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

[CanPayButWouldRatherNot]

rebuttal to gauke

were we meant to have a counter to send back to our mp's for the gauke standard letter at the end of last week ... ?

apologies if I missed a post but thought i'd check.

cheers all

[Emigre]

Thanks very much - i have done so and they have said they will appeal it for me. Not having had the good fortune to receive one of these before, i have a few queries, wonder if anybody has an idea on this stuff:-

1)Seems to me that they have calculated the interest on the whole taxable amount, then deducted the payment already made afterwards. This must be incorrect, as surely the interest should only be charged on the unpaid amount (ie the new balance, minus the original payment). Or have i got that wrong ?
2) I took out a CTD for a small amount a few years ago, does anyone know if they would have adjusted the interest based on this or i have to force them to do that ?
3) When i did the original return, i didn't make all the claims i could regarding my rental income allowable expenses (ie 10% wear and tear/maintenance charges) as i wasn't too bothered then...but now i can see that is eating into that years personal allowance amount and if i had done it would further reduce my bill. Would i be allowed to have this adjusted do you think, or only they are allowed to make backdated changes ?

Frankly, I'm impressed that you have managed to understand that much about your CN. Mine ran to 8 pages with adjustments for everything under the sun followed by an interest adjustment because there was an adjustment. Almost impossible to work out how much was tax and how much was interest.

Your point 1. In principle you are right. However, it is not clear whether your CN refers to only the element of alleged income through the trust. It also obviously depends on when any payments were actually made. Not really enough detail to answer that one. If and when the time comes I'm sure that MontP will check all their calculations.

Your point 2. The fact that you have a CTD in theory is unknown to the inspectors raising the CNs. There is no need to let them know just now since the CN has been appealed. In fact letting them know that you have some funds may make you a soft target.

Your point 3. I don't actually know the answer to this. but I have a few thoughts... How many people are in control of the Tardis? I suspect only HMRC are allowed to do that! In reality, I believe that you are always allowed to amend your SAR up to 6 years after the fact, in which case you might get some help with the later years. Whether you are entitled beyond that because HMRC have kept your SARs open through enquiry would probably come down to negotiation.

[DonkeyRhubarb]

were we meant to have a counter to send back to our mp's for the gauke standard letter at the end of last week ... ?

apologies if I missed a post but thought i'd check.

cheers all

Sorry for the delay. It's nearly there.

[Dieselpower]

which year was it for please?

Hi All,

Just received my first closure notice, i'm sure this has been mentioned a few times already but any idea what i do with this, do i simply pass onto Montpelier to deal with.

Also, i note they mention if its not paid up within 28 days then i will get hit with a 5% surcharge, does anyone know if montpelier manage to get this held up would the taxman then come back and hit with me with that later on ?

Many Thanks.

Hi GB - which year was the CN for please?

[GBHuhd]

Hi GB - which year was the CN for please?

2007-08, no sign of any earlier ones yet - maybe they have forgotten...

[nevergiveup]

Key Documents

In the Key Documents page would it be possible to add the dates when any documents are updated? There's a few documents that have been updated now and it would be handy to know if and when any further updates are added (hope that makes sense).

[BarneyCool]

Good Idea!

In the Key Documents page would it be possible to add the dates when any documents are updated? There's a few documents that have been updated now and it would be handy to know if and when any further updates are added (hope that makes sense).

I was thinking the same thing myself today a version number and date would be useful for any docs that have been updated. Would not want to inadvertently miss any important info.

[the great escape]

Solidarity in the Royal Borough

Another long time lurker showing support for campaign. In process of writing to MP as we speak (Adam Afriyie) not sure if anyone else has already.

Dr Heathcliff (Dr.H) - looks like we share the same MP. I also got a letter off to Mr. Afriyie about 2 weeks ago, inspired by the content on this forum. Many thanks to Messieurs DR, Brillo and others for their informative responses. Awaiting a response.
Interested to know if we both get the std Gauke gobbly gook or something more personal. Will PM response to DR accordingly.
Thinking of broadening my views to some of the south east MEPs.

TGE

[bombaycat]

Gauke times 2 - yuk

How unpleasant, I got "std Gauke" from both my MPs this weekend. Have written back to them both with the "triad of docs" and links to the NTRT website and asked for meetings with both at parliament.
I've made it totally clear all I want is for us to get our day at a tax tribunal on the law as it stood when our tax returns were submitted - nothing more, nothing less. I'm hoping since one of mine is an equality minister she will extend her interests to equality of treatment under tax law.

Here's hoping I get a proper response from someone.

[MMSguru]

DPA Request

HMRC have already conceded that Closure Notices are invalid if there was no prior enquiry.

Two people have had CNs withdrawn for this reason, and saved themselves 4-figure sums.

It is definitely worth pursuing this.

Hi all, Is this the best address to write to when requesting copies of CNs under the DPA?

HM Revenue & Customs
Self Assessment
PO Box 4000
Cardiff
CF14 8HR

Many thanks, MMSguru