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

[SantaClaus]

No but it would be astonishing if it wasn't passed.

It would amount to a vote of no confidence in the Government.

Agree with DR on this.

But let's kick up a hell of a stink. Whoever it was who spoke about social media at the end sounded distinctly unsettled.

This is only just the beginning. There will be legal challenges against these APNs, and the general election is only around the corner.

[SantaClaus]

So basically tweeting is to help prrepare the way for legal action? Are those in NTRT DEFINETLY affected by the legilation or is that speculation? If we are affected, presumably NTRT will be talking to other groups about legal action?

Yes, we will be affected. Whitehouse is coordinating between the various groups.

[SantaClaus]

Amendments to clause 212 just published:


Clause 212, page 141, line 35, at end insert—

“(8) The Chancellor of the Exchequer shall, within six months of this Act receiving Royal Assent, publish a post implementation review.

(9) The Review referred to in subsection (8) above must in particular examine—

(a) the total number of accelerated payment notices issued;
(b) the number of accelerated payment notices issued to cases involving a disclosure made under DOTAS prior to the Act receiving Royal Assent,
(c) the total revenue collected through accelerated payment notices;
(d) the total revenue collected through penalties arising as a result of accelerated payment notices;
(e) the number of representations made to Her Majesty’s Revenue and Customs following the issuing of an accelerated payment notice;
(f) the number of accelerated payment notices that have been subsequently withdrawn;
(g) the financial consequences resulting from the issuance of accelerated payment notices for the businesses and taxpayers involved.

We're these added and passed? I heard them debated.

[flamel]

".....the number of accelerated payment notices issued to cases involving a disclosure made under DOTAS prior to the Act receiving Royal Assent..."

Better line up the lawyers right now then as they must have printed them already!!!
So much for debate and democracy.

Let the fight begin

[flamel]

House of Commons Amendments

Published here.

The rest of the documents are here:
Bill documents — Finance Bill 2013-14 to 2014-15 — UK Parliament

[smalldog]

".....the number of accelerated payment notices issued to cases involving a disclosure made under DOTAS prior to the Act receiving Royal Assent..."

Better line up the lawyers right now then as they must have printed them already!!!
So much for debate and democracy.

Let the fight begin

I would imagine the lawyers are poised and just waiting!

[DotasScandal]

Agree with DR on this.

But let's kick up a hell of a stink. Whoever it was who spoke about social media at the end sounded distinctly unsettled.

This is only just the beginning. There will be legal challenges against these APNs, and the general election is only around the corner.

+10000

www.dotas-scandal.org

[z4thras]

House of Commons Amendments

Published here.

The rest of the documents are here:
Bill documents — Finance Bill 2013-14 to 2014-15 — UK Parliament

Looks like Tax Avoidance is becoming Tax Abuse..

“(5) “Tax abuse” means any arrangement that, having regard to all the circumstances,
it would be reasonable to conclude is an arrangement that has no business, social
or other purpose other than the obtaining of a tax advantage.”

and then go back 20 Years
“(5A) Proceedings in a case involving a loss of tax attributable to
arrangements which were expected to give rise to a tax
advantage in respect of which a person liable for the tax was
under an obligation to make a report under section 246 of the
Finance Act 2014 (duty to notify Commissioners of promoter
reference number) but failed to do so, may be brought at any time
not more than 20 years after the later of the dates in subsection
(2)(a) and (b).”,

[flamel]

For completion, Clause 212 is "Circumstances in which an accelerated payment notice may be given"


(1) HMRC may give a notice (an “accelerated payment notice”) to a person (“P”) if
Conditions A to C are met.
(2) Condition A is that—
(a) a tax enquiry is in progress into a return or claim made by P in relation
to a relevant tax, or
(b) P has made a tax appeal (by notifying HMRC or otherwise) in relation
to a relevant tax but that appeal has not yet been
(i)determined by the tribunal or court to which it is addressed, or
(ii) abandoned or otherwise disposed of.
(3) Condition B is that the return or claim or, as the case may be, appeal is made on the basis that a particular tax advantage (“the asserted advantage”) results from particular tax arrangements (“the chosen arrangements”).
(4) Condition C is that one or more of the following requirements are met—
(a) HMRC has given (or, at the same time as giving the accelerated payment notice, gives) P a follower notice under Chapter 2
(i) in relation to the same return or claim or, as the case may be, appeal, and
(ii) by reason of the same tax advantage resulting from the same tax arrangements;
(b) the chosen arrangements are DOTAS arrangements;
(c) a GAAR counteraction notice has been given in relation to the asserted advantage or part of it (or is so given at the same time as the accelerated payment notice) in a case where the stated opinion of at least two of the members of the sub-panel of the GAAR Advisory Panel which considered the matter under paragraph 10 of Schedule 43 to FA 2013 was as set out in paragraph 11(3)(b) of that Schedule (entering into tax
arrangements not reasonable course of action etc).
(5) “DOTAS arrangements” means—
(a) notifiable arrangements to which HMRC has allocated a reference number under section 311 of FA 2004,
(b) notifiable arrangements implementing a notifiable proposal where HMRC has allocated a reference number under that section to the proposed notifiable arrangements, or
(c) arrangements in respect of which the promoter must provide prescribed information under section 312(2) of that Act by reason of the arrangements being substantially the same as notifiable arrangements
within paragraph (a) or (b).
(6) But the notifiable arrangements within subsection (5) do not include arrangements in relation to which HMRC has given notice under section 312(6) of FA 2004 (notice that promoters not under duty imposed to notify client of reference number).
(7)"GAAR counteraction notice” means a notice under paragraph 12 of Schedule 43 to FA 2013 (notice of final decision to counteract under the general anti-abuse rule).

[PeterF]

Looks like Tax Avoidance is becoming Tax Abuse..

“(5) “Tax abuse” means any arrangement that, having regard to all the circumstances,
it would be reasonable to conclude is an arrangement that has no business, social
or other purpose other than the obtaining of a tax advantage.”

and then go back 20 Years
“(5A) Proceedings in a case involving a loss of tax attributable to
arrangements which were expected to give rise to a tax
advantage in respect of which a person liable for the tax was
under an obligation to make a report under section 246 of the
Finance Act 2014 (duty to notify Commissioners of promoter
reference number) but failed to do so, may be brought at any time
not more than 20 years after the later of the dates in subsection
(2)(a) and (b).”,

So no scheme number on the SA invokes the 20year window?