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

[convict]

https://www.gov.uk/government/upload...DOTAS_GAAR.pdf

Proposed revisions
Legislation will be introduced in Finance Bill 2014 to enable HMRC to issue a ‘Notice to Pay’
to any taxpayer for whom there is an open enquiry, or the matter is under appeal, and who
has claimed a tax advantage by the use of arrangements that:
• fall to be disclosed under DOTAS, or
• HMRC counteracts under the GAAR following an opinion of the GAAR Advisory Panel
that, in the Panel’s opinion, the arrangements are not a reasonable course of action.


So according to this paper if you put a DOTAS down, you are safe. Lots of conflicting info about. I've cut and paste this. Should "fall" not be "fail"? Jesus you think they'd proof read things properly.

[deckster]

Just so im clear, this still needs to be debated as part of the finance bill doesnt it so can change?

Theoretically. But I think we can safely assume that for all practical intents and purposes this will become law when the 2014 Finance Act receives assent, probably in July.

[deckster]

...who
has claimed a tax advantage by the use of arrangements that:
• fall to be disclosed under DOTAS, or

...

So according to this paper if you put a DOTAS down, you are safe. Lots of conflicting info about. I've cut and paste this. Should "fall" not be "fail"? Jesus you think they'd proof read things properly.

No, that's not the way I read it. 'Fall' is correct and the wording is that way to catch both those people who put a DOTAS number down, and those who should have but didn't.

[DonkeyRhubarb]

Proposed revisions
Legislation will be introduced in Finance Bill 2014 to enable HMRC to issue a ‘Notice to Pay’
to any taxpayer for whom there is an open enquiry, or the matter is under appeal, and who
has claimed a tax advantage by the use of arrangements that:
• fall to be disclosed under DOTAS, or
• HMRC counteracts under the GAAR following an opinion of the GAAR Advisory Panel
that, in the Panel’s opinion, the arrangements are not a reasonable course of action.


So according to this paper if you put a DOTAS down, you are safe. Lots of conflicting info about. I've cut and paste this. Should "fall" not be "fail"? Jesus you think they'd proof read things properly.

They are using the word "fall" to mean either (a) were disclosed or (b) should have been disclosed.

[DonkeyRhubarb]

No, that's not the way I read it. 'Fall' is correct and the wording is that way to catch both those people who put a DOTAS number down, and those who should have but didn't.

You beat me to it.

[PlaneSailing]

Theoretically. But I think we can safely assume that for all practical intents and purposes this will become law when the 2014 Finance Act receives assent, probably in July.

And then I'm sure at least one of the 65,000 will challenge it and we'll end up down the court route again (Grant Thornton seem to think this is likely under article 6!od the Human Rights Act). It's like a recurring nightmare.

[robinhood]

And then I'm sure at least one of the 65,000 will challenge it and we'll end up down the court route again (Grant Thornton seem to think this is likely under article 6!od the Human Rights Act). It's like a recurring nightmare.

Yes - cue a judicial review

[CanPayButWouldRatherNot]

HMRC> Can't I have the same deal that the Suomoto guys had in 2004 instead ?

[OneUnited]

Who?

And then I'm sure at least one of the 65,000 will challenge it and we'll end up down the court route again (Grant Thornton seem to think this is likely under article 6!od the Human Rights Act). It's like a recurring nightmare.

Maybe being a bit stupid but who is Grant Thornton?

DR are we any further forward with the Adjudicator, the only small hope I have left

[Cosmo]

Maybe being a bit stupid but who is Grant Thornton?

DR are we any further forward with the Adjudicator, the only small hope I have left

Grant Thornton - The 6th largest Accountancy firm in the world!