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No To Retro Tax – Campaign Against Section 58 Finance Act 2008

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    If you get the brush off

    Some Tory MPs, who've been whipped into line by Gauke, will just see the subject and send a fob off reply without reading it.

    Email them back and ask them to read the last 2 paragraphs highlighted.

    Dear [insert MP’s name],

    I have previously written to you about Section 58(4) of the Finance Act 2008 and how the retrospective application of this law is threatening to force thousands of people, including myself, into bankruptcy, simply for arranging my affairs in a manner that was entirely transparent and legal at the time.

    As you may know, there are serious concerns about the way in which this legislation was presented to Parliament. When deciding to implement these tax changes retrospectively, HMRC ignored the Rees rules, which state that clear warning of the Government’s intentions must be given. HMRC failed to carry out an impact assessment, which would have alerted MPs to the fact that thousands of people were likely to be affected by the changes. MPs were also not informed that HMRC had recognised in an internal technical exchange document that the tax schemes in question were entirely legal, that the schemes had been included in the HMRC tax manual since 1993, and that HMRC had previously investigated scheme users and issued closure notices with nothing further to pay, thus accepting that their tax affairs were legitimate.

    Indeed, because of these omissions, there are real reasons to believe that Parliament may have been misled by HMRC into passing Section 58(4) retrospectively when there was no need to do so.

    While I do not dispute that the Government has a right to make changes to tax legislation and close down loopholes where they do exist, it is draconian and iniquitous to change legislation retrospectively and then pursue people for backdated liabilities which may arise, particularly when those involved have followed the law as it stood and such retrospective demands are likely to have a crippling financial effect on them.

    I understand that an amendment is due to be tabled imminently to this year’s Finance Bill which would remove the retrospective application of Section 58(4) and mean that the tax changes it introduced would only come into effect from the date they were first announced. This would not only bring the legislation in line with Parliamentary protocol and natural justice, but prevent myself and thousands of others from being unfairly forced into bankruptcy.

    I would be most grateful if you could contact the Exchequer Secretary David Gauke MP as a matter of urgency on my behalf and urge him to support this amendment. I would also appreciate it if you could send me a copy of any reply you may receive.


    Yours sincerely,

    Comment


      Originally posted by BolshieBastard View Post
      If its anything like my MP, Ben Wallace, they'll start ignoring you completely but good luck. I still sent the most recent letter about the tabled amendment twice to him.

      News in the torygraph about 3 take that 'singers' investing in a 'legal tax avoidance scheme' plus the story the other day about that 'comedian' shows what we are up against though.
      Almost instant response. No interest in assisting/listening.
      DR I've PM'ed you the output - not sure if helps but just for reference...

      Comment


        I've emailed my MP the letter. I'm still awaiting a reply from Gauke to my previous email.

        Comment


          Another affected lurker

          Email sent to Karen Buck, Westminster North

          Comment


            I see from Hansard that Mr Gauke was asked questions around s58 (theyworkforyou.com). There are "no plans to amend s58(4) of the Finance Act 2008".

            It may be my overly optimistic side but that sounds significantly different to "s58(4) of the Finance Act 2008 will not be amended."

            Comment


              Little interest

              Email sent to Phillip Hollobone (Con).

              Almost instant reply stating he was still waiting for a response from Gauke re my response to being 'Gauked' first time round.

              I took that as he's not writing to him again. I think I might have to ask him to re-read the last 2 paragraphs, but as he is still not prepared to offer his own thoughts on the matter I have little hope he'll do much more.

              Comment


                Originally posted by Guttersnipe View Post
                I see from Hansard that Mr Gauke was asked questions around s58 (theyworkforyou.com). There are "no plans to amend s58(4) of the Finance Act 2008".

                It may be my overly optimistic side but that sounds significantly different to "s58(4) of the Finance Act 2008 will not be amended."
                Would of been surprised if he said anything else!

                Comment


                  face to face

                  Originally posted by DonkeyRhubarb View Post
                  Urgent Call to Action


                  Please can everyone email this to their MP now. The amendment will hopefully be tabled next Tuesday 26th June, hence the urgency.



                  Thanks!
                  DR
                  Perfect timing! I've a got a face to face with Bob N1ell (Con, Chislehurst) this Friday.

                  Times campaign not helping. Is it a coincidence that it has come out now or is HMRC timing things to perfection?

                  Comment


                    Jonathan Djanogly MP

                    Anyone in his constituency?

                    Comment


                      Originally posted by not-a-penny View Post
                      Perfect timing! I've a got a face to face with Bob N1ell (Con, Chislehurst) this Friday.

                      Times campaign not helping. Is it a coincidence that it has come out now or is HMRC timing things to perfection?
                      I thought at first that HMRC were timing those news articles to perfection. Then I realised it took them 7 years to close a tax loophole!
                      'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
                      Nick Pickles, director of Big Brother Watch.

                      Comment

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