BN66 - Court of Appeal and beyond

[DonkeyRhubarb]

Thanks DR, I checked but NI does not seem to be added there!

If I ask them would they send me the figures? Is it ok to ask as well? I need figures FROM HMRC for some legal stuff. Mont have given me the figures but need 'official' ones (which seem to be slightly different too!)

My account figures online match what was in my closure notices and do include NIC.

I would ask HMRC for a statement of account including interest accrued to date.

[bve534]

PR campaign and timeline summary

I like the idea of the timeline summary and combining it with a PR campaign (sorry, I can't recall if I signed up for it previously). Count me in.

I have prepared a timeline summary and included it in one of many letters written to the Treasury. Unfortunately their replies (signed off by by David Gauke) only prove that this Govt is no better than the last. In 2001 I watched as my Equitable Life pension evaporated overnight while IR35 was being introduced. A double blow that threatened to shatter everything I had worked for for many years. I worked as an engineering consultant through a limited company for many years prior to 2001 and paid more than my fair share of tax. Now I was being put in the position where my biggest regret was leaving employment. New Slavery simply could not grasp the consultancy concept nor accept that if we were unemployed or ill we earned zero. I wrote numerous letters to the Treasury and their letters (signed off by Dim Prawn) confirmed they didnt understand our situation!! Faced with the threat of IR35 on top of my disappearing pension what would any person who cared for his family do, try to fight back. Any scheme that offered certainty against IR35 was a godsend and given my position in 2001 I would do the same again everytime. The scheme has honoured everything they said they would on day one and no-one can expect more than that.

I am now in a situation that I might not expect as a citizen in one of the worlds worst dictatorships. As a citizen of the UK which claims to be the mother of all parliaments I am being offered 20% of my Equitable Life pension losses in incremental payments over several years without interest while facing an unlawful retrospective tax on my income with full interest penalties back to 2001. Even Robert Mugabe might think that was a step too far (and I am probably being too harsh on Robert Mugabe)!! All of this has happened while the UK has been fighting the rest of the world to introduce -- yes you have guessed it - democracy! To achieve this situation (both pension losses and retrospective taxation)numerous politicians (from both parties) in the mother of all parliaments have lied through their back teeth. Yes we need a full page advert to explain the facts.

[SLB]

I have uploaded a draft letter. Feel free to modify as you see fit.

HMRC letter.rtf


PS.

I have also raised an FOI request about this.
Closure Notices with no prior enquiries - a Freedom of Information request to HM Revenue and Customs - WhatDoTheyKnow

Thanks for the template DR! Can you remind me what the timescales for hector to reply are? I'm going to put that in my letter as they are bound to witter on about xmas/busy period etc. and think that is a satisfactory reason for abusing their own rules. Thanks.

[centurian]

facing an unlawful retrospective tax on my income with full interest penalties back to 2001. Even Robert Mugabe might think that was a step too far (and I am probably being too harsh on Robert Mugabe)!!

While I admit you have been hard done by - BN66 wouldn't even raise an eyebrow with Robert Mugabe. If this government had taken a leaf out of Mugabe's book, your house and possessions would have been seized years ago - no appeals process, no courts - and if you protested too hard, you would have simply been shot dead in front of your family.

[DonkeyRhubarb]

Thanks for the template DR! Can you remind me what the timescales for hector to reply are? I'm going to put that in my letter as they are bound to witter on about xmas/busy period etc. and think that is a satisfactory reason for abusing their own rules. Thanks.

I'm not sure there are any timescales. If they don't reply within a reasonable timeframe start sending fortnightly reminders.

You could also send it recorded delivery so they can't claim they didn't receive it.

My usual tactic when dealing with useless organisations is to keep sending the same letter over and over like this:

Dear ...

I first sent you this letter on www and you did not reply.

I sent the letter again on xxx and you still did not reply.

I sent the letter again on yyy and you still did not reply.

I sent the letter again on zzz and you still did not reply.

As you can see I am a persistent bastard.

[BrilloPad]

As you can see I am a persistent bastard.

And thats why we love you DR.

[bve534]

PR campaign

While I admit you have been hard done by - BN66 wouldn't even raise an eyebrow with Robert Mugabe. If this government had taken a leaf out of Mugabe's book, your house and possessions would have been seized years ago - no appeals process, no courts - and if you protested too hard, you would have simply been shot dead in front of your family.

Yes you saw through it - I was exaggerating slightly!! But to say I have been "hard done by" is under estimating my situation in a similar manner! My pension savings were fraudulently stolen (a six figure sum) and BN66 is an unlawful retrospective tax that has been retrospectively imposed with interest - thats not a bad starter for being "hard done by". It is the UK that THINKS it is the home of democracy and the mother of all parliaments and has been fighting the rest of the world in the name of removing dictatorships and introducing democracy. Perhaps you think the Govt in a democracy can behave with double standars but I dont. We must really be the laughing stock of the world when the MPs expense cheating came to light. Did you realise that in the recent edicts on tax avoidance MPs are exempt from prosecution. The Coalition, realising what retrospective taxation would do to UK plc, has introduced guidelines on retrospective tax but allow BN66 to remain valid. We are close to another election (in political terms) when a new party may gain power. That party will be desperate to raise money (like all govts for decades), it will almost certainly have retrospective taxation as a weapon established in the UK as legal precedent and has an opportunity to tear up those tax guidelines. Obviously they wont retrospectively tax the general public but will pick their weaker long-established targets, which might just include contractors.

How many of those 30 people who support the PR campaign are willing to club together with me to raise the money to take out a full page advert
in a broadsheet paper explaining the facts of this case and its ramifications?

[BolshieBastard]

My account figures online match what was in my closure notices and do include NIC.

I would ask HMRC for a statement of account including interest accrued to date.

What!?

A few people in the know told me NI contributions I had continued to pay via my ltd co since leaving the scheme and retained by HMRC on account of the scheme, did not count towards my exposure. I was told to reclaim this money which I did. I got a cheque from HMRC for about a grand.

Does this now mean I've left myself exposed to another grand of NIC contributions backdated to the time I was in the scheme in early 2000 plus the interest that will now be applied?

[seadog]

How many of those 30 people who support the PR campaign are willing to club together with me to raise the money to take out a full page advert
in a broadsheet paper explaining the facts of this case and its ramifications?[/QUOTE]



A PR campaign might be a good idea if we have an end objective.

Just paying £30k would not achieved much unless it was followed up with a vigorous campaign to get the restrospective element of S59 repealed back to March 2008 when BN66 was announced.

That at least would be in line with the parliamentary Rees rules and previous HMRC protocols of closing down quite legal tax loopholes.

If HMRC dont like that let them fight the case on pre S58 legislation.

[Ninja]

Harnett is history

BBC News - Tax boss to retire in summer 2012

Shall we organise a whip 'round?