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No To Retro Tax – Campaign Against Section 58 Finance Act 2008
Originally posted by LisaContractorUmbrellaView Post
There is a section in the guidance that deals with this issue:
If a later case was to significantly change the effect of the relevant judicial decision HMRC will reconsider whether any follower notices which have been issued (and the associated APNs) should still be maintained or withdrawn and modified
What a crock of tulip this is turning into. And when they refuse to withdraw the APN / Fns, as they will, then no doubt there will be more legal challenges and appeals. Wish I'd become a tax barrister, they're the only ones that are going to come out of this smiling from ear to ear. Well done Osborne / Gauke. You really are a pair of little rich boy s
The point is that many scheme users are in cloud cuckoo land ...
That depends. If they are spending the money, or preparing to go abroad when they get caught, then no issue. But HMRC will get that by fair means or foul - probably foul.
That depends. If they are spending the money, or preparing to go abroad when they get caught, then no issue. But HMRC will get that by fair means or foul - probably foul.
Planning to go abroad - is there anywhere safe nowadays? Watching the opening ceremony of the commonwealth games made me realise how many countries would not be worthwhile going to. Presuming most will have agreements in place.
Planning to go abroad - is there anywhere safe nowadays? Watching the opening ceremony of the commonwealth games made me realise how many countries would not be worthwhile going to. Presuming most will have agreements in place.
Zimbabwe? At least retrospective legislation is illegal over there.
You make a good point. I hope these people are spending all their cash.
Originally posted by LisaContractorUmbrellaView Post
There is a section in the guidance that deals with this issue:
If a later case was to significantly change the effect of the relevant judicial decision HMRC will reconsider whether any follower notices which have been issued (and the associated APNs) should still be maintained or withdrawn and modified
You will notice that there is no "reverse FN". For example, if you are in a dispute and HMRC lose a "similar" case, then if life were fair HMRC should repay any tax they have collected, or stop pursuing for alleged but now no longer due amounts. This was a point raised in the "consultation" on this issue (little more than lip service in truth as the decision had already been made). Suggested inclusion was ignored.
This has a way to go in terms of a full policy so the best that can be done now is to try and shape something out of the inevitable wreckage.
I would also defend the HMRC case officers. (I admit that I used to be one but left several decades ago). Most case officers are civil servants doing as they are told. Most take no pleasure in making people's lives a misery. Just about all of them would be horrified if they thought that a tax bill or situation ON ITS OWN would cause some of the more extreme reactions mentioned on this board and others.
The policy makers in HMRC are sufficiently distanced from the case officers as to be insulated. Those policy makers work very closely with the MP's. It is that level of officer/MP which deserves approbation.
Now we know why HMRC are so desperate to rake in as much moneys as possible. It's because they need more to waste elsewhere through their "unacceptably poor management". £1bn in profit? Bet they wish they'd screwed the big companies they way they screw the little ones.
Interesting that they claim they are trying to promote small IT businesses when all their actions indicate they are trying to kill them.
They continue to hire incompetent consultancies - probably in return for wining and dining - and we foot the bill. If they started taxing the big corporations and stopped spending our money frivolously on themselves then we'd have more money in the pot.
There is nothing incompetent about the big consultancies. They are brilliant at generating activity that gives the illusion of progress. With T&M contracts that pay on milestones that can easily be fudged they have learnt how to print their own money.
The problem lies with the Public Sector incompetents that hire the consultancies with no accountability for the chaos that then develops.
Rant over.
Can someone clarify whether the £45 per month requested is an absolute amount per month or is to be added to the current monthly standing order amount?
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