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

[neil99]

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Is this of any use to people in the Penfolds / ASIOM EBT schemes?

[DotasScandal]

Is this of any use to people in the Penfolds / ASIOM EBT schemes?

Anything that contributes to the fight against the APN legislation is of use. If you are a victim of restrospective taxation, then yes, by all means, supporting NTRT (not only morally) is the right thing to do.
Once you step away from the "what's in it for me" thinking and realize that S.58 victims got shafted yesterday the same way EBT users are getting shafted today, it becomes very clear that their fight is everyone's fight.

[SantaClaus]

Is this of any use to people in the Penfolds / ASIOM EBT schemes?

Hi Neil,

NTRT’s main focus is to help members who entered into an arrangement to utilise the Double Taxation Agreement (DTA) between the UK and the Isle of Man and unfortunately, we do not campaign for those affected by EBT schemes and would suggest visiting the other CUK forums for more help on that issue:

HMRC Scheme Enquiries

The reason is we simply don't have the resources, funds or manpower to fight every tax grab from HMRC. But DotasScandal is right, at the beginning of our campaign, many people mocked and were very smug about our predicament. But now, HMRC are widening their net. Who will be next? Contractors operating through a Ltd company maybe?

Best regards

Santa

[DotasScandal]

PART 2:

I also feel it’s important to assist in correcting some of the mindset of recent comments. I.E “life is going to end as we know it”
(...)

That was a long lecture which I think is ultimately missing the point.
The killer aspect of the APN/FN legislation is that there is NO APPEAL (you know that, right?)
Yes, you can go to FTT, UTT, etc etc.
That's irrelevant to APNs, as it is a completely different stream.
In other words: having a case being heard at the FTT, UTT, or above will not prevent you from receiving an APN if you are being targeted for one. HMRC is a bureacracy where teams work in silos - I would be very surprised if the guys in charge of "issuing xxxx APNs by mm/yy" cared in the least about any ongoing or planned tribunal proceedings. In my opinion, they will fire away, if only to meet their objectives.

Also, please appreciate that many scheme providers have simply disappeared, letting their former clients to hold the bag. In that situation, it is difficult to let the promoter do the talking to HMRC....
(And as a side note to this: those people would be well advised to join or form a fighting group right away, if they have not done so already.)

[JusticeJames]

That was a long lecture which I think is ultimately missing the point.
The killer aspect of the APN/FN legislation is that there is NO APPEAL (you know that, right?)
Yes, you can go to FTT, UTT, etc etc.
That's irrelevant to APNs, as it is a completely different stream.
In other words: having a case being heard at the FTT, UTT, or above will not prevent you from receiving an APN if you are being targeted for one. HMRC is a bureacracy where teams work in silos - I would be very surprised if the guys in charge of "issuing xxxx APNs by mm/yy" cared in the least about any ongoing or planned tribunal proceedings. In my opinion, they will fire away, if only to meet their objectives.

Also, please appreciate that many scheme providers have simply disappeared, letting their former clients to hold the bag. In that situation, it is difficult to let the promoter do the talking to HMRC....
(And as a side note to this: those people would be well advised to join or form a fighting group right away, if they have not done so already.)

Hi. You are mistaken in the fact that you have no right to appeal. I know. Iv had one. You have 30 days to respond. So day 27 you/your accountant or the scheme provider submits a letter (sent special delivery). You state that you cannot meet the demands of the payment requested because in doing so you will be facing financial extremity. HMRC then have to take you to court for you to explain yourself and your circumstances. This is your right to appeal the amount.

[JusticeJames]

I can't seem to attach the reverse copy of the APN.
But it says the same thing as it does on the HMRC website:


[ARCHIVED CONTENT] HM Revenue & Customs: Appealing to the tribunal

To emphasis my main point I was trying to make.
HMRC cannot force you into bankruptcy. Nor can they make you remortgage or sell up. So ultimately those saying they will have to go bankrupt or sell their house. This is not a facet you have to worry about. Yes it's a bloody nightmare recieving such letters. But that's all it is - a letter. And that demand has to follow a procedure no matter what HMRC say. It's not a case of pay up now or we will take your home and raid your bank accounts. That's all hearsay and propaganda.

[cojak]

I can't seem to attach the reverse copy of the APN.

You will need to save the PDF to Google Drive and post a public link to it.

[DonkeyRhubarb]

APN process

I'd just like to correct some inaccuracies above.

When you receive an APN you have 90 days (not 30) to make representations to HMRC. This is kind of like an appeal but HMRC decide the outcome and there is no independent scrutiny like a tribunal.

If HMRC reject your representations, there is no right of appeal. Yes you can take your original tax dispute to the FTT but that does not stop the APN being enforceable

At this stage, it's not clear what HMRC will do if people can't pay.

[DonkeyRhubarb]

Hi. You are mistaken in the fact that you have no right to appeal. I know. Iv had one. You have 30 days to respond. So day 27 you/your accountant or the scheme provider submits a letter (sent special delivery). You state that you cannot meet the demands of the payment requested because in doing so you will be facing financial extremity. HMRC then have to take you to court for you to explain yourself and your circumstances. This is your right to appeal the amount.

I'm afraid you are misinformed.

You can make representations to HMRC about an APN.

But you cannot appeal an APN to a court.

[JusticeJames]

I'd just like to correct some inaccuracies above.

When you receive an APN you have 90 days (not 30) to make representations to HMRC. This is kind of like an appeal but HMRC decide the outcome and there is no independent scrutiny like a tribunal.

If HMRC reject your representations, there is no right of appeal. Yes you can take your original tax dispute to the FTT but that does not stop the APN being enforceable

At this stage, it's not clear what HMRC will do if people can't pay.

Yes sorry, I meant 90 days - so send response day 87 special Delivery.