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

[BrilloPad]

LOL, it's funny how fb is often the first port of call (over txts or iMessages or emails) certainly of women in my sphere - if it's not an fb message, it's going nowhere

Appreciate your efforts. I'm sure they will prioritise this kind of thing, but if they get loads of them, well there's only 2 people, so some may slip by the way side....hopefully will hear back soon though!

I have heard your emails are picked up - things are manic at Montpelier towers! Let us know if further issues though.

NW and TQ are stars!

[freeranger]

WHS. FR please provide some info for us.

1. Which years did you claim DTA relief?
2. Which years did you have s9A TMA 1970 enquiries formally opened within 12 months of submission of tax return?
3. Please clarify whether or not your latest letter of additional assessment was issued under a Discovery Notice.
4. For which years, if any, did you receive Closure Notices?

Hi,

1. 2006-08

2. 2007/08 Return, had notice in Oct 2009 that they were "making enquiries under Section 9A of the Taxes Management Act 1970"

3. I don't seem to have anything called a Discovery Notice

4. For 2007/08, the year they wanted to look into, they sent me a closure notice in Nov 2011 and asked for £shedloads by December.

All this was forwarded to montp and they appealed or whatever so it was put on hold until the court cases were settled I guess.

What I have now received is not a Closure Notice, but a "Notice of further assessment for the year ended 5 April 2007".

Unless I have misplaced some correspondence (possible) or not forwarded to montp at the time (extremely unlikely) then I have had nothing from HMRC in respect to 2006/07 until I received this notice last week - no closure notices, no notices that they were going to look into that year etc.

Could this mean that their investigation is duff and they can't ask for money for that year?

[freeranger]

I have heard your emails are picked up - things are manic at Montpelier towers! Let us know if further issues though.

NW and TQ are stars!

Yes, they have replied thanks. NW said they will be working over the w/e and should pick up my email then with scanned copy of the letter.
Tnx for helping with bringing it to their attention

[Emigre]

Yes, they have replied thanks. NW said they will be working over the w/e and should pick up my email then with scanned copy of the letter.
Tnx for helping with bringing it to their attention

See what NW/TQ has to say, and then come back to us. Looks hopeful for you though.

[freeranger]

Well, it's certain that they are looking into it, and possible they will get it postponed.
I wouldn't go as far as to say "hopeful" at this stage though....
Hopefully of course, this will all go away because they ran out of time to investigate that year.

[BrilloPad]

Well, it's certain that they are looking into it, and possible they will get it postponed.
I wouldn't go as far as to say "hopeful" at this stage though....
Hopefully of course, this will all go away because they ran out of time to investigate that year.

It is also certain Montp will appeal it and it will be postponed.

But IMO, IANAA, it looks like you will never have to pay. But we know what a lieing bunch of twunts Brannigan & HMRC are. I would put nothing past them.

[swede]

Procedural mess-ups.

1/ Did you have a formal enquiry opened for that year ? and before Feb 2009 ?
2/ Have you received a Closure Notice for that year at all ?

If 1/ didnt happen then they can only open up the enquiry under discovery and from what I understand that is dodgy ground as you didnt withhold any info on your SARs.

Is there any guidance anywhere (NTRT website for example) where it details exactly what the procedure HMRC should have used is?

I asked TQ if any of my enquiries were not received in time, and indeed some were not, but I would like to know if there are any other ways in which they may have messed up. For example, like FR, I also have "Notices of Further Assesment", but no closure notices for that year.

I've seen the sample forms on NTRT for the opening of an enquiry - but I don't recall seeing anything similar for closure noticices, further assessments etc.

I should also be in a position to contribute to the NTRT cause again in a couple of weeks after the Christmas lull - great work everyone - really encouraging progress.

Cheers.
Swede

[MMSguru]

I asked TQ if any of my enquiries were not received in time, and indeed some were not, but I would like to know if there are any other ways in which they may have messed up.

Hi Swede, have HMR&C acknowledged that enquiries were not opened within the time frame, & have subsequently closed enquiries for those tax years? Do you get a letter stating that enquiries are effectively closed?

Thanks, mms_guru

[swede]

Hi Swede, have HMR&C acknowledged that enquiries were not opened within the time frame, & have subsequently closed enquiries for those tax years? Do you get a letter stating that enquiries are effectively closed?

Thanks, mms_guru

No, not at all - it was an enquiry I made to MP. There was a suggestion - about a year ago I think - that asking HMRC to close enquiries if they were not made inside the timeframe might be fruitful - I would have to trawl through the archives to find details. I just wanted to know if any if mine fell into this category.

[TalkingCheese]

No, not at all - it was an enquiry I made to MP. There was a suggestion - about a year ago I think - that asking HMRC to close enquiries if they were not made inside the timeframe might be fruitful - I would have to trawl through the archives to find details. I just wanted to know if any if mine fell into this category.

If you didnt get a formal enquiry notice within the 12 months after you filed your SAR then it does fall into this category and you should write to them asking them to remove the amendment that is on your closure notice for this year.