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

[DonkeyRhubarb]

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?

As it turns out, there are 3 lawyers who have endorsed the George argument. But I agree with your point.

[screwthis]

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.

If/when the time comes that will be a difficult choice for those of us that have the resources to pay the settlement amount.

[SleepingFireman]

If/when the time comes that will be a difficult choice for those of us that have the resources to pay the settlement amount.

So if some one pays their APN liability and subsequently the George argument eventually wins out, would you get back the APN monies paid to HMRC?

Alternatively, if HRMC offer the George deal after a APN has been paid, tough you miss out?

[DonkeyRhubarb]

If/when the time comes that will be a difficult choice for those of us that have the resources to pay the settlement amount.

It would depend what the settlement amount was.

I wouldn't be surprised if one of the reasons HMRC are issuing APNs now is to try and kill off the George route.

They can see things moving in a direction they really don't like.

[DonkeyRhubarb]

So if some one pays their APN liability and subsequently the George argument eventually wins out, would you get back the APN monies paid to HMRC? Yes

Alternatively, if HRMC offer the George deal after a APN has been paid, tough you miss out? No

Paying an APN is like paying on account. If it is subsequently determined that you paid too much then you get the money refunded.

[BrilloPad]

As was stated in the last newsletter, NTRT have sent a technical analysis of the argument to HMRC and are awaiting their response.

If they don't respond promptly, and in the right way, NTRT will proceed with FTT cases.

So here comes stupid question number 2(for today).

Montp have just had a FTTT case. Will NTRT launch a seperate FTTT case? Won't the two be tied together? Why didn't monp raise the issue at the Montp FTTT hearing? Was it not available then?

Please only respond for stuff that can be put publicly.

Cheers

[SleepingFireman]

Paying an APN is like paying on account. If it is subsequently determined that you paid too much then you get the money refunded.

Thanks DR!

I understand if the legal route wins out you'd get your money back.

But if say your APN was 10K, which you pay. But 6 months later a deal is available for outstanding APNs where by you can pay 50% of your liability with no legal recourse/refund later. Would HRMC really refund you 5K?

[DonkeyRhubarb]

But if say your APN was 10K, which you pay. But 6 months later a deal is available for outstanding APNs where by you can pay 50% of your liability with no legal recourse/refund later. Would HRMC really refund you 5K?

They'd have no choice under the terms of the settlement.

Remember, an APN only changes where the money sits until the dispute is resolved.

[DonkeyRhubarb]

So here comes stupid question number 2(for today).

Montp have just had a FTTT case. Will NTRT launch a seperate FTTT case? Won't the two be tied together? Why didn't monp raise the issue at the Montp FTTT hearing? Was it not available then?

Please only respond for stuff that can be put publicly.

Cheers

Not a stupid question at all.

For reasons I can't go into, Montpelier could not use the George argument. It conflicts with Huitson.

[lilikins1]

Ha. check out the comment in which they say that if HMRC can't get their own numbers right how can they expect other people to. UK Tax system = mess

HMRC Embarrasses George Osborne With £2 Billion Tax Income Error