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

[swede]

Just received an email from my MP confirming he will support an amendment to the bill to make APNs prospective only.

Thats great news. Well done.

[DotasScandal]

...got another meeting arranged with my MP who is on the Treasury select committee. 4 weeks time though which is a pain but better than nothing.

Good stuff!

www.dotas-scandal.org

[warlord]

Tweet them all? with all tweets?

I have a twitter account - are you asking us to Tweet them all? with all tweets?

I can only see that SO FAR only one person has done so.....

@davidrutleymp Please vote against retrospective implementation of Accelerated Payment Notices in #FinanceBill2014.

@davidrutleymp Retrospective legislation is wrong – please argue in #FinanceBill2014 Committee for APNs to be prospective, not retrospective.

@davidrutleymp Don’t vote in #FinanceBill2014 to make #HMRC judge, jury and executioner. Stop retro legislation.

@davidrutleymp “Pay upfront” legislation in this #FinanceBill2014 will bankrupt thousands if applied retrospectively.

@davidrutleymp Don’t let #HMRC bankrupt thousands through retrospective legislation. Vote again retrospective Accelerated Payment Notices.

@davidrutleymp Retrospective changes in #FinanceBill2014 are draconian and will bankrupt thousands.



@alecshelbrooke Please vote against retrospective implementation of Accelerated Payment Notices in #FinanceBill2014.

@alecshelbrooke Retrospective legislation is wrong – please argue in #FinanceBill2014 Committee for APNs to be prospective, not retrospective.

@alecshelbrooke Don’t vote in #FinanceBill2014 to make #HMRC judge, jury and executioner. Stop retro legislation.

@alecshelbrooke “Pay upfront” legislation in this #FinanceBill2014 will bankrupt thousands if applied retrospectively.

@alecshelbrooke Don’t let #HMRC bankrupt thousands through retrospective legislation. Vote again retrospective Accelerated Payment Notices.

@alecshelbrooke Retrospective changes in #FinanceBill2014 are draconian and will bankrupt thousands.



@henrysmithmp Please vote against retrospective implementation of Accelerated Payment Notices in #FinanceBill2014.

@henrysmithmp Retrospective legislation is wrong – please argue in #FinanceBill2014 Committee for APNs to be prospective, not retrospective.

@henrysmithmp Don’t vote in #FinanceBill2014 to make #HMRC judge, jury and executioner. Stop retro legislation.

@henrysmithmp “Pay upfront” legislation in this #FinanceBill2014 will bankrupt thousands if applied retrospectively.

@henrysmithmp Don’t let #HMRC bankrupt thousands through retrospective legislation. Vote again retrospective Accelerated Payment Notices.

@henrysmithmp Retrospective changes in #FinanceBill2014 are draconian and will bankrupt thousands.



@iswales Please vote against retrospective implementation of Accelerated Payment Notices in #FinanceBill2014.

@iswales Retrospective legislation is wrong – please argue in #FinanceBill2014 Committee for APNs to be prospective, not retrospective.

@iswales Don’t vote in #FinanceBill2014 to make #HMRC judge, jury and executioner. Stop retro legislation.

@iswales “Pay upfront” legislation in this #FinanceBill2014 will bankrupt thousands if applied retrospectively.

@iswales Don’t let #HMRC bankrupt thousands through retrospective legislation. Vote again retrospective Accelerated Payment Notices.

@iswales Retrospective changes in #FinanceBill2014 are draconian and will bankrupt thousands.



@heatherwheeler Please vote against retrospective implementation of Accelerated Payment Notices in #FinanceBill2014.

@heatherwheeler Retrospective legislation is wrong – please argue in #FinanceBill2014 Committee for APNs to be prospective, not retrospective.

@heatherwheeler Don’t vote in #FinanceBill2014 to make #HMRC judge, jury and executioner. Stop retro legislation.

@heatherwheeler “Pay upfront” legislation in this #FinanceBill2014 will bankrupt thousands if applied retrospectively.

@heatherwheeler Don’t let #HMRC bankrupt thousands through retrospective legislation. Vote again retrospective Accelerated Payment Notices.

@heatherwheeler Retrospective changes in #FinanceBill2014 are draconian and will bankrupt thousands.



@chriswmp Please vote against retrospective implementation of Accelerated Payment Notices in #FinanceBill2014.

@chriswmp Retrospective legislation is wrong – please argue in #FinanceBill2014 Committee for APNs to be prospective, not retrospective.

@chriswmp Don’t vote in #FinanceBill2014 to make #HMRC judge, jury and executioner. Stop retro legislation.

@chriswmp “Pay upfront” legislation in this #FinanceBill2014 will bankrupt thousands if applied retrospectively.

@chriswmp Don’t let #HMRC bankrupt thousands through retrospective legislation. Vote again retrospective Accelerated Payment Notices.

@chriswmp Retrospective changes in #FinanceBill2014 are draconian and will bankrupt thousands.



@sammywilsonmp Please vote against retrospective implementation of Accelerated Payment Notices in #FinanceBill2014.

@sammywilsonmp Retrospective legislation is wrong – please argue in #FinanceBill2014 Committee for APNs to be prospective, not retrospective.

@sammywilsonmp Don’t vote in #FinanceBill2014 to make #HMRC judge, jury and executioner. Stop retro legislation.

@sammywilsonmp “Pay upfront” legislation in this #FinanceBill2014 will bankrupt thousands if applied retrospectively.

@sammywilsonmp Don’t let #HMRC bankrupt thousands through retrospective legislation. Vote again retrospective Accelerated Payment Notices.


@sammywilsonmp Retrospective changes in #FinanceBill2014 are draconian and will bankrupt thousands.

[DotasScandal]

Looks like a template to me - select the ones that you like. Don't send ALL tweets to ALL people, that would be counterproductive and spam-like.
Just my 2c...

www.dotas-scandal.org

[SantaClaus]

Looks like a template to me - select the ones that you like. Don't send ALL tweets to ALL people, that would be counterproductive and spam-like.
Just my 2c...

www.dotas-scandal.org

Agree. Make the tweets individual, personalise them. As Dotas-Scandal says, don't make them look like spam.

[Manu]

MP response

I wrote to my MP and have got the following response:

"I understand that many people are worried about the payment of disputed tax due to their use of schemes either disclosed under DOTAS, or that have failed in another party's litigation about the same or a similar scheme and I can assure you the Minister and Finance Bill Committee are aware of these.

However the Govt is clear there is no inherent presumption that tax under dispute should sit with the taxpayer rather than the Exchequer. Indeed under he current law there are number of circumstances where the tax sits with the Exchequer while the liability is finalised. Therefore it is clear these proposals do not introduce a new principle but rather extend the range os circumstances where the tax sits with the Exchequer while the final liability is determined.

The legislations states that in the case of a follower notice, this will only be issued where the same or very similar tax avoidance scheme has been shown to fail in another party's litigation case. As the consultation response document states, "HMRC will carefully consider whether a case is sufficiently similar to the scheme that has failed litigation before issuing a scheme failure notice and decisions will be subject to governance process".

A taxpayer can then accept the judgement also applies to them and settle the amount of tax due. Or, if they believe the case is not relevant in their circumstances, they can tell HMRC why they think it is not relevant, but would then be subject to a penalty if they do not have a reasonable basis for their conclusion. This removes the incentive that currently exists to delay settlement with HMRC after the follower notice has been issued and encourages taxpayers to settle their case and pay the tax they owe much sooner than present.

IN addition for all existing disclosures of schemes (i.e. those made before the Royal Assent) HMRC is reviewing these in order to identify it is satisfied that no additional liability is due. I can assure you that the accelerated payment notice will only be issued to tax avoidance schemes under DOTAS that are disputed by HMRC. It is not the case that all schemes under DOTAS will automatically be disputed by HMRC and so required to pay the disputed tax.

As you note these new powers will first have to be fully scrutinised by Parliament as part of the Finance Bill and amendments can be tabled at this time.

XXX

[OnYourBikeGB]

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

However the Govt is clear there is no inherent presumption that tax under dispute should sit with the taxpayer rather than the Exchequer. Indeed under he current law there are number of circumstances where the tax sits with the Exchequer while the liability is finalised. Therefore it is clear these proposals do not introduce a new principle but rather extend the range os circumstances where the tax sits with the Exchequer while the final liability is determined.

Ah! So it's 'clarification'! Same old spin, same old BS.

Something occurred to me. Let's say the Government are right, and they should have had the money all along. Suppose it was a bank that had 'accidentally' for 10 years let you hang onto a big lump sum, and you were unaware that the money belonged to them (even as I type this, I realise how ridiculous this whole APN thing is, but let's pretend). When they do realise that it was their money, and decide to take it from you, what's their legal position for charging you interest? I am not a lawyer, but I bet it'd be pretty shaky.

And another thought, if it turns out the money under dispute is actually ours, and has been seized illegally, should we not have the right to set our own interest rates? Wishful thinking, I know, but seems to work the other way around.

[smalldog]

This is absolutely key, it's not proven it's owed! Not until a court has made judgement. This entire diatribe assumes it's going to be owed anyway. They're missing the point, again and its dangerous if the MP's assume its a slam dunk, this is what Gauke wants them to believe and is his entire justification for APN's!!!!!!

This removes the incentive that currently exists to delay settlement with HMRC after the follower notice has been issued and encourages taxpayers to settle their case and pay the tax they owe much sooner than present

[DonkeyRhubarb]

IN addition for all existing disclosures of schemes (i.e. those made before the Royal Assent) HMRC is reviewing these in order to identify it is satisfied that no additional liability is due. I can assure you that the accelerated payment notice will only be issued to tax avoidance schemes under DOTAS that are disputed by HMRC.

Translation:

IN addition for all existing disclosures of schemes (i.e. those made before the Royal Assent) HMRC is reviewing these in order to identify which involve the most money. I can assure you that the accelerated payment notice will only be issued to tax avoidance schemes under DOTAS that bring in the most money.

[OnYourBikeGB]

Translation:

IN addition for all existing disclosures of schemes (i.e. those made before the Royal Assent) HMRC is reviewing these in order to identify which involve the most money. I can assure you that the accelerated payment notice will only be issued to tax avoidance schemes under DOTAS that bring in the most money.

And presumably it means that those schemes it chooses not to pursue are now HMRC approved?