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No To Retro Tax – Campaign Against Section 58 Finance Act 2008
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Originally posted by DonkeyRhubarb View PostDear Mr Shapps
I will come straight to the point.
In this year's budget the Tory party declared war on 40,000 individuals who have used tax planning in the past 10 years. David Gauke is rail roading through this highly controversial draconian accelerated payment legislation which has a retrospective effect. The legislation has been condemned by many organisations including the Law Society, Chartered Institute of Taxation and also criticised by the Treasury Committee.
Although the Government is a coalition and the LibDems share responsibility, they are already dead in the water so we shall not be wasting our time on them.
Our group represents some of the 40,000 and we also have links to other groups. It should not be hard to motivate these very disgruntled people to join in a counter offensive. With an army of this size, campaign funding is no object either.
It is a great shame that it should come to this. Many of us are natural Tory supporters but you have now made us your sworn enemy.
Yours faithfully
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Originally posted by DonkeyRhubarb View PostRob Wilson, Reading East, ConservativeComment
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Originally posted by OnYourBikeGB View PostI'd chip in for that! A few borderlines or target Gauke's constituency?
NVDA is the way forward.Comment
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Reply from Mark Menzies, MP regarding APNs
Thank you for contacting me about the new rules for HM Revenue and Customs (HMRC) that are being introduced in this year’s Finance Bill.
The Government understands that many people are worried about the payment of disputed tax due to their use of schemes either disclosed under DOTAS, or that have failed in another party’s litigation about the same or a similar scheme.
However, the Government is clear there is no inherent presumption that tax under dispute should sit with the taxpayer rather than the Exchequer. Under current law, there are a number of circumstances where the tax sits with the Exchequer while the liability is finalized. Therefore, it is clear these proposals do not introduce a new principle, but rather extend the range of circumstances where the tax sits with the Exchequer while the final liability is determined.
The legislation states that in the case of a follower notice, this will only be issued where the same or very similar tax avoidance scheme has been shown to fail in another party’s litigation case. As the consultation response document states, “HMRC will carefully consider whether a case is sufficiently similar to the scheme that has failed in litigation before issuing a scheme failure notice and decisions will be subject to a governance process”.
A taxpayer can then accept the judgement and settle the amount of tax due. Or, if they believe the case not to be relevant in their circumstances, they can tell HMRC why they think it is not relevant, but would then be subject to a penalty if they do not have a reasonable basis for their conclusion.
In addition, for all existing disclosures of schemes (i.e. those made before Royal Assent), HMRC is reviewing these in order to identify it is satisfied that no additional liability is due. I can assure you that an ‘accelerated payment notice’ would only be issued to tax avoidance schemes under DOTAS that are disputed by HMRC. It is not the case that all schemes under DOTAS will automatically be disputed by HMRC and so required to pay the disputed tax.
Finally, I want to assure you that these new powers will be fully scrutinized by Parliament as part of the Finance Bill.
Thank you again for taking the time to contact me about this important issue.Comment
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Originally posted by lucozade View PostFinally, I want to assure you that these new powers will be fully scrutinized by Parliament as part of the Finance Bill.Comment
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Originally posted by DonkeyRhubarb View PostFully scrutinized my arse.
http://www.scriptonitedaily.com/2013...-new-powers-2/
Makes our grievances look like a tea party.'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
Nick Pickles, director of Big Brother Watch.Comment
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Copy and paste of the letter that I received from my MP. Looks like they have been handed over a template only to update their names. At least they have lost my vote forever!! Whether it matters or not....Comment
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