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

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    Originally posted by nick4notax View Post
    I'm with SantaClaus on this; not too keen in getting my pants pulled down with a million plus audience looking on...

    That said, maybe a scheme provider or two could clearly articulate that these schemes WERE totally legal before the retro law CHANGE and that ALL citizens are perfectly entitled to seek the most tax effective remuneration mechanism that the law allows. Surely this is being missed in the noise here and Ms Newton needs to be fully appraised that this is an injustice to a bunch of "little guys" that, by our small number, render us presumed easy pickings for HMRC. We're just Joe Publics being vilified for doing nothing other than fully disclosing our entirely, at the (pre-retro law change), time LEGAL remuneration mechanism.
    In addition she would need to be appraised of the tactics employed by HMRC, i.e. specifically requesting we didn’t go to court at a time when we clearly would’ve won and instead be bound by test cases which never happened…. This was entrapment as they we’re knowingly stalling to allow time for them to retrospectively change the law before legal precedent could be set!

    But will facts such as this be accurately be represented? I'm not convinced!!

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      Editited to quit their view

      Originally posted by Fireship View Post
      In addition she would need to be appraised of the tactics employed by HMRC, i.e. specifically requesting we didn’t go to court at a time when we clearly would’ve won and instead be bound by test cases which never happened…. This was entrapment as they we’re knowingly stalling to allow time for them to retrospectively change the law before legal precedent could be set!

      But will facts such as this be accurately be represented? I'm not convinced!!
      I woudn't do it either as whatever you say or do it will be edited to suit the vindictive HMRC - who are now using the media to turn people against eachother - low and underhanded to say the least. It would be better to approach an independent channel like RT - maybe Going Underground (a good news show about what is going on in the UK that western media will not show). Also, be sure not to mention Tax Avoidence but legal tax planning - as it is also a play on words. Else we have our own documentary and go to the media with that.

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        well there it was, announced in the budget pay up front by George Osborne. Just now need to see the fine detail.

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          He actually said something along the lines of those that have declared a tax avoidance scheme will from this point on ... etc. etc. which didn't imply that the paying up was retrospective....... but I guess this was merely a turn of phrase and was for simplification.

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            I thought I heard him specifically mention DOTAS, but not mention retrospective... devil will of course be in the detail - any ideas where we will see the details?

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              Originally posted by smalldog View Post
              well there it was, announced in the budget pay up front by George Osborne. Just now need to see the fine detail.
              didn't he mention it as part of GAAR? GAAR is definitely not retrospective:

              http://www.legislation.gov.uk/ukpga/...part/5/enacted
              15 Commencement and transitional provision

              (1)The general anti-abuse rule has effect in relation to any tax arrangements entered into on or after the day on which this Act is passed.
              (2)Where the tax arrangements form part of any other arrangements entered into before that day those other arrangements are to be ignored for the purposes of section 207(3), subject to subsection (3).
              (3)Account is to be taken of those other arrangements for the purposes of section 207(3) if, as a result, the tax arrangements would not be abusive.

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                Originally posted by convict View Post
                didn't he mention it as part of GAAR? GAAR is definitely not retrospective:

                http://www.legislation.gov.uk/ukpga/...part/5/enacted
                15 Commencement and transitional provision

                (1)The general anti-abuse rule has effect in relation to any tax arrangements entered into on or after the day on which this Act is passed.
                (2)Where the tax arrangements form part of any other arrangements entered into before that day those other arrangements are to be ignored for the purposes of section 207(3), subject to subsection (3).
                (3)Account is to be taken of those other arrangements for the purposes of section 207(3) if, as a result, the tax arrangements would not be abusive.
                So we're safe from demands for upfront payments, for the time being?
                Lord Clyde in 1929: ‘No man is under the smallest obligation, moral or other, so to arrange his legal relations to his business or to his property as to enable the Revenue to put the largest possible shovel into his stores. The Revenue is not slow to take every advantage which is open to it under the taxing statutes for the purpose of depleting the taxpayer’s pocket. And the taxpayer is entitled to be astute to prevent, so far as he honestly can, the depletion of his means by the Revenue.’

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                  Originally posted by nick4notax View Post
                  So we're safe from demands for upfront payments, for the time being?
                  dont assume that just yet!!!

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                    Originally posted by smalldog View Post
                    dont assume that just yet!!!
                    Ah ok. Alternatively, maybe that extradition process would not be enforceable between UK and Moscow right now. Anyone know of a good Russian tutor??

                    PS: for those d1ickless Hector spies: I'M JOKING, OF COURSE!!!!
                    Lord Clyde in 1929: ‘No man is under the smallest obligation, moral or other, so to arrange his legal relations to his business or to his property as to enable the Revenue to put the largest possible shovel into his stores. The Revenue is not slow to take every advantage which is open to it under the taxing statutes for the purpose of depleting the taxpayer’s pocket. And the taxpayer is entitled to be astute to prevent, so far as he honestly can, the depletion of his means by the Revenue.’

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                      Originally posted by smalldog View Post
                      dont assume that just yet!!!
                      Yep (unfortunately), probably just Gideon not knowing his arse from his elbow

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