMRC for taking 'a sensible approach."


Surely this applies to us ?


Read more: Tax: 450k more caught in tax fiasco, admits HMRC | Mail Online

Agreed, I submitted my tax returns with full disclosure and HMRC routinely challenged them. Over the years despite numerous requests for a technical argument HMRC failed to provide any details for the challenge (we now know there were no grounds for a challenge) and I therefore believed my tax affairs were in order!!

Interesting that they reckon this latest fiasco will cost £180m in tax receipts which is only £20m less than our case represents, yet in this case HMRC immediately wipe the slate clean without so much as an argument whereas with us they sit on their thumbs for years then try every dirty trick in the book, and when that doesn’t work they change the law retrospectively!!!! So tell me again Mr HMRC, how exactly does that word “fair” apply again??

[Emigre]

There's only one issue with that assumption...HMRC make so many mistakes that on the balance of probabilities they got most people's tax returns wrong. Shouldn't one therefore assume its wrong until its proved right?

Odd isn't it that we get penalised for submitting an incorrect return while they simply crawl into the tardis and screw peoples lives up. Its not a level playing field, the two halves aren't even in the same timezone.

Add to that the heavy handed and systemmic abuse of authority by HMRC and you end up with not so much a sports field but a recreation yard in HMP.

[DonkeyRhubarb]

Montpelier Press Release

This was issued yesterday.

At a hearing before the Isle of Man Court on 11th January 2011 the search warrant used by the Isle of Man Constabulary to enter and search the offices of Montpelier Tax Consultants and Montpelier Trust Company in the Isle of Man on 29th September 2010 was quashed and the search and entry declared unlawful. All material seized must now be returned and the Isle of Man Constabulary has agreed to pay Montpelier’s legal costs. Montpelier believes that it has been totally vindicated in its challenge to the issue of the warrant.

The search warrant in the Isle of Man was instigated by HMRC in the UK which is carrying out an investigation into the implementation of four tax plans by Montpelier for its UK clients. Montpelier believes that HMRC is misconceived in its reasons for the said investigation and that the seeking of a search warrant in the Isle of Man by HMRC was heavy handed and wholly inappropriate when other less intrusive methods of obtaining information were available. Montpelier was particularly disappointed that the Isle of Man Government should permit HMRC officers to be sworn in as Isle of Man Special Constables to enable such persons to be exercising the powers of a Special Constable for a day and then leave.

The highly publicised search of Montpelier’s offices in the Isle of Man has severely damaged the business of Montpelier resulting in over 40 compulsory redundancies before Christmas. That was both regrettable and avoidable and while it is pleasing to Montpelier that the Isle of Man search warrant has been quashed that is of no comfort to those members of staff who lost their jobs. Montpelier will now pursue a claim for substantial damages for the unlawful entry, search and seizure.

[SantaClaus]

This was issued yesterday.

It makes a nice change from all the doom and gloom.

I sincerely hope MontP sue the pants off HMRC.

200M should do the trick!

[Emigre]

This was issued yesterday.

It makes a nice change from all the doom and gloom.

Thanks DR.

Its hard not to pull out the reference to the heavy handedness and inappropriateness of HMRC.

It can't be too much of hill to climb to conclude that HMRC misled the IOM Courts into allowing them in in the first place. It seems that HMRC are making a habit of misleading people. How far apart are misleading and lying and perjury. If they lied in Court would equal perjury. Does that mean we could lock them all up And they expect our sympathy, I don't think so.

[Emigre]

I sincerely hope MontP sue the pants off HMRC.

200M should do the trick!

No Santa, my rates gone up, its £201 million now.

[Buzby]

HMRC getting it wrong

This was issued yesterday.

It makes a nice change from all the doom and gloom.

Lets hope someone in HMRC is going to be held responsible for this, and maybe then someone higher up in HMRC might take a wider look at how HMRC have dealt with Montp.