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

[DonkeyRhubarb]

In my opinion the campaign needs to become mainstream. It's not just 3000 contractors we are trying to protect - it's the principal of a democratic government being allowed to change the law retrospectively - no matter how they try and justify it it's totally wrong.

HMRC would argue this is nothing to do with them, which is why they are pressing ahead implementing S58 regardless.

Ultimately Parliament is responsible for passing the wretched law, even though HMRC drafted it.

[Goinroamin]

Tribunals

I know this has probably been answered before but can I clarify a couple of things,

1. Will we all be bound by the outcome of the Huitson Tribunal
2. Can we have our own Tribunal and if so Will Montpelier represent us

[DonkeyRhubarb]

I know this has probably been answered before but can I clarify a couple of things,

1. Will we all be bound by the outcome of the Huitson Tribunal
2. Can we have our own Tribunal and if so Will Montpelier represent us

(1) Yes but there is nothing stopping anyone applying to the FTT to have their appeal heard. (2) However you won't get a tribunal hearing unless you can come up with different grounds of appeal to Huitson eg. you had enquiries opened under discovery. (The FTT aren't going to hear the same argument repeated 2000 times)

[SantaClaus]

HMRC would argue this is nothing to do with them, which is why they are pressing ahead implementing S58 regardless.

Ultimately Parliament is responsible for passing the wretched law, even though HMRC drafted it.

And that's why we need everyone to beat a path to their MP's door.

[nevergiveup]

Any idea when the NTRT newsletter will be sent? Need cheering up

[DonkeyRhubarb]

Due to people being on holiday, the next newsletter will be sent after Easter.

[SantaClaus]

Call for Australians affected by S58

Hi all,

I'm looking for Australians affected by S58. We do have some Ozzie members on our database, but I'm specifically looking for any who are willing to talk to the press.

Drop me a PM if you are interested.

Thanks and regards

Santa

[travellingknob]

... The FTT aren't going to hear the same argument repeated 2000 times

Will the FTT publish their judgement ? How will we know what arguments they heard and what they didn't ?

[centurian]

Will the FTT publish their judgement ? How will we know what arguments they heard and what they didn't ?

I think most judgements are public, but if it is private, then it will hardly be binding. Strictly speaking, FTT decisions are not binding anyway. But they can be "referred to" in other cases.

DR is right though - for all intents and purposes, the first decision will be binding on other cases. The judges are not going to listen to the same arguments over and over again, unless you can show that your situation is materially different to the test case - and no, having a different shoe size to Huitson will cut little ice with the judges.

[swede]

Just to confirm what BP said a couple of days ago.

HM Revenue & Customs: Enforcement of judgements in litigation

This seems like one occasion where not having the dosh would seem to be a huge advantage.