BN66 - Round 2 (Court of Appeal)

[Toocan]

What do you guys make of this then?

"The Contractor shall ensure, throughout the term, that neither it nor any of its affiliates or any subcontractors, employees or persons to whom the contractor make payment in relation to the services has in place any arrangement involving the use of any scheme to avoid paying UK tax by diverting income of a UK resident individual to a non UK resident company, partnership or trust of the payments made under this agreement or on any transaction connected with or resulting from the Agreement or the services. This clause shall apply where liability for a UK tax and National Insurance Contributions would exist were the UK resident person to be employed directly by agency/client and whether or not the Contractor is based in the UK"

Reckon HMRC forced this on the agency?

It sounds like it delivers the signer into the hands of IR35.

ie if IR35 applies than you must not use an avoidance scheme that 'offshores' Does this agency claim to have an IR35-excluding contract? Because if they do, they're telling porkies...

[DonkeyRhubarb]

Maybe Hector would think twice if he saw a few baton wielding maniacs on camels headed his way.

I can rustle up a donkey and a cricket bat.

[smalldog]

Well, 3 months plus and no news is good news ?

Good weekend y'all . . .

LL

im looking at it as another 3 months interest accruing

[swede]

I can rustle up a donkey and a cricket bat.

LOL! Great picture :-)

[CanPayButWouldRatherNot]

im looking at it as another 3 months interest accruing

for me its 3 months compound interest working for me on my flexible mortgage ...

to infinity ...and beyooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooond

[TheBarCapBoyz]

Mr Bartholemew

Some dude at the HMRC Debt Management and Banking department in Stoke called Mr Bartholemew has sent me a nasty threatening letter saying we still owe £46k, despite the Montp appeal having gone in on time. They are threating to "take us to court and sell our possessions at auction".

It also says "if you do not send us your returns now, we will have to estimate the amount that you owe. Any estimate of the tax you owe will become a legally enforceable debt."

Nice.

Anyone else received anything like this? Letter going off to NW and TW of course.

[IH8GordonB]

What do you guys make of this then?

"The Contractor shall ensure, throughout the term, that neither it nor any of its affiliates or any subcontractors, employees or persons to whom the contractor make payment in relation to the services has in place any arrangement involving the use of any scheme to avoid paying UK tax by diverting income of a UK resident individual to a non UK resident company, partnership or trust of the payments made under this agreement or on any transaction connected with or resulting from the Agreement or the services. This clause shall apply where liability for a UK tax and National Insurance Contributions would exist were the UK resident person to be employed directly by agency/client and whether or not the Contractor is based in the UK"

Reckon HMRC forced this on the agency?

Slobbo, I'd fight against this being included in your contract, however, it would be interesting to see what a legal bod would make of it. Take for example it says "to avoid paying UK tax by diverting income of a UK resident individual to a non UK resident company", well correct me if I'm wrong but an agency contract is with another company and not an individual. Therefore no money paid out by the agency is the income of a UK resident individual. Seems to make a nonesence of the whole clause.

[OnYourBikeGB]

Some dude at the HMRC Debt Management and Banking department in Stoke called Mr Bartholemew has sent me a nasty threatening letter saying we still owe £46k, despite the Montp appeal having gone in on time. They are threating to "take us to court and sell our possessions at auction".

It also says "if you do not send us your returns now, we will have to estimate the amount that you owe. Any estimate of the tax you owe will become a legally enforceable debt."

Nice.

Anyone else received anything like this? Letter going off to NW and TW of course.

I had a few of these, and not only was my appeal lodged and being processed, but it was still within the 30 day limit I had to apply. When I rang to complain, I was told that they still had the right to seize my assets until the appeal came through. I was more than a little amazed as I am fortunate enough to be able to just about scrape it together, and they weren't even prepared to guarantee me a week to get it together. It was made worse by HMRC removing MP as my legal representatives from their records. I hadn't done it, they had, and then because it had been removed, they refused to speak to MP.

Largely it was down to the debt collection side not being linked to local tax office. In the end, after a brief flurry of activity, it was all put on hold. Mind you, they still kept sending me demands, then apologies for the demands, followed by different demands and more apologies. I got a final apology on the same day I got my final demand.

MP should be able to sort it for you, they did an excellent job for me, despite the clowns they had to deal with.

[moira under the stairs]

Some dude at the HMRC Debt Management and Banking department in Stoke called Mr Bartholemew has sent me a nasty threatening letter saying we still owe £46k, despite the Montp appeal having gone in on time. They are threating to "take us to court and sell our possessions at auction".

It also says "if you do not send us your returns now, we will have to estimate the amount that you owe. Any estimate of the tax you owe will become a legally enforceable debt."

Nice.

Anyone else received anything like this? Letter going off to NW and TW of course.

This is more scare tactics from Hector, get individuals worrying in the expectation that they will crack, divide and conquer approach, that’s why this forum is so good…. for us all to stick together and take on the bullies.

[Buzby]

hmrc trying to collect

This is more scare tactics from Hector, get individuals worrying in the expectation that they will crack, divide and conquer approach, that’s why this forum is so good…. for us all to stick together and take on the bullies.

i would feel much happier if we had something in writing to say Hector will not try to collect until ALL appeals have been concluded.

DR : I think the message of not collecting was from Hector's barrister?