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

[helen7]

I've received the pre-APN letter but 2 others I know well haven't. My liability is a not an insignificant 5 figure amount, where as the others are well into 6 figures.

Could HRMC be targeting the smaller liabilities first in a hope those individuals have more chance of just paying up?

I got mine at the weekend; Mine will be close too 300k so not a smaller liability!!!!

[DonkeyRhubarb]

But they DID do a deal and presumably there is evidence of this that can be shown in court.

Also presume his circumstances were not in fact that unique as we are presenting the argument as applicable to the wider group.

Remember, HMRC are weasels. When's a deal not deal? When HMRC say it's not a deal.

They will just claim they settled based on the facts of the individual case.

There was nothing particularly unusual or unique about George's circumstances.

[elpinar]

no - im over 100k and got the letter so bang goes that theory ...PLUS i (as you all know by now) got told i get the APN in up to 4 weeks not 8,

Gogin on holiday next week so whats the betting it turns up whilst im away

My APN liability is aprox 49k. I have had the pre-apn letter.
I was with MTM.

[DonkeyRhubarb]

Greater than 75%

Greater than 75% is the highest % a barrister will ever give. Even if they think it's a virtual dead cert.

In our case, the barrister we've used is an FTT Judge so this gives even more confidence. You can find her past cases by selecting Judge - "Redston, Anne Redston" here:
The Finance & Tax Tribunal

So why would anyone want to settle if the odds are so good?

Because there's always a risk, no matter how small, that a tribunal won't see it the same way. And the outcome is binary, win or lose, all or nothing. Also, even if you win, HMRC will probably appeal. It could drag on for years.

[GripRacing]

I got mine at the weekend; Mine will be close too 300k so not a smaller liability!!!!

Hi Helen7,

Were you with MP or another provider?

[elpinar]

i presuem in this case everyone has to appeal /make thier case on an individual basis ... so no class action

Greater than 75% is the highest % a barrister will ever give. Even if they think it's a virtual dead cert.

In our case, the barrister we've used is an FTT Judge so this gives even more confidence. You can find her past cases by selecting Judge - "Redston, Anne Redston" here:
The Finance & Tax Tribunal

So why would anyone want to settle if the odds are so good?

Because there's always a risk, no matter how small, that a tribunal won't see it the same way. And the outcome is binary, win or lose, all or nothing. Also, even if you win, HMRC will probably appeal. It could drag on for years.

[bananarepublic]

Greater than 75% is the highest % a barrister will ever give. Even if they think it's a virtual dead cert.

In our case, the barrister we've used is an FTT Judge so this gives even more confidence. You can find her past cases by selecting Judge - "Redston, Anne Redston" here:
The Finance & Tax Tribunal

So why would anyone want to settle if the odds are so good?

Because there's always a risk, no matter how small, that a tribunal won't see it the same way. And the outcome is binary, win or lose, all or nothing. Also, even if you win, HMRC will probably appeal. It could drag on for years.

One thing I have learnt from this sorry mess is beware lawyers bearing opinions. I wonder how many opinions since the original IR35 judicial review in 2000 have been favourable to this extent?

[helen7]

Hi Helen7,

Were you with MP or another provider?

Yep MP

[DonkeyRhubarb]

i presuem in this case everyone has to appeal /make thier case on an individual basis ... so no class action

Technically yes. But do you think HMRC would want hundreds of individual cases?

HMRC didn't properly investigate the scheme in the first place which is why the George argument works.

[BolshieBastard]

I've received the pre-APN letter but 2 others I know well haven't. My liability is a not an insignificant 5 figure amount, where as the others are well into 6 figures.

Could HRMC be targeting the smaller liabilities first in a hope those individuals have more chance of just paying up?

Well I dont want to put the fluence on anything but MP told me mine was one of the smaller liabilities they have. I havent received anything although I was only in the scheme from the early days for a couple of years.