BN66 - Court of Appeal and beyond

[stuffed]

Little writing about us

Interesting to see we are getting some mention specifically in the press.

Retrospective law-making - is it catching on?- Legalweek

Financial Times have also written about us: Note - you need to sign on, but its free to do:

The author to me implies that the uncertainty the surrounds the possibility of retrospective action in situations might not be a bad thing. So he's not helping our case too much.

High quality global journalism requires investment. Please share this article with others using the link below, do not cut & paste the article. See our Ts&Cs and Copyright Policy for more detail. Email [email protected] to buy additional rights. Barclays finds that retro style is taxing - FT.com

"Small Quote - so I dont get sued by the FT"
The High Court ruled that Mr Huitson’s human rights hadn’t been violated because the government had taken reasonable steps to balance his interests against the public good. In short, it wasn’t just an arbitrary confiscation of his property. But there is disquiet about this kind of thing from commentators, tax professionals and business leaders. The tax expert Professor Anne Redston said after the Huitson case that “as citizens, we have a right to know the legal position before making up our minds"

[SantaClaus]

On the subject of positive press and (possibly) sympathetic journalists, if anyone would like to send a well thought-out letter to Jill Kirby, please consider doing so.

This is her article here:

Jill Kirby: Retrospective legislation may produce applause today but it will damage Britain in the years to come Conservative Home Columnists

Her email address is jill.c.kirby at gmail.com

[lucozade]

Received response from my MP

I wrote to my MP (Mark Menzies) only around a week ago.

I've received a letter this morning:

"Dear Mr xxxxx,

Thank you for your recent letter regarding the problems you have been experiencing with taxation policy. I am extremely sorry to hear about the amount of money HMRC are attempting to recoup from you. This certainly seems like an extraordinarily large amount and I could certainly understand why this would have an enormous impact on yourself and your family.

Whilst I have not previously dealt with an issue relating to this particular area of taxation I am certainly happy to take up this case on your behalf by writing to both HMRC and the Minister responsible for HMRC, Mr David Gauke, Exchequer Secretary to HM Treasury, to ask that the issues you have raised be investigated. I feel, in the first instance, this is the best way to approach this complex matter.

Once I receive responses from either department I will be in touch to pass them on to you. I hope this will prove helpful. If it does not I will certainly be happy to provide further support. Additionally if you would like to meet to discuss the matter please feel free to contact my secretary to arrange an appointment at one of my constituency surgeries.

Thank you for taking the time to write to me"

[TalkingCheese]

Good on you !

I wrote to my MP (Mark Menzies) only around a week ago.

I've received a letter this morning:

"Dear Mr xxxxx,

Thank you for your recent letter regarding the problems you have been experiencing with taxation policy. I am extremely sorry to hear about the amount of money HMRC are attempting to recoup from you. This certainly seems like and extraordinarily large amount and I could certainly understand why this would have an enormous impact on yourself and your family.

Whilst I have not previously dealt with an issue relating to this particular area of taxation I am certainly happy to take up this case on your behalf by writing to both HMRC and the Minister responsible for HMRC, Mr David Gauke, Exchequer Secretary to HM Treasury, to ask that the issues you have raised be investigated. I feel, in the first instance, this is the best way to approach this complex matter.

Once I receive responses from either department I will be in touch to pass them on to you. I hope this will prove helpful. If it does not I will certainly be happy to provide further support. Additionally if you would like to meet to discuss the matter please feel free to contact my secretary to arrange an appointment at one of my constituency surgeries.

Thank you for taking the time to write to me"

Whilst some will say this is a standard response, they are only doing their job, or the letter is a placatory response I am at least encouraged by the language used by Mr Menzies. I do feel that at least we are starting to be heard and the more of us that can write and get in front of our MPs the better. Good on you !

[stuffed]

Gaukes response

It would be nice if Gauke was an honest bloke and wrote back to the MP stating how he was originally totally against this legislation and felt it was completely wrong of the Labour govt to enact such retrospective measures.

Then the MP's can write back and tell gauke to grow some b£lls and do something about it, given he now is in charge.

[DonkeyRhubarb]

Whilst some will say this is a standard response, they are only doing their job, or the letter is a placatory response I am at least encouraged by the language used by Mr Menzies. I do feel that at least we are starting to be heard and the more of us that can write and get in front of our MPs the better. Good on you !

He only entered Parliament in 2010 which is probably why he hasn't heard about this before.

He holds a junior position in the Government, as Private Secretary to the Minister for Energy and Climate Change, so it will be very difficult for him to go against the party line on this.

I am expecting Gauke will trot out the usual weasel words defending the legislation, especially as it now has backing of the courts, even though he was the most vociferous opponent of it when it was debated in parliament.

[warlord]

Response from MP Nick Gibb

I too have received a response from my MP Nick Gibb - Nick has written too George Osborne etc etc. I await the response from George....not holding my breath.
Nick Gibb used to work from KPMG so does have an interest in our case....yeah right!

On the PR front - I have major reservations, but I would be happy to put in £200 for all its worth. it has to be worth a shot - hey whats another £200 when HRMC are after 110K at last look......and I have no means to pay this

[Disgusted of Coventry]

...perhaps they will start to realise what has been going on to other people like us and see the whole thing more as the thin end of a wedge.
i.e. legal and legitimate behaviour is being incorrectly reclassified after the fact as somehow wrong.

I find the following quote rather chilling. It's from an Internal Review of HMRC's response to a certain FOI request.

"I note that, whilst the information in scope relates to the specific Budget Measure and a particular avoidance scheme, the decision making process involved consideration of wider issues relevant to tackling avoidance. The particular measure in question does not stand alone but is part of wider policy considerations in relation to future policy measures in respect of avoidance schemes. I consider that disclosure of some of the information in scope would impact on the ability of officials to provide sufficiently free and frank advice in respect of future anti avoidance initiatives."

Or perhaps I'm being unnecessarily alarmist.

[TalkingCheese]

MPs to investigate Retrospective Tax

Interesting...

http://www.telegraph.co.uk/finance/p...-Barclays.html

...Committee chairman And*rew Tyrie told The Sunday Telegraph: “Can retrospection be reconciled with the certainty a tax system needs in order to deliver an efficient economy? A simpler, more stable and fairer tax system is less likely to excite demands for retrospection.

"Any action the Government takes on this is likely to be something the committee would want to look at as part of our study into the Budget...”

Hope they take our situation into account and for the budget would be nice !

[Buzby]

is Andr*w Tyrie your MP

Interesting...

MPs to investigate retrospective tax after government avoidance crackdown at Barclays - Telegraph

...Committee chairman And*rew Tyrie told The Sunday Telegraph: “Can retrospection be reconciled with the certainty a tax system needs in order to deliver an efficient economy? A simpler, more stable and fairer tax system is less likely to excite demands for retrospection.

"Any action the Government takes on this is likely to be something the committee would want to look at as part of our study into the Budget...”

Hope they take our situation into account and for the budget would be nice !

is Andr*w Tyrie (Conservative MP for Chichester) your local MP, if so could you contact him and ask him to look into section 58 as well.