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

[arandomname]

I don't have precise figures but...

1) Over 300 enquiries were opened under discovery.

2) Several hundred users have never received any enquiries, in many cases involving multiple tax years.

It is likely that in the region of 1000+ tax returns will not be caught by S58.

Thanks for the info DR. Do Mont P. have all the details of which enquiries fall under this, or is it up to us to inform them?

[DonkeyRhubarb]

Thanks for the info DR. Do Mont P. have all the details of which enquiries fall under this, or is it up to us to inform them?

Assuming you forwarded enquiries on to Montpelier at the time then yes they do have details of those which were opened under discovery. The grounds of appeal lodged against Closure Notices were different in these cases.

Most of the 300+ opened under discovery I referred to were Montpelier clients.

[BettySwollocks]

Thanks DR, I will do the same and report in 2-3 months time when i get a response (yes i know they are supposed to reply in a month but they never have so far).
I have written to them on this before but got fobbed off. I also questioned their response further saying they knew all along as demonstrated by TE63 but that of course got superseeded by s58 - In HMRCs eyes anyway !

Still, I have long hoped tribunals will throw out the out of time discoveries given the evidence that HMRC were fully aware what to look for all along and this latest move seems to indicate realisation in HMRC that will indeed be the case. It could of course just be another inconsistancy to add to the list.

I did precisely what DR suggested back in January of this year (I'm a Mont P client) and despite a follow up letter I still haven't received any response - just about to send a third letter...

[DonkeyRhubarb]

I did precisely what DR suggested back in January of this year (I'm a Mont P client) and despite a follow up letter I still haven't received any response - just about to send a third letter...

Just to be clear, the issue I raised back in January was not HMRC's use of discovery. It was where they had issued Closure Notices without opening any enquiry whatsoever. This happened to a few people and when it was brought to HMRC's attention they immediately withdrew the closure notices.

If you have a closure notice, where no enquiry was opened, you should definitely write to HMRC and request that they withdraw the notice.

[BettySwollocks]

Just to be clear, the issue I raised back in January was not HMRC's use of discovery. It was where they had issued Closure Notices without opening any enquiry whatsoever. This happened to a few people and when it was brought to HMRC's attention they immediately withdrew the closure notices.

If you have a closure notice, where no enquiry was opened, you should definitely write to HMRC and request that they withdraw the notice.

Maybe I should have been clearer: I did what you suggested yesterday re Discovery but I did it back in January...

[portseven]

Is there a way to request HMRC to send copies of all corespondance they sent to you, just want to make sure I have everything they sent me.

[SantaClaus]

Is there a way to request HMRC to send copies of all corespondance they sent to you, just want to make sure I have everything they sent me.

You can always ask for everything they hold on you under the Data Protection Act. I received a telephone directory size package from them.

In fact, it's a good idea if everybody does that. Will give the lazy so-and-so's something to do!

Might also give them a taste of things to come when we get to first tier tribunal appeals.

[BrilloPad]

You can always ask for everything they hold on you under the Data Protection Act. I received a telephone directory size package from them.

In fact, it's a good idea if everybody does that. Will give the lazy so-and-so's something to do!

Might also give them a taste of things to come when we get to first tribunal appeals.

Does anyone know who we write to and what we put in the letter?

I believe each of us can request this every 42 days?

I remember a friend of mine got hidden information very useful to his case once doing this - re the CSA in that instance. I highly commend it!

[BS81]

Does anyone know who we write to and what we put in the letter?

I believe each of us can request this every 42 days?

I remember a friend of mine got hidden information very useful to his case once doing this - re the CSA in that instance. I highly commend it!

There is a template letter here Access Your Personal Information - Subject Access Request - ICO

[SantaClaus]

There is a template letter here Access Your Personal Information - Subject Access Request - ICO

Thanks BS81.