BN66 - Court of Appeal and beyond

[centurian]

Is this 4% an extra "the scheme definately worked because HMRC haven't issue a CN in time" bonus to MP

[DonkeyRhubarb]

Is this 4% an extra "the scheme definately worked because HMRC haven't issue a CN in time" bonus to MP

No. In the first couple of years of the scheme the 10% fee was split 60/40. 6% was payable immediately and the remaining 4% was only payable if there was no further tax/nic to pay.

If HMRC did not open an enquiry within the 12-month window then MP requested repayment of the 4% on the basis that HMRC were out of time.

MP maintain that HMRC have no right to use discovery to open a late enquiry since everything was fully disclosed on the tax returns.

[centurian]

I thought fees were 15% - or was this in later years. Either way, that's quite a bit of dosh to MP over the years if 2,000 people were in the scheme

Good luck for tomorrow - never got involved in the scheme myself, but still followed it with close interest over the years, so will be frantically F5-ing at ClientCo tomorrow.

[AJDUK]

There are a fair few people in this situation.

You should find that MP have cited different grounds of appeal against this CN ie. HMRC were out of time.

If both the Huitson and Shiner cases are unsuccessful, then these CNs would be challenged at a tax tribunal.

In the unlikely event that you had to pay tax then you would be due a refund of the 4%.

As I have said before DR, this being charged 4% happened to me too, and HMRC had already enquired into two previous years and then into subsequent years. My CN's quoted all years, so that fact that I didn't receive an enqiry letter for the year in the middle hasn't changed anything.

When MP charged me the 4% I protested on the grounds that an appeal was already open for two previous years and that it was inconceivable that they wouldn't just carry on enquiring, but MP just took the money from my payments without my permission.

The reason for me replying is to state again that despite taking my 4%, MP DID NOT challenge the CN for the year in question on the grounds of out of time.

The only way I'll see that 4% again (IMO) is if we win.

[WhiteCat]

Morning all

Thousands of fingers crossed again today. Expect the worst, but hope for the best !

[DonkeyRhubarb]

The reason for me replying is to state again that despite taking my 4%, MP DID NOT challenge the CN for the year in question on the grounds of out of time.

Just because "out of time" wasn't cited in the appeal, there is no reason why it can't be brought up at a later date.

[CanPayButWouldRatherNot]

No more sleeps

no more sleeps ...

I will pop down the road and hear/read the judgement in 3D...(assuming the middle shift get here to let me out of clientco)

if you are going .. I am the shifty unshaven one ......

[TalkingCheese]

Good luck one and all

Thousands of fingers crossed again today. Expect the worst, but hope for the best !

I am watching from afar using ££ on data roaming but nothing compared to what is at stake! Let's hope I am allowed back in ;-)

[SantaClaus]

I completely forgot about the judgement until this morning, which is a good thing

I can't help but be pessimistic about the outcome. If we do win, it will be a pleasant surprise.
But it's a sunny day, let's hope for a sunny decision.

Good luck to us all today! And whatever happens, this is definitely not the end!

[nevergiveup]

Calm(ish)

Feeling ok(ish) today for some strange reason. Whilst waiting for our last judgement I couldn't stop shaking. I guess I've just got used to expecting the worse and hoping for the best.....

Good luck everyone :-)