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

[DonkeyRhubarb]

Hi DR, just one small point. You have 90 days to reach an agreement with HMRC, it doesnt mean you must have paid the full APN amount. A penalty will only be applied in a case where you havent reached a payment agreement within that time frame. Reason im clarifying is that an arrangement maybe a time to pay, or a second charge on an asset to be sold later. Neither of which will incur a penalty even though payment will not have been made within the specified timeframes.

I don't think this is correct. If you read the legislation, penalties are due on any unpaid tax after the notice period.

http://www.publications.parliament.u...ch3-pb3-l1g219

I'm not sure TTP or 2nd charge would prevent penalties.

[jamesbrown]

During the debate last week Gauke was asked about bankruptcy. He said he could not give any assurance that taxpayers who couldn't pay APNs would not be bankrupted. He said he didn't want to tie HMRC's hands. You would hope HMRC would only do this in exceptional circumstances and as a last resort.

Something from the Daily Fail recently (pretty useless, but relevant nonetheless).

[centurian]

Aidan James – a tax scheme promoter who put 60 of clients into a tax avoidance scheme involving second-hand cars and used by DJ Chris Moyles – hired lobbying firm Whitehouse Consulting to fight advanced payment notices.

Whether intentionally or not, your battle is getting dragged into the celebrity tax avoidance debate - which probably carries even less sympathy with the public at large.

[BrilloPad]

Whether intentionally or not, your battle is getting dragged into the celebrity tax avoidance debate - which probably carries even less sympathy with the public at large.

We cannot do any worse.

[retrodeath]

Re 18 months to issue APNs. I wonder how much the delay is down to not having similar enough case won in court to be able to APN all. 18 months could be the time they think they need to win a case against each scheme?

[zaphrus]

Re 18 months to issue APNs. I wonder how much the delay is down to not having similar enough case won in court to be able to APN all. 18 months could be the time they think they need to win a case against each scheme?

I think it's so they don't get overwhelmed on day one, i.e. issue 20% of all APNs in the first quarter, then move on to the next 20% the next quarter, etc. There was a handy clause in the bill that allowed HMRC 2 years from the date of Royal assent to apply judgements to follower cases, in other circumstances, it's 12 months from when the judgement in the case is made or 12 months from when the appeal is made into an enquiry. If not for this clause, then HMRC would have been having to send out all the follower notice letters pertaining to Boyle within the next few months, as the Boyle case was in November/December of last year.

[jamesbrown]

A more substantial article FWIW:

Tax avoidance crackdown set to cause wave of litigation - FT.com

(As a non-subscriber, Google "Tax avoidance crackdown set to cause wave of litigation" and link from there).

[PlaneSailing]

A more substantial article FWIW:

Tax avoidance crackdown set to cause wave of litigation - FT.com

(As a non-subscriber, Google "Tax avoidance crackdown set to cause wave of litigation" and link from there).

Why not employ extra judges BEFORE you have a backlog of 65,000 cases? Inept.

(Or at least honour your promises in 2007...)

[speling bee]

Why not employ extra judges BEFORE you have a backlog of 65,000 cases? Inept.

(Or at least honour your promises in 2007...)

I think they've retrospectively changed their promise.

[jeanvaljean]

All in it together

Does anybody have information on the tax avoidance scheme used by MPs that has some form of exemption in the Finance Bill?

I think a few FOI requests are in order.

All animals are equal.......

Why should MPs be exempt from new law to block tax avoidance? – Telegraph Blogs

Question possibly better phrased: Does anybody have information on any of the very likely multitude of various tax avoidance schemes used by MPs which they have already made sure are exempt from every possible type of retrospective taxation?