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

[dezze]

If that's what your accountant thinks I suggest that he sticks to doing accounts!!

Where an enquiry is open or an assessment under appeal HMRC can go back to the start of the DOTAS regime. That is for normal APNs. For an APN raised as the result of a Follower Notice HMRC can go back before DOTAS.

The 2014 Finance Act is there for anyone to view. Look at section 212 - it's plain enough.

Of course where HMRC have not yet opened an enquiry the normal time limits apply.

Thing is, what are the normal time limits? If someone was on a scheme in say 2002-3, chances are it wasn't disclosed fully as such (and no enquiry or CN issued). Would the 'normal' limit now be 20 years, under Discovery?

[banchini]

Litigation and Settlement Strategy (LSS) compliance...

Having read the Newsletter, I had a question regarding any settlement; the letter mentions discussions with HMRC and compliance with the Litigation and Settlement Strategy (LSS).

Having had a cursory glance at the LSS, one guidance note reads..

Where HMRC believes that it is likely to succeed in litigation and that
litigation would be both effective and efficient, it will not reach an out
of court settlement for less than 100% of the tax, interest and
penalties (where appropriate) at stake. It therefore follows that, if the
customer is unwilling to concede in such cases, HMRC will seek to
resolve the dispute by litigation as quickly and efficiently as possible.

So I am wondering, how can we ever be compliant without having to pay full amount.

Interestingly, I can understand why no numbers are being presented in the letter, but can anyone provide any indication of what it could be.......?

Banchini

[Britspud]

APN Notices - What exactly will they be asking us to pay?

Hi all,

So...when these notices come through, what will the bill consist of? My understanding is that it will be the tax and NI due, but not the interest. The latter won't be due until after losing at TT. Is that right?

Thanks.

[SantaClaus]

Latest Newsletter

Dear all

The latest newsletter is now available on the NTRT website for any members who may not have received it:

Member’s Newsletters | No To Retrospective Taxation

Best regards

Santa

[bananarepublic]

Hi all,

So...when these notices come through, what will the bill consist of? My understanding is that it will be the tax and NI due, but not the interest. The latter won't be due until after losing at TT. Is that right?

Thanks.

Yes that is my understanding. In our case the APN should cover 04/05 tax year onwards. Interest will be payable if/when the appeals are finally extinguished.

[lucozade]

All this chat about the fine details of payment really doesn't matter to so many I expect. Interest payments or not I don't have the funds end of story. How many more of us in similar situations where bankrupcy is the only option?

[Britspud]

All this chat about the fine details of payment really doesn't matter to so many I expect. Interest payments or not I don't have the funds end of story. How many more of us in similar situations where bankrupcy is the only option?

I'm one of the luckier ones where I was only on the scheme for 2 full years plus about 2 months at the end of one tax year. I really feel for all of us, but especially those who were on it from the early days. If only fairness and empathy were in the HMRC dictionary...

[Britspud]

Yes that is my understanding. In our case the APN should cover 04/05 tax year onwards. Interest will be payable if/when the appeals are finally extinguished.

Thanks a lot.

[warlord]

All this chat about the fine details of payment really doesn't matter to so many I expect. Interest payments or not I don't have the funds end of story. How many more of us in similar situations where bankrupcy is the only option?

Did I read somewhere that the APN is 50%. I reckon my tax bill is 50k (plus the interest), not sure now much the NI bill is (first I have heard of this NI). So if MY APN is say 25k I can maybe get this (maybe), but 30/40/50k etc or more, then its bailiffs as I understand HMRC first attack, then maybe a charge on the house deeds or Bankruptcy. Grim times ahead.

[SantaClaus]

The Sunday Times

Check out today's Sunday Times if you can. They seem to have changed their stance from being against us to slightly onside.

Points we have mentioned/tweeted about have been brought up, including the hypocrisy of Cameron preaching the Magna Carta.

Wouldn't be surprised if some journalist have been caught by tax schemes, hence the 180 degree turn in reporting.