Asmg

[GwimWeeper]

No short cuts

Sorry to be a bit depressing but I just found this on the legal website LexisNexis regarding closing tax enquiries.

http://www.lexisnexis.com/Community/...3/30/9052.aspx

Basically the system is horribly tipped against taxpayers and this is set to get even worse now.

[dezze]

Sorry to be a bit depressing but I just found this on the legal website LexisNexis regarding closing tax enquiries.

http://www.lexisnexis.com/Community/...3/30/9052.aspx

Basically the system is horribly tipped against taxpayers and this is set to get even worse now.

So this could drag on for years. I'm a permie now and owed a couple of thousand by HMRC, due to mileage allowances. I don't think they will pay up until this is closed. Does anyone know the rules on this?

However, I'd waive the cash they owe if they close the enquiry

[Bengal]

General process for hearings is:

1) Commissioners
2) High Court
3) Court of Appeal, and finally
4) House of Lords.

I think also that certain courts have to grant permission for appeals to be allowed. So for example, if the High Court makes a ruiling against Hector, then the High Court has to grant leave for Hector to be able to appeal.

On the Sempra case, I would love to get the full details of what the case is about cause it strikes me that there is one further weapon in Hector's armoury that could be used and that is, they could calim that there is no commercial justification to the transaction and therefore it falls (ie what is known as the Ramsey principle).

[sal626]

Bengal,

This is not a hearing, its just an enquiry....which doesn't seem to be going anywhere. HMRC have had more then 15 months. They have received all the info they asked for, and there is nothing that they are waiting for. In fact, DMS are chasing them and asking them what else they need!

The sempra case never got to the high court - the details of the SP decision are available online.

[ASB]

Sempra are no strangers to litigation so it's best to make sure you are looking at the right one though.

[dezze]

Sempra are no strangers to litigation so it's best to make sure you are looking at the right one though.

It is the right one.

[sal626]

I believe this is the relevant one:

http://clients.squareeye.com/uploads...pra-080708.pdf

[Bengal]

Bengal,

This is not a hearing, its just an enquiry....which doesn't seem to be going anywhere. HMRC have had more then 15 months. They have received all the info they asked for, and there is nothing that they are waiting for. In fact, DMS are chasing them and asking them what else they need!

The sempra case never got to the high court - the details of the SP decision are available online.

Ah now I see..........15 months? To be honset, is not necessarily a long time. HMRC can move very slowly and sometimes enquiries can take 2, 3 or more years to bring to a conclusion particularly if HMRC are trying to find away to break a "scheme".

[GwimWeeper]

Hi Sal, the pdf your link goes to is dated 12 June 2008 - last year. Have you (or anyone else) got any information that indicates why there was no hearing THIS year? Why did it not go the High Court as expected? Did Sempra or Hector play a delay tactic? Is it conceivable that Sempra may be negotiating behind the scenes to settle out of court?

[GwimWeeper]

ASMG Poll

Simple question, please respond with "yes", "no" or "haven't tried".

Have you successfully spoken with someone at ASMG in the last 3 months?

Don't count the receptionists.