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

[SantaClaus]

In case anybody missed the previous message....

We are currently experiencing member login problems with our site due to hacking attacks. The attacks are not unique to ourselves and are affecting many websites and hosting providers worldwide. Please be patient and we hope to restore service soon.

Thanks and regards

Santa

Looks like everything back to normal now.

Regards

Santa

[Fireship]

Looks like everything back to normal now.

Regards

Santa

Hi Santa,

I still can't login. I get an authentication challenge in the form of a popup (non-secure connection), then I get a 401 after entering the correct credentials.

[lucozade]

Is it this?

BBC News - Wordpress website targeted by hackers

[PlaneSailing]

dubious

Taxman

So Mr. Gauke, this QC was found to have broken the law AS IT STOOD. Well done you. As you say, 'we are determined to ensure that the tax that is due UNDER THE LAW is collected'

But, why did you, and your friends at HMRC, risk tax payers money in costly legal action when you could have just CLARIFIED the law retrospectively to AVOID DOUBT?

Are some doubts, stronger than others?

[SantaClaus]

Hi Santa,

I still can't login. I get an authentication challenge in the form of a popup (non-secure connection), then I get a 401 after entering the correct credentials.

Ok, temporary solution....

The message box that you get is as follows:

http://my.jetscreenshot.com/6325/20130415-tehy-154kb

Enter the username and password circled and then proceed to your normal logon.

That seems to fix it for now.

[lucozade]

Is see the Finance Bill is currently being voted on in Parliament as I type. Anything of note from our point of view?
I heard a lot of "anti avoidance" chatter between MPs.

BBC Parliament channel

[DonkeyRhubarb]

Section 58 raised in last night's Finance Bill debate

House of Commons Hansard Debates for 15 Apr 2013 (pt 0002)

Mark Field (Conservative - Cities of London and Westminster)

“On that note, I should like to raise a specific instance of retrospection that is causing financial hardship among some of my constituents. Section 58 of the Finance Act 2008, brought in by the previous Government, was designed to close down certain tax-planning arrangements with retrospective effect. I am afraid that it has left some residents in my constituency with demands for huge amounts of back tax, which in some extreme cases is leading to threats of bankruptcy.

The Exchequer Secretary is aware of those concerns, because he has responded to my correspondence on them. Unfortunately, however, some of those affected by section 58 are not convinced that he is properly listening to the argument. One constituent advised:

“The tax arrangements I used were not only legitimate and openly declared, but expressly considered, debated and approved by parliament back in 1987. This means that according to the HMRC’s declaration, I was not engaged in aggressive and abusive tax avoidance but simple, legitimate tax planning.”

Although I accept that HMRC wants to bring more money in and to close down aggressive tax avoidance schemes, if it has known that arrangements or schemes have been in place for 25 years and has made no move to close them down, it cannot be right for retrospective activity to take place. My constituents therefore request the repeal of section 58.

I would be grateful if the Treasury gave serious consideration not only to the arguments of the campaigners, but to the message that retrospective legislation sends to business people who are trying to act in a lawful and transparent way in planning their taxes. The Exchequer Secretary rightly pointed out that we should be proud of being a country that is open for business, but we must ensure that what we do and what we say in that regard coincide.

To conclude, if I have one message for the Treasury as we consider the Finance Bill in the days ahead, it is to forget about the pressure for quick fixes and transient boosts, and instead to focus relentlessly on delivery and longer-term measures to make the UK an ever more tempting prospect as a place in which to do business. If the UK economy is not to get substantial growth before the 2015 election, let the coalition at least get some credibility for doing the right thing for the nation and giving our people a genuine sense of hope for the future.”

[freeranger]

hear hear!

[smalldog]

House of Commons Hansard Debates for 15 Apr 2013 (pt 0002)

Mark Field (Conservative - Cities of London and Westminster)

“On that note, I should like to raise a specific instance of retrospection that is causing financial hardship among some of my constituents. Section 58 of the Finance Act 2008, brought in by the previous Government, was designed to close down certain tax-planning arrangements with retrospective effect. I am afraid that it has left some residents in my constituency with demands for huge amounts of back tax, which in some extreme cases is leading to threats of bankruptcy.

The Exchequer Secretary is aware of those concerns, because he has responded to my correspondence on them. Unfortunately, however, some of those affected by section 58 are not convinced that he is properly listening to the argument. One constituent advised:

“The tax arrangements I used were not only legitimate and openly declared, but expressly considered, debated and approved by parliament back in 1987. This means that according to the HMRC’s declaration, I was not engaged in aggressive and abusive tax avoidance but simple, legitimate tax planning.”

Although I accept that HMRC wants to bring more money in and to close down aggressive tax avoidance schemes, if it has known that arrangements or schemes have been in place for 25 years and has made no move to close them down, it cannot be right for retrospective activity to take place. My constituents therefore request the repeal of section 58.

I would be grateful if the Treasury gave serious consideration not only to the arguments of the campaigners, but to the message that retrospective legislation sends to business people who are trying to act in a lawful and transparent way in planning their taxes. The Exchequer Secretary rightly pointed out that we should be proud of being a country that is open for business, but we must ensure that what we do and what we say in that regard coincide.

To conclude, if I have one message for the Treasury as we consider the Finance Bill in the days ahead, it is to forget about the pressure for quick fixes and transient boosts, and instead to focus relentlessly on delivery and longer-term measures to make the UK an ever more tempting prospect as a place in which to do business. If the UK economy is not to get substantial growth before the 2015 election, let the coalition at least get some credibility for doing the right thing for the nation and giving our people a genuine sense of hope for the future.”

good man!

[javadude]

Mark Field is showing the sort of common sense and principles that David Gauke once stood for.