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

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

    Originally posted by tax is taxing View Post
    Yeap, received mine. It's interesting that BOYLE Vs HMRC has been used as a reference.....

    Jan - settlement deadline .

    HMRC seems to believe that contractors are sitting on A pile of cash...
    I'm at a loss to understand why they have bothered other than to give themselves more time to get their act together and perhaps claim at a later date that we were given plenty of warning if they introduce even more draconian retro laws.

    So we can pay everything now or wait until January and possibly not even get an APN for a further 18 months, which would freeze the interest until they finally get around to court and have to prove their case? Seems like a no-brainer.

    Hmmm - another thought, is there an advantage to everyone writing in at the same time and asking for a calculation? Wonder how they'd handle 33,000 of them all at once, and we can legitimately claim if they try anything sneaky down the line that we attempted to make contact, it's not our fault if they are inept.
    Last edited by OnYourBikeGB; 27 July 2014, 12:28.

    Comment


      Originally posted by OnYourBikeGB View Post
      I'm at a loss to understand why they have bothered other than to give themselves more time to get their act together and perhaps claim at a later date that we were given plenty of warning if they introduce even more draconian retro laws.

      So we can pay everything now or wait until January and possibly not even get an APN for a further 18 months, which would freeze the interest until they finally get around to court and have to prove their case? Seems like a no-brainer.

      Hmmm - another thought, is there an advantage to everyone writing in at the same time and asking for a calculation? Wonder how they'd handle 33,000 of them all at once, and we can legitimately claim if they try anything sneaky down the line that we attempted to make contact, it's not our fault if they are inept.
      My guess is they have sent that letter so that they can send an APN in Jan to anyone that hasnt settled. All part of the HMRC "we gave them a chance" strategy.

      Comment


        Originally posted by smalldog View Post
        My guess is they have sent that letter so that they can send an APN in Jan to anyone that hasnt settled. All part of the HMRC "we gave them a chance" strategy.
        The geniuses have made this coincide with the sa deadline, so no overloading of staff foreseen by management.....

        Comment


          Originally posted by OnYourBikeGB View Post
          I'm at a loss to understand why they have bothered other than to give themselves more time to get their act together and perhaps claim at a later date that we were given plenty of warning if they introduce even more draconian retro laws.

          So we can pay everything now or wait until January and possibly not even get an APN for a further 18 months, which would freeze the interest until they finally get around to court and have to prove their case? Seems like a no-brainer.

          Hmmm - another thought, is there an advantage to everyone writing in at the same time and asking for a calculation? Wonder how they'd handle 33,000 of them all at once, and we can legitimately claim if they try anything sneaky down the line that we attempted to make contact, it's not our fault if they are inept.
          Why ask for a calculation now. Rather wait for the APN and dispute the calculation at the end of the 90 day period. Can't see any advantage personally.

          Comment


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

            Originally posted by TheDandy View Post
            Why ask for a calculation now. Rather wait for the APN and dispute the calculation at the end of the 90 day period. Can't see any advantage personally.
            Because if they're busy doing 33,000 calculations it could glue up the works at a time that they're already struggling.

            I should add that I'm not saying we accept the calculation, we just ask for it to negate them later claiming we did nothing. Then wait for the APNs, and then dispute at that point, after 89 days. Just a thought.
            Last edited by OnYourBikeGB; 27 July 2014, 16:15.

            Comment


              Originally posted by OnYourBikeGB View Post
              Because if they're busy doing 33,000 calculations it could glue up the works at a time that they're already struggling.

              I should add that I'm not saying we accept the calculation, we just ask for it to negate them later claiming we did nothing. Then wait for the APNs, and then dispute at that point, after 89 days. Just a thought.
              But it doesn't matter now unless you really want to settle. The settlement will require you to furnish information to perform the calculation. If you provide that now the HMRC base calculation is not going to change between now and the issue of the APN and in reality you are unlikely to marshall 33,000 people to do the same thing now from a post on CUK. It's more likely individuals will wait until the last possible moment to delay the process (at the end of the 90 day payment period of the APN I wager). Incidentally the suggestion that one hasn't done anything would be erroneous, after-all most have appealed have they not. This is merely an attempt to drive behaviour and there are no sensible carrots alongside the veiled threats. If HMRC really want to calculate the perceived outstanding tax then they could start issuing information requests surely. The premise is that everyone but HMRC is responsible for playing the system and doing nothing- there appears to be no real incentive to proving otherwise now - besides it's their retro law and timescales, no one else invented them. A deafening silence is the best thing they can receive at the moment.

              Comment


                Originally posted by TheDandy View Post
                But it doesn't matter now unless you really want to settle. The settlement will require you to furnish information to perform the calculation. If you provide that now the HMRC base calculation is not going to change between now and the issue of the APN and in reality you are unlikely to marshall 33,000 people to do the same thing now from a post on CUK. It's more likely individuals will wait until the last possible moment to delay the process (at the end of the 90 day payment period of the APN I wager). Incidentally the suggestion that one hasn't done anything would be erroneous, after-all most have appealed have they not. This is merely an attempt to drive behaviour and there are no sensible carrots alongside the veiled threats. If HMRC really want to calculate the perceived outstanding tax then they could start issuing information requests surely. The premise is that everyone but HMRC is responsible for playing the system and doing nothing- there appears to be no real incentive to proving otherwise now - besides it's their retro law and timescales, no one else invented them. A deafening silence is the best thing they can receive at the moment.
                I'm not disagreeing it's just a thought. But as far as providing information goes, what else is there for us to provide? Everyone affected by S58 has already supplied that information, and we've all received previous estimates. The only thing left to recalculate is interest. But yes, I take your point, we are a small minority of those affected, and I presume people who used EBTs etc may not have already provided the details.

                Comment


                  Wrong Info

                  Originally posted by OnYourBikeGB View Post
                  I'm not disagreeing it's just a thought. But as far as providing information goes, what else is there for us to provide? Everyone affected by S58 has already supplied that information, and we've all received previous estimates. The only thing left to recalculate is interest. But yes, I take your point, we are a small minority of those affected, and I presume people who used EBTs etc may not have already provided the details.
                  How about everyone write them a letter asking to take up the settlement opportunity with a slightly incorrect "reference number" and fake name/address... it would mean that they would at least have to manually check each and every letter to see if its genuine or not?

                  Yeah its petty and would only waste a bit of time, but for the cost of a 2nd class stamp.....I'm sure it would somewhat annoy the over worked folks at the HMRC?

                  Comment


                    Originally posted by costo View Post
                    How about everyone write them a letter asking to take up the settlement opportunity with a slightly incorrect "reference number" and fake name/address... it would mean that they would at least have to manually check each and every letter to see if its genuine or not?

                    Yeah its petty and would only waste a bit of time, but for the cost of a 2nd class stamp.....I'm sure it would somewhat annoy the over worked folks at the HMRC?
                    and what will you achieve annoying the poor person who is merely doing their job....
                    merely at clientco for the entertainment

                    Comment


                      What HMRC are trying to make you think

                      http://www.hmrc.gov.uk/research/report191.pdf

                      An insight to what they think of us and our decision making. I've seen a more detailed analysis somewhere else on the net.

                      Comment

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