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

[BolshieBastard]

This is nothing like the retrospection applied to us. In our case they changed the law retrospectively. In this case they have just chosen to interpret the existing law retrospectively. Happens quite a lot, e.g. Section 660, residency rules etc.

It is always open to somebody hit with a demand to take HMRC to a tribunal and argue their case. In this case the law has been clearly written down and has not been changed. Our case is as I have said before completely different.

Disagree. There are no degrees of retrospection.

I have just found this letter which is dated 9 March 2006 sent by HMRC

Dear Sir

Notice Completion under Section 28A(5) TMA 1970

I refer to your recent correspondence and the information provided.

On reviewing this information, I have concluded that no further questions need to be raised and therefore no amendment is needed to your Self Assessment.

This letter gives notice that I have completed my enquiries into your 3/4 Self Assessment Tax Return.

Yours faithfully


A Barnett

If that letter is pukka, that's a massive undermining of hmrc's position.

[dpthomas007]

Disagree. There are no degrees of retrospection.



If that letter is pukka, that's a massive undermining of hmrc's position.

Trust me - the letter is pukka. If you want a copy I can send you one.

[swede]

Trust me - the letter is pukka. If you want a copy I can send you one.

bet your life they'll now be trying to concoct a suitable reason why the letter wasn't valid... probably using some sort of time machine/legislation/ministerial pressure etc. etc. etc.

BTW, thanks for coming forward.

[nevergiveup]

I have just found this letter which is dated 9 March 2006 sent by HMRC

Dear Sir

Notice Completion under Section 28A(5) TMA 1970

I refer to your recent correspondence and the information provided.

On reviewing this information, I have concluded that no further questions need to be raised and therefore no amendment is needed to your Self Assessment.

This letter gives notice that I have completed my enquiries into your 3/4 Self Assessment Tax Return.

Yours faithfully


A Barnett

Thanks for coming forward. I would assume your 3/4 tax year included some income received from the trust?

[BS81]

Notice of Completion Letters

Maybe I'm missing something but if HMRC have issued these letters to some people does it not mean that everyone should have received them? Don't they have a duty to treat all tax payers fairly and equally?

Were these letters only issued for certain years or have some people also received them for later years? The reason I ask is that I was only using it from 2006/07 and 2007/08.

[BrilloPad]

Maybe I'm missing something but if HMRC have issued these letters to some people does it not mean that everyone should have received them? Don't they have a duty to treat all tax payers fairly and equally?

Were these letters only issued for certain years or have some people also received them for later years? The reason I ask is that I was only using it from 2006/07 and 2007/08.

Same years I was in the scheme.

I believe only a few have received them - so ANYONE who has one MUST send it in. If you know people who are not on the forum please ask them.

I believe its very much in our favour - but I want to hear from DR, NTRT, Whitehouse etc.

[BS81]

Same years I was in the scheme.

I believe only a few have received them - so ANYONE who has one MUST send it in. If you know people who are not on the forum please ask them.

I believe its very much in our favour - but I want to hear from DR, NTRT, Whitehouse etc.

Thanks I don't know anyone who has received them but thought it is a bit odd that only some have received them when HMRC are supposed to treat everyone equally. That's obviously not the case if they are amending some returns (including mine) while accepting others with no amendments.

[TalkingCheese]

Thanks I don't know anyone who has received them but thought it is a bit odd that only some have received them when HMRC are supposed to treat everyone equally. That's obviously not the case if they are amending some returns (including mine) while accepting others with no amendments.

The complication (and potential for confusion/mixup) is that for the year in question they decided to make enquiries into everyone, including those who were not in the scheme at the time but joined just after. For those that joined after the year in question they received this exact letter... which kinda makes sense.

I assume they just scattered a few extra out there for good measure and to add to the confusion/uncertainty, but then we know what assume did... it made a broken livelihood out of you and me !

[DonkeyRhubarb]

I believe its very much in our favour - but I want to hear from DR, NTRT, Whitehouse etc.

I'm still here, and the simple answer is YES.

At first we thought it might have been a one-off but it now transpires it wasn't.

How many of these were issued is currently unknown but HMRC claimed in evidence to the High Court that they never accepted any claims. Oops.

[Guttersnipe]

One down, one to go...

Have just fought off one groundless enquiry from HMRC so can donate some cash towards this particular groundless assault on the law-abiding by the actively anti-democratic.

They tried to up my stamp duty from 1% to 3%....
I explained why that wasn't the case.
They said, tough luck.
The same explanation was then given to them on an expensive lawyer's headed paper with the request that we sort this out to save everyone "the expense and embarrassment of a tribunal."
They said, "ah, you're right."

So, they've spent probably a couple of thousand pounds of tax-payers money and at least a thousand pounds of my money trying to recover £8k to which they were quite clearly not entitled. Or, put another way, tried it on with a member of the public they expected to merely pay up for fear of the mighty HMRC. This is becoming their standard modus: to how many people are they doing this?

Utter, utter Canutes.