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

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    Originally posted by stuffed View Post
    Dug up some articles last night which may be of interest to us all. Not seen them mentioned on the site before.

    The first one heavily analyzes our case.

    Retrospective Tax Legislation

    PLC - Retrospective tax legislation: a clash of two moral imperatives

    http://www.tax.org.uk/Resources/CIOT...OT%20Nov10.pdf
    Good find Stuffed. The first one I have read before and is particularly apt.

    The second just highlights the BS that has been banded about to make this happen:

    "Public interest
    In Huitson, the judge referred to the unfairness of having a few citizens escaping income tax, which is at the core of the UK tax system."
    - Huitson did not escape income tax. He paid it. There are many ways to minimise your tax liabilities. Huitson chose this one. The line is the law and that is the difference between legal tax planning and evasion.

    "The taxpayers "should have known"
    In Huitson, the Court of Appeal referred to the fact that HMRC had repeatedly warned the taxpayers that the scheme did not work and had recommended that the tax be paid upfront. The court also pointed out that HMRC had not been under any obligation to test the efficacy of the scheme in proceedings before the legislation was changed."
    - The arrangement ran from 2001 to early 2008. Fully disclosed Self Assessments were accepted. HMRC told users they did not accept the arrangements mid 2007. They were notified of the reason for not accepting it in Feb 2008. Hmmm.


    "The taxpayers were aggressively thwarting the intention of Parliament
    In Huitson, the Court of Appeal pointed out that the claimants' artificial arrangements were in "plain contravention" of the public policy aim of the legislation."
    - The arrangement was used to give those taxpayers certainty (well, unless you are aware that unannounced retrospection can be used!). The alternative was an extremely uncertain world with IR35. I find the concept of determining the "intention of parliament" very odd. Either it is legal, and worded as such, or not. Besides, as has been mentioned before, Lord Lamonts comments in 1987 that the loophole would be left open but is not the committees main concern almost sells the arrangement ! Quite opposite from being in plain contravention of their intention.

    Still amazed this is allowed to carry on.
    http://notoretrotax.org.uk/

    Comment


      Originally posted by Cornish Cream View Post
      does anyone have any tips on how to try and get the money back currently owed to me by HMRC - so far all has failed... PM me if necessary - cheers
      This happened to me, so I just deducted the owed amount from the payment of my next tax bill. Hey presto, all square again...
      ...apart from the obvious

      Comment


        Finally joined up to NTRT

        Not sure where this year has gone, haven't been on the forum since shortly after our application to appeal to the Supreme court was turned down. Have been meaning to join up to NTRT ever since and now it's done. Looks like I've got some catchup to do over the holidays.

        Merry Xmas everyone, Santa knows what we all want for Xmas!

        Comment


          MP attendance

          Originally posted by GottaBeOptimistic View Post
          Letter has been sent today...
          My MP has confirmed that his parliamentary researcher will attend the meeting.....

          Comment


            ECHR timescales

            Can someone remind me when we expect a yes or no to whether our case will be accepted by the ECHR.

            Also do we have any information/predictions as to HMRC position if we get approval to go to ECHR?

            Will they agree to stall on attempting to recover money from us until we have an outcome?

            Comment


              Enquiry amendment - currently suspended on appeal

              Quick question, why aren't amounts shown for tax years 2009 to 2013 within Self-Assessment online?
              Last edited by MMSguru; 19 December 2012, 11:27.
              http://notoretrotax.org.uk

              Comment


                Originally posted by MMSguru View Post
                Quick question, why aren't amounts shown for tax years 2009 to 2013 within Self-Assessment online?
                If they are on appeal then they won't show in your self assessment. I can't remember where exactly but you can find where it states "on appeal".

                Comment


                  Originally posted by Henrik View Post
                  Can someone remind me when we expect a yes or no to whether our case will be accepted by the ECHR.

                  Also do we have any information/predictions as to HMRC position if we get approval to go to ECHR?

                  Will they agree to stall on attempting to recover money from us until we have an outcome?
                  1. Its still quite a long way away
                  2. HMRC don't care about ECHR
                  3. No.

                  Comment


                    I loved this story in City AM this morning...

                    SocGen loses bonuses lawsuit | City A.M.

                    What a quote!

                    He can also pursue the bank for damages worth “several million euros” more for failing to ensure his bonuses were paid in a tax efficient manner.

                    Comment


                      Still no reply from my MP, Dominic Raab, Esher (Cons.).
                      I have chased him again today... Really annoying.

                      Comment

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