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

[smalldog]

Finance (No.2) Bill 2013-14 — UK Parliament

this is interesting and needs a bit of unpicking:

(6) A follower notice may not be given after the end of the period of 12 months
beginning with the later of—
(a) the day on which the judicial ruling mentioned in Condition C is made,
and
(b) the day the return or claim to which subsection (2)(a) refers was
received by HMRC or (as the case may be) the day the tax appeal to
which subsection (2)(b) refers was made

[LisaContractorUmbrella]

this is interesting and needs a bit of unpicking:

(6) A follower notice may not be given after the end of the period of 12 months
beginning with the later of—
(a) the day on which the judicial ruling mentioned in Condition C is made,
and
(b) the day the return or claim to which subsection (2)(a) refers was
received by HMRC or (as the case may be) the day the tax appeal to
which subsection (2)(b) refers was made

But I think (this does not make for light reading ) that they can issue an accelerated payment notice if:

A tax enquiry is in progress or a tax appeal has not been determined by the court
The appeal has been made on the basis that a particular tax advantage comes from particular tax arrangements
The chosen arrangements are DOTAS

[costo]

An Accelerated Payment Notice - Pay the money up front and argue later, if you get one of these you have to pay the money they requested within 90 days (or another 30 days on top of that if what has been asked is incorrect and you can show them how much it should be).

Its the "punishment" if you will.

The Follower notice - thats proving the crime if you will, so if in HMRC's view your tax affairs are similar to another's who have already lost at FTT then thats you "guilty" and then they can issue the "punishment" which is the Accelerated Payment Notice.

However - the "Follower" notice is insignificant compared to the DOTAS legislation, at least HMRC would have to "prove" to some extent that your cased followed another.

The DOTAS legislation is a catch all - so if you used a scheme, had a open enquiry (discovery/COP8) - then you are guilty automatically and a Accelerated Payment Notice could be issued.

So in effect HMRC have 2 ways to screw you - as it stands everyone who used a scheme had a DA or COP8 will be getting a Accelerated Payment Notice in time regardless that it has not been proved of any wrongdoing..

The DOTAS is by far the more sinister prospect, it makes the follower notice seem "Fair" in comparison.

[smalldog]

An Accelerated Payment Notice - Pay the money up front and argue later, if you get one of these you have to pay the money they requested within 90 days (or another 30 days on top of that if what has been asked is incorrect and you can show them how much it should be).

Its the "punishment" if you will.

The Follower notice - thats proving the crime if you will, so if in HMRC's view your tax affairs are similar to another's who have already lost at FTT then thats you "guilty" and then they can issue the "punishment" which is the Accelerated Payment Notice.

However - the "Follower" notice is insignificant compared to the DOTAS legislation, at least HMRC would have to "prove" to some extent that your cased followed another.

The DOTAS legislation is a catch all - so if you used a scheme, had a open enquiry (discovery/COP8) - then you are guilty automatically and a Accelerated Payment Notice could be issued.

So in effect HMRC have 2 ways to screw you - as it stands everyone who used a scheme had a DA or COP8 will be getting a Accelerated Payment Notice in time regardless that it has not been proved of any wrongdoing..

The DOTAS is by far the more sinister prospect, it makes the follower notice seem "Fair" in comparison.

the interesting part for me is the penalties which dont actually say you will be bankrupt at the end of 90 days, it implies you have a year at least. The 90 days is basically the gratis period:

(2) If any amount of the accelerated payment is unpaid at the end of the payment
period, P is liable to a penalty of 5% of that amount.
(3) If any amount of the accelerated payment is unpaid after the end of the period
of 5 months beginning with the penalty day, P is liable to a penalty of 5% of that
amount.
(4) If any amount of the accelerated payment is unpaid after the end of the period
of 11 months beginning with the penalty day, P is liable to a penalty of 5% of
that amount.

Big question for me is:

are we bound by section 212(2)(a)

OR 212(2)(b) they are very different beasts, for example there are no penalties listed against 212(2)(b), all of the above only applies to point 212(2)(a)!

[jbryce]

Response to the responses.

https://www.gov.uk/government/upload...Final_v1.0.pdf

Sigh

[smalldog]

https://www.gov.uk/government/upload...Final_v1.0.pdf

Sigh

It's throwing a 404?

[convict]

It's throwing a 404?

http://forums.contractoruk.com/hmrc-...ml#post1914107

[jbryce]

http://forums.contractoruk.com/hmrc-...ml#post1914107

https://www.gov.uk/government/upload...Final_v1.0.pdf

[BeenGauked]

To save everyone reading 43 pages of crap, I have prepared an executive summary:

The govt. have concluded their bogus "consultation" and decided that representations from the general public, tax and accountancy bodies do not fit in with their fascist plan.

Therefore, they have kindly prepared justifications to everyone's concerns and have proven that the plebeian citizen is always wrong and the govt. is always right.

However, they would like to thank you for your time in taking part in this sham consultation and also for your help in maintaining the illusion that we live in a democracy.

[TAF4]

To save everyone reading 43 pages of crap, I have prepared an executive summary:

The govt. have concluded their bogus "consultation" and decided that representations from the general public, tax and accountancy bodies do not fit in with their fascist plan.

Therefore, they have kindly prepared justifications to everyone's concerns and have proven that the plebeian citizen is always wrong and the govt. is always right.

However, they would like to thank you for your time in taking part in this sham consultation and also for your help in maintaining the illusion that we live in a democracy.

Yup. That about captures it.