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

[BrilloPad]

HMRC committed to publishing the list before the finance bill receives royal assent, which should be later this month.

Unless they retrospecively change their minds.

[smalldog]

well what dya know:

HMRC

[DonkeyRhubarb]

well what dya know:

HMRC

Apparently HMRC disagrees.

HMRC rejects insolvency fear claims | Economia

[regron]

Not really anything new, but maybe we should all start hounding the contacts in the 'Further Advice' section

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

[smalldog]

Not really anything new, but maybe we should all start hounding the contacts in the 'Further Advice' section

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

about time they published the list of schemes I would think, might phone them to find out!

Ive sent an email to Brian.

[dezze]

Apparently HMRC disagrees.

HMRC rejects insolvency fear claims | Economia

HMRC quote “They are only paying the money that is legally due.”

Isn't this, "may be legally due" ??

[smalldog]

Response from HMRC:

Dear Mr XX

Thank you for your email.

We shall be publishing the list of affected DOTAS schemes by Royal Assent to the Finance Bill. The DOTAS list is only one part of what may trigger an APN; they can also be received as a result of receiving a follower notice or using a scheme that is counter-acted under the general anti-abuse rule.

Regards

Brian New

Brian New
Counter-Avoidance Policy
Warwick House
Station Road
Redhill
RH1 1QU
Tel: 03000 536935

My subsequent reply:

Dear Mr New, thanks for the reply.

In terms of the treasury statements around HMRC enforcement I understand Time to pay arrangements have been suggested in the case of genuine hardship by Mr Gauke. I would imagine this being quite far reaching, otherwise we could end up in a situation where someone is bankrupted for an APN, Only to then find they win the eventual litigation case, would the earlier bankruptcy be unwound, would credit lines/historys etc be reinstated? Can you confirm if there is any guidance for the tax payer in respect of this?

Appreciate that HMRC win 80% of cases taken to litigation, but its not a given this is already HMRC money that will not eventually be due back to the taxpayer. Therefore an element of uncertainty and I assume caution would need to be exercised in bankrupting someone over what is purely a potential debt until litigation finally settles the dispute?

I could very well find myself in this position so would very much appreciate any guidance you can offer.

regards

[tax is taxing]

I shall send one too...

Thanks for the template.

[smalldog]

I shall send one too...

Thanks for the template.

I see no harm in probing the contacts provided as part of the legislation notes. They're there to answer questions, IMHO there is nothing to be gained by hiding in the shadows. Time to break cover in my view and venture into no mans land.

Hello hmrc, who have probably Cunningly put two and two together from my email and this forum and worked out who I am! Shock horror.

[BrilloPad]

Does anyone know the exact date when Royal assent is due?