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

[DonkeyRhubarb]

On that point - are we not already headed for the UT as the FTT won't hear the argument on free movement of capital?

I think Montpelier will still have to apply for permission to appeal to the UT once the FTT have handed down a judgment.

[helen7]

Did I miss something

I seem to be missing something here....

So did the FTT happen and we lost???? Does anyone have a summary.

[DonkeyRhubarb]

I seem to be missing something here....

So did the FTT happen and we lost???? Does anyone have a summary.

The Huitson FTT happened last week.

We are now waiting for the Judges to reach a decision and publish their judgment.

The NTRT chairman attended, and included a summary in Friday's newsletter. Montpelier have said they will send out an update in due course.

[growler]

I seem to be missing something here....

So did the FTT happen and we lost???? Does anyone have a summary.

Indeed. I read the email as mildly positive, but come here and it's like we're finished.

I think Invisible Touch was the group's undisputed masterpiece

[BrilloPad]

Frankly anybody who doesn't already have a plan in place for what they will do when this happens needs to have their head looked at - it's not like we'll be able claim that it's a surprise! It's all very nice watching from the sidelines, but the fact remains that regardless of what else is going on, HMRC currently have the power to drop an APN on our heads at any time with very little comeback from our part.

Some people want time to put their affairs in order. Sell property. I just want to know when my shrink should get me sectioned.

Firstly, if Montpelier lose at the FTT, they would have to seek permission to appeal to the UT. This is likely to be granted but not guaranteed.

If the case is lost at the UT, Montpelier could appeal to the Court of Appeal, and then the Supreme Court.

At each stage Montpelier would have to get permission to appeal. You can't assume it will go all the way. A court might refuse permission.

HMRC can only issue a follower notice after all appeals have been exhausted.

I guess what you, and everyone else, wants to know is when could you be forced to pay. Unfortunately that's a difficult question to answer, as it depends how far the appeals process goes.

Many thanks - perfect summary.

Indeed. I read the email as mildly positive, but come here and it's like we're finished.

I think Invisible Touch was the group's undisputed masterpiece

Plan for the worst - hope for the best.

Even if everyone here does think we are finished, who gives a stuff? It will have no bearing on the outcome.

[BolshieBastard]

Firstly, if Montpelier lose at the FTT, they would have to seek permission to appeal to the UT. This is likely to be granted but not guaranteed.

If the case is lost at the UT, Montpelier could appeal to the Court of Appeal, and then the Supreme Court.

At each stage Montpelier would have to get permission to appeal. You can't assume it will go all the way. A court might refuse permission.

HMRC can only issue a follower notice after all appeals have been exhausted.

I guess what you, and everyone else, wants to know is when could you be forced to pay. Unfortunately that's a difficult question to answer, as it depends how far the appeals process goes.

Unless things have changed since my adjudication days in the now DWP, if a tribunal refuses leave to appeal, an appeal can still be made but the appellant has to show the originating tribunal erred in law or, new, fresh evidence not available at the original hearing becomes available (there were other conditions attached to this 'new, fresh evidence' but I cannot rememeber what these were).

[DonkeyRhubarb]

Unless things have changed since my adjudication days in the now DWP, if a tribunal refuses leave to appeal, an appeal can still be made but the appellant has to show the originating tribunal erred in law or, new, fresh evidence not available at the original hearing becomes available (there were other conditions attached to this 'new, fresh evidence' but I cannot rememeber what these were).

I'm sure you're right. I just didn't want people to assume that an appeal is automatic.

Appealing from the FTT to the UT is probably not that difficult.

It gets harder the higher up you go, as we found out when the Supreme Court refused to hear the human rights case.

[DonkeyRhubarb]

Investors win right to challenge HMRC accelerated payment notices

Published today.

Investors win right to challenge HMRC accelerated payment notices

[orientalist]

Published today.

Investors win right to challenge HMRC accelerated payment notices

And the nub of it in the last sentence "APNs could also be challenged on the basis that the legislation is retrospective because it applies to DOTAS schemes which were entered into before the APN rules came into force."

we always said we were the thin end of the wedge....

[smalldog]

Published today.

Investors win right to challenge HMRC accelerated payment notices

I wonder does this imply the suspensions of the APN's purely applies to that scheme or it means that HMRC cant send them to anyone until this is heard?