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

[centurian]

So they can open an enquiry (without any form of demand or figures involved), sit on it without contacting you for years and then say you owe them a load extra in interest because they then decide to do something about it? (which in this case isn't to actually go through legal proceedings, but just say you might owe them, but pay up now).

Yes, that's pretty much it - their view is that it's your fault you didn't pay enough tax, so interest is due from the date they think you should have paid it.

However, they do have to raise an enquiry within a certain time limit - and I suspect the January 2010 was that. Worth double checking the timeframes and that the letter contained the correct detail - I believe HMRC have given up on certain cases when they didn't correctly open an enquiry in time.

[centurian]

Actually interest starts accruing from when payments on account would have been due.

Ouch, that's even worse - does that apply from year 1 - I thought payment on account only kicked in on the second year.

[smalldog]

Interesting, I dont seem to have a scheme reference number of my final SA for 2006. So assume I would be subject to a follower rather than an APN. Unless of course HMRC will insist retrospectively it should have been listed! You never know!!

[OnYourBikeGB]

A bit of a side issue, but I just read this on the BBC report on the new powers being voted in so the Government can further negate civil liberties. Incidentally Theresa May has described it as preserving the status quo. Where have we heard that bulltulip tactic before?

David Davis's quote brought a black laugh from my throat when he described the three functions of Parliament when I thought how it might apply to our situation

"One is to scrutinise legislation, one is to prevent unintended consequences, and one is to defend the freedom and liberty of our constituents."

And there was me thinking it was to keep the plebs in place by stripping them of their rights by voting along party lines irrespective of the consequences, safe in the knowledge MPs would be immune. 0 out of 3 David. Could do better.

[the great escape]

lords today, 2nd reading

Here's the list for this evening's 2nd reading at 19:30. Can only find Lord Deighton on twitter. If anyone can find the others, please post.

In the meantime, it's 10 salient tweets to @UKHouseofLords

L Davies of Oldham
L Deighton (Minister)
@Infra_minister
L Flight
L Joffe
5 L Lawson of Blaby
L MacGregor of Pulham Market
L Razzall
L Wakeham

[centurian]

Interesting, I dont seem to have a scheme reference number of my final SA for 2006. So assume I would be subject to a follower rather than an APN. Unless of course HMRC will insist retrospectively it should have been listed! You never know!!

I think that's exactly how it works. Doesn't it apply to any DOTAS scheme, or any scheme/arrangement which HMRC think should have had a DOTAS number.

Whether they will spot it / can be arsed to do it for your 2006 return is another matter, but I think they can apply an APN even if you didn't include a DOTAS number.

[DonkeyRhubarb]

Ouch, that's even worse - does that apply from year 1 - I thought payment on account only kicked in on the second year.

That's the way they have calculated it. I guess their argument is that we knowingly underpaid.

[aexport]

Discovery/Enquiry timelines still valid

It is worth remembering that HMRC can only issue APN if they have open enquiries/discovery assessments, they still need to abide by their 4/6 (/20) year rules.

[Oakleyacc]

APNs

If HMRC are going to send out APNs to those whose DOTAS numbers are on their list then I don't see how they can send out APNs to those who didn't put a number on their tax returns. It would have to be a follower of a scheme with a DOTAS number.

I've checked and there are no DOTAS numbers on my returns. I'm sure I would have put them on if MP had told me to. Seems odd that I haven't got any. This may mean that those of us who didn't have a DOTAS number to put on their tax returns will have to wait a little longer for their APNs. I suppose that's a good thing.

[BrilloPad]

This is ANOTHER thing that gets me about HMRC. Are we affected by APN or not? Straightforward question.

Hello Alan - I know you are reading this. Get on the case will you please? Or are you going to carry on being a ?

Don't forget to go crying to the police or your mamma when you get upset - big girls blouse.