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

[convict]

http://www.judiciary.gov.uk/judgment...td-and-others/

[OneUnited]

seen this

Sir David Murray's verdict on Rangers' Big Tax Case decision: There are no winners - Daily Record

BBC News - Rangers: HMRC loses appeal over ruling in Big Tax Case

anyone got a link to the official verdict ?

Try this

http://www.tribunals.gov.uk/financea...v-Murray-G.pdf

[DonkeyRhubarb]

I seem to remember the previous court decisions took months. Not sure about the FTT though.

Again... speculation and I don't have an answer.

6 months. Possibly longer in a complex case like ours.

[sl4]

Thanks for the Link

I think this ruling sends a very clear message to everyone that no-one should just roll over and accept HMRC's opinion regarding the validity of EBT structures prior to Dec 2010.

With this thought in mind everyone affected, whether faced with APN/Follower notices etc, should group resources, employ someone like Andrew Thornhill and fight to get back everything taken from them.

Well implemented schemes will stand under judicial review.

[nevergiveup]

6 months. Possibly longer in a complex case like ours.

But is our case really that complex now? I thought it would be pretty clear now due to S58?

Have NTRT decided what their next move is yet?

[DonkeyRhubarb]

But is our case really that complex now? I thought it would be pretty clear now due to S58?

Have NTRT decided what their next move is yet?

There's the question of whether S58 applies. There's a better free movement of capital case. There's a question about NIC. There's a question about retrospective (pre-2008) interest. There's an issue of discrimination, preferential treatment given to others. All in all, there's quite a lot to chew over.

We are still reviewing options. More in the next newsletter.

[BrilloPad]

But is our case really that complex now? I thought it would be pretty clear now due to S58?

There is always doubt.

Have NTRT decided what their next move is yet?

Purchase your batman costume before the rush.

[BrilloPad]

There's the question of whether S58 applies. There's a better free movement of capital case. There's a question about NIC. There's a question about retrospective (pre-2008) interest. There's an issue of discrimination, preferential treatment given to others. All in all, there's quite a lot to chew over.

We are still reviewing options. More in the next newsletter.

Tune in for the next episide of soap....

http://en.wikipedia.org/wiki/Soap_(TV_series)

[Henrik]

APNs/Accelerated Payment

Some slight good news...

When HMRC were questioned this week in Parliament on how they will use their powers (APN’s), Lin Homer said they will at this stage only seek accelerated payment in cases where there has already been a tribunal decision in their favour.

So I guess that at least buys us time up until the Huitson/Shiner FTT decision.

If it's not specifically mentioned in the legislation how this will operate then I suggest we need formal clarification of this crucial point. We should not put any faith in a soundbite to the press. If we receive an APN and then try to quote this as an argument not to pay, it will have no impact whatsoever.

We've all worked in the corporate world, we've seen management by expediancy - Lin Homer was put on the spot and she made up an answer - it's not thought through and can be rescinded or 'clarified' at any point in the future.

Alternatively she'll move on/be fired/retired in the near future and her successor will just say it was a misunderstanding.

[nevergiveup]

There is always doubt.



Purchase your batman costume before the rush.

I'll buy a Robin outfit if all the Batmans are sold!