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BN66 - Court of Appeal and beyond

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    Originally posted by portseven View Post
    Is this not the time to strike while the iron is not?

    Can we put together a press release and get it to the press regarding our little 'retrospective issue'

    Needs to be done soon (next week or so) before it moves out of public perception.

    Perhaps now is the time to think about forming a proper organization to represent us all - we could all pay a small amount as a subscricption which could then be used to help fund the press releases. It may carry mor weight this way ?

    We currently have 3000 small voices and we need a big one !

    Just an idea.

    Comment


      Writing to Members of Parliament

      Hundreds of people have written to their MPs over the past 3 years, in many cases sending several follow-up letters.

      It hasn't made a jot of difference.

      MPs have been generally sympathetic but that's about all.

      I, and others, have also contacted various journalists and there is very little interest in our story.

      The simple truth is that, unlike Barclays, we are not newsworthy.

      Comment


        Barcap & ECHR?

        Originally posted by stuffed View Post
        I have a google alert for retrospective tax. Used to mainly just get the obscure Vodafone India issue.
        It has now gone crazy with Barclays articles, so here is some writers who might be worth contacting.
        In addition in watching the Sky Interview last night they had a tax expert that claimed that no retrospective UK tax laws had been put through since the 1970's. Probably worth clarifying our situation with him.
        As Barcap is the hot topic - would they also be affected by the outcome of the same ECHR case as ours?

        Comment


          Originally posted by DonkeyRhubarb View Post
          Hundreds of people have written to their MPs over the past 3 years, in many cases sending several follow-up letters.

          It hasn't made a jot of difference.

          MPs have been generally sympathetic but that's about all.

          I, and others, have also contacted various journalists and there is very little interest in our story.

          The simple truth is that, unlike Barclays, we are not newsworthy.
          A few things have changed though DR...

          The courts process has now run its course. MP's cant use that excuse any more.

          Retrospection is in the news. OK, I can count the sympathetic journalists on one hand, but it's a start.

          Previous to the Supreme Court, we didn't want to influence the court's decision by pandering to the press and getting negative reaction. Now we have nothing to lose.
          'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
          Nick Pickles, director of Big Brother Watch.

          Comment


            Originally posted by DonkeyRhubarb View Post
            Hundreds of people have written to their MPs over the past 3 years, in many cases sending several follow-up letters.

            It hasn't made a jot of difference.

            MPs have been generally sympathetic but that's about all.
            Given what's at stake, surely anything's worth a shot. This business is so insane, the eventual outcome might very well turn on a sixpence.

            You're probably right about MPs being a waste of time, but we'll give it a go anyway.

            Comment


              Emperor’s new clothes

              Newbie...

              After over 3 years of monitoring this board I have finally got to the point where I need to take action (register and comment on the board and get a letter to my MP).

              For years I had the false believe the law lords of the country would see sense and understand that in any “fair” society any retrospective changing of the law is abhorrent. After each court set-back I thought well the next lot will see sense.

              For me I was in a position where I joined the Mont. scheme as some of my work had the potential to fall under IR35 legislation. As this legislation was so poorly worded I did not want HMRC coming back to me after 6 years and saying actually all these years you should have been inside IR35 and wacked with a huge tax bill. I wanted a solution enshrined in law, unambiguous and backed by an eminent force in the tax planning field (namely Mont.). What I did was within the law at the time and don’t forget we were paying most of our Tax in the IOM. It just happened to be 0%

              As this was law some of my business decisions were based on this.
              1) My contracting rates that I accepted or jobs I quoted for were lower than I would have normally taken as my tax burden was less.
              2) Holiday’s taken were a little longer (unpaid obviously) as I had plenty of work and needed a break.

              Do you think it would be possible for me to go back now to companies I have worked for and say “well actually my tax burden is now a lot higher as HMRC has changed the law retrospectively so I need to charge you an additional £50 a day for the 46 day of work I did for you”

              Conversation with my wife “You know that holiday we had in Portugal in April 2007.... well actually we couldn't afford it after all"

              I am desperately trying to pull together information to send to my MP but there seems to be so much information around that I fear if I send all the bits and pieces it will be far too much information for them to understand.

              Does anyone have a clear and concise punchy summary of where we are at with this that they have sent to their MP that I can use or glisten information from?

              Comment


                Originally posted by DonkeyRhubarb View Post
                Hundreds of people have written to their MPs over the past 3 years, in many cases sending several follow-up letters.

                It hasn't made a jot of difference.

                MPs have been generally sympathetic but that's about all.

                I, and others, have also contacted various journalists and there is very little interest in our story.

                The simple truth is that, unlike Barclays, we are not newsworthy.
                What about a press pack? Rather than taking out adverts, writing to MPs etc, we organise and send a press pack to the likes of the BBC and ask them to raise with a minister next time they are on spouting about tax avoidance, why they are only prepared to bankrupt up to 3000 small businesses with retrospection, but not go after the big boys with 7 years worth? We could send it to anyone who has understood the seriousness of retrospection. It'd show the ministers up to be hypocrites as well as accountable for the actions of their HMRC masters. Perhaps in this way, they may want to avoid bankrupting us.

                Note for he HMRC trolls. It's something that could continue on for years after the tribunals are done and dusted, only then you'd like even more like a bunch of tulips.

                Just noticed 'stuffed' making a similar point. Didn't mean to steal your thunder there!

                And portseven! Guess I win the most unoriginal idea of the day prize then. I hope it's a six figure sum.
                Last edited by OnYourBikeGB; 29 February 2012, 19:33.

                Comment


                  Nice article

                  Selling the Rule of Law for £500m | Adam Smith Institute
                  Lord Clyde in 1929: ‘No man is under the smallest obligation, moral or other, so to arrange his legal relations to his business or to his property as to enable the Revenue to put the largest possible shovel into his stores. The Revenue is not slow to take every advantage which is open to it under the taxing statutes for the purpose of depleting the taxpayer’s pocket. And the taxpayer is entitled to be astute to prevent, so far as he honestly can, the depletion of his means by the Revenue.’

                  Comment


                    Press pack NOW

                    Originally posted by portseven View Post
                    Is this not the time to strike while the iron is not?

                    Can we put together a press release and get it to the press regarding our little 'retrospective issue'

                    Needs to be done soon (next week or so) before it moves out of public perception.
                    Agreed, we need an Information/Press pack NOW!

                    All the articles I've read on Barcap refer to it as the first significant retrospective tax, as if we don't exist. We obviously were not ready this time but make no mistake, this is not the last time HMRC will use their time machine. They've now got a taste for it.

                    The Information pack should bring together all the information we have, starting with IR35 (joining motive), legality of our scheme at the time, HMRC's total disregard for their own rules and processes, hypocracy of their own tax avoidance measures, misleading of Parliment, quotes from then opposition MPs and now ministers, farcical court cases with wooly arguments on "fairness", the refusal of Supreme Court to look at it, and now the propspect of ruining the lives of ordinary, hard working, law abiding citizens.

                    To create a professional press pack (which can aslo be used to send to our MPs, etc) needs money amongst other things. Let's put a fund together and present our case in the best consistent way possible. I'm in.

                    Comment


                      Blimey.

                      OK,
                      Bit new to this and all I can do is repeat the heartfelt thanks repeated by others for posting the reams of important updates and advice.

                      For me, I was with MTM from 2003 to 2005 (I've just found the confidentiality agreement noting a meeting with their sales manager) and have received letters from HMRC mostly ignored (and I know how stupid that was) from 2008 as I'd advised them at that time that I was part of the ongoing MTM appeal.

                      For some reason MTM haven't responded to any of correspondence by e-mail or letter so have been in the dark since. Thanks for the updates on the letters, even if of late they've been of no hope...

                      The most recent HMRC letters I received (Nov 2011 and Feb 2012) and of course the SC judgement has brought me here via research.

                      It seems, as DR says, that appealing to MPs isn't working. The SC judgement of course sounds final in the HMRC letter, but posters here seem sure that it must be referred to Strasborg - is there any certainty to this? I'm guessing it's via PwC and possibly MTM...

                      Apologies for only contributing lately. What's that sound ? Oh that was my head being plucked from my ass....

                      It's if bugger all use but I can only sympathize with those who've far more to lose than I. It's worrying hearing about the profound stress we're obviously all under. Do try and relax about it tho - there's no interest in them making people or families destitute and deals can be struck; as others have noted appealing against the interest pre 2008 or trying Suo Motu terms seem like good places to start.

                      I just can't tell if it's worth trying to cut a deal yet or is there a realistic chance of it reaching Europe??

                      Comment

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