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

[OneUnited]

... client transactions pre date or outwith DOTAS. Do you mean OUTSIDE DOTAS?

client transactions pre date or outwith DOTAS. Do you mean OUTSIDE DOTAS? It was extracted from the letter

[NO TO RETRO]

Thanks Lisa.

So APNs will now be able to include NICs, as well as tax.

Apologies for someone joining this thread again after some time but the latest posts have been distressing me. Can someone provide some more clarity on these APNs?
I took out a CTD a few years ago which covered the amount of tax and NI that HMRC claimed I owe them. As I understand it, this CTD stopped interest accruing on the amount I owed from the date I purchased it (any interest accrued before I took out the CTD I still owe).
Why would/might an APN affect this? Isn't an APN simply a request for that payment, just over a shorter amount of time i.e 90 days?
Also, if it was true that for whatever reason, the issuing of an APN somehow discounted the CTD covering the interest owed, then would it be worth withdrawing the appeal and settling, using the CTD, before the APN lands on the door mat?

[bananarepublic]

client transactions pre date or outwith DOTAS. Do you mean OUTSIDE DOTAS? It was extracted from the letter

Had to look that one up - does actually mean outside. Sorry I thought you had mistyped!

[lucozade]

Apologies for someone joining this thread again after some time but the latest posts have been distressing me. Can someone provide some more clarity on these APNs?
I took out a CTD a few years ago which covered the amount of tax and NI that HMRC claimed I owe them. As I understand it, this CTD stopped interest accruing on the amount I owed from the date I purchased it (any interest accrued before I took out the CTD I still owe).
Why would/might an APN affect this? Isn't an APN simply a request for that payment, just over a shorter amount of time i.e 90 days?
Also, if it was true that for whatever reason, the issuing of an APN somehow discounted the CTD covering the interest owed, then would it be worth withdrawing the appeal and settling, using the CTD, before the APN lands on the door mat?

I sincerely hope that the new people popping up have been making regular donations to NTRT and engaging with their MPs. if not then why not?

[bananarepublic]

Apologies for someone joining this thread again after some time but the latest posts have been distressing me. Can someone provide some more clarity on these APNs?
I took out a CTD a few years ago which covered the amount of tax and NI that HMRC claimed I owe them. As I understand it, this CTD stopped interest accruing on the amount I owed from the date I purchased it (any interest accrued before I took out the CTD I still owe).
Why would/might an APN affect this? Isn't an APN simply a request for that payment, just over a shorter amount of time i.e 90 days?
Also, if it was true that for whatever reason, the issuing of an APN somehow discounted the CTD covering the interest owed, then would it be worth withdrawing the appeal and settling, using the CTD, before the APN lands on the door mat?

HMRC have not yet made up their minds yet on whether the purchase date of the CTD will be honoured if an APN is issued. Mad but true.

Put simply if you use a CTD to settle an APN, only the principle will be carried over and the payment date when you bought the APN, not the CTD. In effect, you have encashed the CTD for cash and not tax. (It will probably be HMRC's argument that they pay interest on the CTD in this case - even if it is 0%!!!). OR they might honour the CTD's purchase date. OR it might be the basis of an appeal.

*IF* the CTD issue is not resolved in our favour then, yes if you get an APN you will have to decide whether to settle or risk a huge interest bill.

[bananarepublic]

I sincerely hope that the new people popping up have been making regular donations to NTRT and engaging with their MPs. if not then why not?

I am a member of NTRT and have seen my MP on this and have sent him numerous questions.

[KAK123]

I sincerely hope that the new people popping up have been making regular donations to NTRT and engaging with their MPs. if not then why not?

Absolutely. Monthly donations and toolkits...Whether NTRT ends up with a positive outcome or not the support and comfort gained from knowing this farce has been challenged in a very structured way is much appreciated.

[NO TO RETRO]

HMRC have not yet made up their minds yet on whether the purchase date of the CTD will be honoured if an APN is issued. Mad but true.

Put simply if you use a CTD to settle an APN, only the principle will be carried over and the payment date when you bought the APN, not the CTD. In effect, you have encashed the CTD for cash and not tax. (It will probably be HMRC's argument that they pay interest on the CTD in this case - even if it is 0%!!!). OR they might honour the CTD's purchase date. OR it might be the basis of an appeal.

*IF* the CTD issue is not resolved in our favour then, yes if you get an APN you will have to decide whether to settle or risk a huge interest bill.

But would it be too late (to save you paying the accrued interest) if you wait for the APN to be issued? Or are you saying that is irrelevant because you can withdraw the appeal, which then nullifies the APN?

[DonkeyRhubarb]

So we will only have follower notices applied, not APN's? I joined in 2001..

I said "our reading" of the DOTAS legislation.

HMRC will no doubt take a different view, assuming of course they've even bothered to read and understand the legislation.

Obviously we can take comfort in the fact that HMRC never break the rules.

[bananarepublic]

But would it be too late (to save you paying the accrued interest) if you wait for the APN to be issued? Or are you saying that is irrelevant because you can withdraw the appeal, which then nullifies the APN?

That is the long and the short of it yes.

As I've said, there is uncertainty around this. If they don't accept CTD's there is obviously a clear breach of trust as not only does the CTD documentation mention that they should be used when you are under investigation, but last year we also got one of those circulars from HMRC saying that we should buy a CTD.

There is also a human rights angle here as well. Basically, if you have a CTD they are saying you would have to pay extra (the interest) to get your case heard. Which is (hypothetically) outrageous.