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BN66 - Court of Appeal and beyond

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    This is good news my friends...

    People People People.....I know it doesn't sound like it.... but this "bad" SC news may well be good news. It all depends on whether you are a "glass full" or "glass empty" person. Please read on...

    Instead of another 2 / 3 years of this song and dance routine, continuing to not know what the future may hold, what we now have is a possibility of getting all this rubbish ironed out within the next few months (not sure exactly how long tribunals work or last).

    What is causing us anxiety at the moment is the not knowing what will happen next. This is natural my friends, people do not like change and for the last few years we have been chugging along with our heads in the sand avoiding any change. Now that there is some change in the air, we are acting like frightened mice (shame on us). We need to all have a little bit more patience and stronger hearts.

    Whether they decide to go after us individually or as a group, we do not live in some kind of banana republic where someone wearing a balaclava and armed with a shotgun will turn up on our door steps tomorrow. The worst case will be some middle aged man holding a clipboard instead of a shotgun

    The best case scenario may be considerably better if some kind of deal is struck. More likely is the prospect of some kind of payment plan with HMRC. I used to work with someone who fell foul of HMRC some years ago and he eventually ended up with a long payment plan. He had to make do with a simplified lifestyle for a couple of years, but after that the sun came out to shine again. Money comes and goes, health and family etc are more important. I say this despite possibly having to face a 6 figure bill myself.

    Take the bleeding money... but know this HMRC... (HMRC employees please clean your ears out for this). I AM A CONTRACTOR... (repeat after me everybody)... "I AM A CONTRACTOR"... not some minimum wage employee...but a Lion amongst other corporate world employees "ROAR!!!" God Willing, IF our careers continue, then.... overall (taking into account the rest of our working lives), WE will have the last laugh HMRC not you

    I am not a Scott, but if any of you are Scottish, then Bravehart would be ashamed to look at some of the shaking and whimpering going on here. We are contractors my friends, stand tall and proud. We are used to risk and uncertainty as part of our lives, that's why we chose this path and not the permanent employee route. Have faith in God and your own abilities and walk tall. We are all Lions not mice.

    Big up Donkey Rhubarb. You are a star. I am considering putting a blue plaque with your name on it outside HMRCs offices...it will read." 2012 - The donkey was ere"

    Comment


      Amazed the SC didn't see the public interest case in this.

      Did the Suo Motu case ever reach court. If not, then there is little chance of doing a substantive deal. They might accept a payment plan, but they are not going to forego the interest.

      These deals are basically plea bargains. HMRC may have been approachable 6 years ago (when the scheme was still legal), but not now. They are sitting on a 3-0 lead - they are not going to settle for a draw.

      Comment


        Braveheart

        If it wasn't for the misspelt Scott I had you down as Braveheart in disguise, Futurecat. Like others just opened the brown envelope and tried hard to keep thinking that this wasn't the end but just a hiatus: not so easy to do after absorbing some of the comments on the thread. It is difficult to see where MP can go from here - or am I being blinkered and blinded? Could do with a St Pauls moment on the Road to Damascus but the state of Syria being what it is maybe thats not the best thing to wish for just now.

        Comment


          Maybe I'll have to start offering lessons on spreadbetting to everyone.

          It gives me some comfort to know that my future winnings will not be taxable at all.
          Last edited by SantaClaus; 17 February 2012, 19:31.
          'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
          Nick Pickles, director of Big Brother Watch.

          Comment


            Originally posted by Dieselpower View Post
            DR - really sorry to trouble you but as you seem to be the main "sage" on this forum (and for good reason) and in view of many of us in a complete state of utter panic, is there any way you could perhaps pen down what may happen over the coming weeks/months - my main concern is when will HMRC finally demand the 6 figure sum they will no doubt be after. And when they do, are we all going to tribunals, and if we are, then do you reckon HMRC will hold off enforcing until the tribunals are dealt with etc?
            I feel it would be unwise to speculate when we don't know what Montpelier's strategy is.

            Let's wait for the circular next week and then we'll have a better idea how things are likely to map out.

            Comment


              Originally posted by portseven View Post
              Does this not also set a precedent in law that retrospective tax is OK?

              Thought that is something the SC would want to avoid?
              If I understand DR correctly, the SC have merely(!!!) decided that s58 is compatible with A1P1.

              I'm guessing it means that, in matters of taxation, the State is allowed to deprive persons of their lawfully obtained possessions by lying, deceiving, misinforming and practicing all manner of corruption. The State is entitled to do this so long as it hasn't broken any identifiable UK Law.

              It is also entitled to needlessly & pointlessly fracture the lives of those such as Fog & Jeanvaljean, without so much as causing a ripple in the European Convention of Human Rights.

              Or maybe I've misunderstood.
              Last edited by Disgusted of Coventry; 17 February 2012, 19:34.

              Comment


                Originally posted by DonkeyRhubarb View Post
                And by the way, the goons didn't come up with the retro idea themselves. We've got another lawyer from a Tax Chambers to thank for that.
                Hang on a minute!

                Are you saying that changification/retrospection was outsourced to the private sector? This wasn't the work of a Civil Serpent?

                Comment


                  Originally posted by PlaneSailing View Post
                  Way back when, I looked at the Castlemaine scheme, but I chose MTM as, like you, I thought it was safer as it was fully declared.

                  Genius
                  Yes, it sucks. But at least we will have closure. Those people who are using different schemes that haven't been investigated will be looking over their shoulders for many years after they stop using them. Last time I looked HMRC can go back up to 20 years. After BN66 how can anybody doing some tax scheme sleep soundly if they haven't been through an investigation already? Granted it looks like many correctly administered EBT schemes will slip through the net, but others -as we have seen recently with Rangers - will not.

                  Comment


                    Originally posted by bananarepublic View Post
                    Yes, it sucks. But at least we will have closure. Those people who are using different schemes that haven't been investigated will be looking over their shoulders for many years after they stop using them. Last time I looked HMRC can go back up to 20 years. After BN66 how can anybody doing some tax scheme sleep soundly if they haven't been through an investigation already? Granted it looks like many correctly administered EBT schemes will slip through the net, but others -as we have seen recently with Rangers - will not.
                    Absolutely right! Doesn't mean they're safe, for us were nearly at the end thank god. Those guys have probably got some sleepless nights ahead. It's us this time could be any of them next. Hmrc will be out on the hunt I'm sure

                    Comment


                      Originally posted by Disgusted of Coventry View Post
                      Hang on a minute!

                      Are you saying that changification/retrospection was outsourced to the private sector? This wasn't the work of a Civil Serpent?
                      I'm not sure I'd describe it as "outsourced". HMRC consulted a barrister from a Tax Chambers who came up with the idea.

                      Comment

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