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

[DonkeyRhubarb]

Application to ECHR, any news on this, the last I heard with had applied within the time limit.

It could take up to a year for the court to even consider the application.

Assuming it meets the eligibility criteria then it could be several more years before anything further happens.

The current average length of cases in the ECtHR is 7 years.

[DonkeyRhubarb]

The HMRC handbook seems to suggest that there is an "enforcement limit" on NI but not Income Tax. Therefore I don't think HMRC can chase NI debt that is older than 6 years. That might save us some cash if this proves to be true.

DMBM595080 - Pre-enforcement: limits in enforcement proceedings: limitation legislation

The 6 years starts from when the debt becomes enforceable.

However, NIC will be up for grabs at a tribunal anyway because there are technical arguments as to why it shouldn't even apply.

[Emigre]

The 6 years starts from when the debt becomes enforceable.

However, NIC will be up for grabs at a tribunal anyway because there are technical arguments as to why it shouldn't even apply.

We all know the trouble taxpayers can get into making dubious claims on SARs. I assume that claiming NICs on all our CNs was a minor error by HMRC on a very wide scale then, rather than the more obvious criminal act of attempted fraud, or potentially actual if anyone paid up?

Would such a determination force cancellation of all CNs, plus payment of damages?

[smalldog]

We all know the trouble taxpayers can get into making dubious claims on SARs. I assume that claiming NICs on all our CNs was a minor error by HMRC on a very wide scale then, rather than the more obvious criminal act of attempted fraud, or potentially actual if anyone paid up?

Would such a determination force cancellation of all CNs, plus payment of damages?

Its all soooo quiet

[reckless]

Its all soooo quiet

No news is good news.

Resuming radio silence.

Over and out.

[lucozade]

it is quiet

Might be down to conference season.

I'm presuming/expecting that things are progressing along in the background.

Would be nice for MP to come out and say where they are up - haven't heard from them in ages.

[Rhydd]

Tax Avoidance debate

Previously in this thread I saw a link to the text version of the debate in the House of Commons on 13th September, but don't recall seeing a link to the video.

In case it hasn't been posted before, here is a link to the movie. For his fans, David Gauke starts speaking 1 hour 55 minutes and 30 seconds into the debate.

BBC - Democracy Live - MP condemns 'cancer' of tax avoidance in debate

[Rhydd]

Vodaphone's retrospective Indian tax bill

"The Times" reports today that:

'India should drop new laws designed to tax foreign acquisitions in the country retrospectively, according to a government-appointed committee set up to study the issue — potentially letting Vodafone off the hook in a multibillion-dollar tax dispute.
The panel’s draft report said that retrospective tax demands should be made only in the “rarest of rare cases”...'

No doubt George Osborne will applaud this proposal to reverse retrospective tax laws!

[swede]

Just checking in too.

I'm still here too - clicking Refresh quietly in the background.

[Emigre]

Still on the case

DR and another of the NTRT team are taking well earned vacations. Lots still going on and gearing up for another Parliamentary campaign now the Conference season is over. More news next week. We are still looking for more people who have had any of the following:

• SARs accepted by HMRC for years where DTA claim was made;
• Enquiries opened for years where DTA claim was made and HMRC closed enquiry with no amendment to SAR required
• Enquiries opened more than 12 months after SAR was submitted or for earlier years later than 31 January of the following year.

We have examples of all of the above, but the more we have, the less easy it is for HMRC to claim they were mistakes. If you are in one of the situations outlined please contact Whitehouse. No information provided will be used without your permission. Thank you