BN66 - Court of Appeal and beyond

[SantaClaus]

Quite a few people have contacted me saying they can't see the point in asking HMRC when enquiry notices were sent because they would probably just lie. One person even suspected they would forge copies of letters.

It is really shocking isn't it that people expect a government department to be so dishonest.

I actually had the very thing. Didn't receive a enquiry notice for one particular year, nor did Montpelier. HMRC fabricated a computer printout showing it had been "sent".

This is one I will be disputing when I demand my individual day in court. I hope 3000 others will be doing the same.

[Disgusted of Coventry]

Sorry to intrude upon your forum. I am not personally affected by this, but I have a friend who has been driven to his wits' end by the BN66 Sword of Damocles. I'd like to make a suggestion (this despite having only a sketchy understanding of the details).

Here is the background to my friend's situation...

He had been a self-employed contractor for a good many years, earning a respectable income and properly paying his due taxes. All was well until a few years ago, when HMRC introduced something called "IR35". This caused (for reasons I don't completely understand) his tax liability to suddenly jump to a cripplingly punitive level. After much anxiety, and many sleepless nights, he took the entirely rational step of seeking the advice of a professional Tax Advisor. He`was persuaded to subscribe to the Montpelier scheme having been reassured that it had been thoroughly approved by the Tax`Advisor's Legal Department.

You know the rest!

It's easy, with hindsight, to say something facile such as 'Caveat Emptor', but it seems reasonable to assume that he would never have found himself in this predicament if it hadn't been for the botched, sadistic legislation that is IR35. Moreover, some of the posts on this thread indicate that there have been a number of instances where the slipperyness of HMRC has directly exacerbated his/your plight.

For what it's worth, I think that someone should create a document showing a "timeline" of all the external events that are germane to this case. By that I mean... IR35, HMRC's delays (and general incompetence), quotes from Gauke/CIT, excerpts from that 2011 Budget document about taxation being fair & predictable, and so on. This, I think, should be followed up with a determined campaign of letter writing to MPs and the like.

I only suggest this because your case appears to have an intrinsic PR problem. The casual observer (or, indeed, Judge) is likely to say something along the lines of "They're tax evaders - they deserve what's coming to them.". It requires a close study of the detail to reveal this to be a grossly unfair characterisation.

To be honest, the longer you look at this, the more the attitude of Parliament & HMRC beggars belief. This could have been sorted out years ago if they'd had the intellectual will.

There! I've said my piece. Now I'll get back in my box.

[CanPayButWouldRatherNot]

do we need a man on the inside at HMRC ... can we buy a whistleblower ?

Goldman Sachs whistleblower threatened with the sack | Business | The Guardian

[bollox]

DPA request

Quite a few people have contacted me saying they can't see the point in asking HMRC when enquiry notices were sent because they would probably just lie. One person even suspected they would forge copies of letters.

It is really shocking isn't it that people expect a government department to be so dishonest.

If you've done a DPA request have a look at a sheet with the reference code CMP001B in the top left and a title of
'View compliance summary' - it has a table with the tax years and a column showing the enquiry status of each year

On mine it has entries for some years saying 'S9A Closed' meaning I assume that they've opened and closed an enquiry..

For a few years there's ***** NONE *****

[DonkeyRhubarb]

HMRC letter

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.
http://www.whatdotheyknow.com/reques...utgoing-168720

[marcuss]

The Amount 'owed' to HMRC

Hi

Would anyone know where is the best way to find out the amount due (whenever) to HMRC by me.

I am after the amount per year + interest + fine. Is there a demand letter(s) from HMRC? I need something official.

Thanks in advance.

[DonkeyRhubarb]

Hi

Would anyone know where is the best way to find out the amount due (whenever) to HMRC by me.

I am after the amount per year + interest + fine. Is there a demand letter(s) from HMRC? I need something official.

Thanks in advance.

First off, there is no fine. Just tax/nic & interest.

You can find out the tax/nic for each year by registering with HMRC online:
https://online.hmrc.gov.uk

The figures online do not include interest.

You can estimate the interest using the table at the bottom of the 1st post of this forum.
http://forums.contractoruk.com/accou...ml#post1363664

[bve534]

PR forum and disgusted of coventry

if you look at the top of the page you will see the voting count on a request that I set up for a PR campaign, the very thing you say is lacking. Since 31 people have now said they support the campaign then for £1,000 each from those 31 people we can buy a one page advert spread in the business section of a broadsheet paper for one day.

That one page could allow us in very bold print to explain what this case really means to the readers of that business section. It might achieve nothing but it would be the best £1000 I have ever spent in my life.!!

[reckless]

PR campaign

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.

[marcuss]

First off, there is no fine. Just tax/nic & interest.

You can find out the tax/nic for each year by registering with HMRC online:
https://online.hmrc.gov.uk

The figures online do not include interest.

You can estimate the interest using the table at the bottom of the 1st post of this forum.
http://forums.contractoruk.com/accou...ml#post1363664

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!)