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

[OnYourBikeGB]

Our reading of the 2004 DOTAS legislation is that it doesn't apply to any scheme that was already in use before the legislation came in. See 319 - Part 7: commencement and savings.

In other words, we don't think Montpelier needed to have registered it at all. Montpelier say they did it to be on the safe side.

And like a mug, to be safe and transparent, I insisted that it be on my AR, even though I was on the scheme before that. I didn't know that it was unnecessary, and wasn't told that either. I just noticed it wasn't on the return and asked that it be added. Which is another anomaly, can I get an APN simply because I used a DOTAS number or does using the scheme before 2004 exempt me? No doubt HMRC have taken this all into consideration, and have some clear guidance to offer ...

[swede]

And like a mug, to be safe and transparent, I insisted that it be on my AR, even though I was on the scheme before that. I didn't know that it was unnecessary, and wasn't told that either. I just noticed it wasn't on the return and asked that it be added. Which is another anomaly, can I get an APN simply because I used a DOTAS number or does using the scheme before 2004 exempt me? No doubt HMRC have taken this all into consideration, and have some clear guidance to offer ...

Retrospectively remove it?

[OnYourBikeGB]

Retrospectively remove it?

Retrospectively, I wish I'd gone to Vegas.

Does anyone know if the figures quoted on the HMRC website against our accounts as 'Collection currently suspended' include NICS?

[smalldog]

Thanks Lisa.

So APNs will now be able to include NICs, as well as tax.

Assume any appealed amounts already include tax and NIC's? Otherwise there would be two appealed amounts for all tax years?

[bananarepublic]

And like a mug, to be safe and transparent, I insisted that it be on my AR, even though I was on the scheme before that. I didn't know that it was unnecessary, and wasn't told that either. I just noticed it wasn't on the return and asked that it be added. Which is another anomaly, can I get an APN simply because I used a DOTAS number or does using the scheme before 2004 exempt me? No doubt HMRC have taken this all into consideration, and have some clear guidance to offer ...

We don't know who will be getting an APN. From reading the 2004 legislation it implies that schemes pre-dating DOTAS did not need to be registered. However, Montpelier did register the scheme.

I am wondering whether HMRC may make the argument that since the scheme we used was registered, whether our returns post 2004 had an SRN or not is irrelevant. I am also wondering whether they could extend that argument and say that since the scheme was DOTAS registered, the APN could cover the entire lifetime of the scheme, that is from 2001 onwards.

[bananarepublic]

Retrospectively, I wish I'd gone to Vegas.

Does anyone know if the figures quoted on the HMRC website against our accounts as 'Collection currently suspended' include NICS?

The calculations I've received from HMRC include a calculation for Class 4 NICs.

[OnYourBikeGB]

The calculations I've received from HMRC include a calculation for Class 4 NICs.

I got several estimates from HMRC, they were all over the place. I even got a letter apologising for sending me so many estimates, followed by another estimate that also had tucked in the middle of it a letter to another person. After they acknowledged my appeal, they then sent me a letter telling me that they'd be seizing my assets within 2 weeks, followed by another apology. Do the figures on the website include the NICS though? I'm guessing they must.

[OneUnited]

Letter From MontP

I have just received a letter from MontP this morning.

It effectively is saying we will not be caught under GARR which I think we all assumed we weren't but it did say we MIGHT be caught under DOTAS given that the DOTAS regime has evolved since 2004 and that many client transactions pre date or are outwith DOTAS.

I am still not sure whether this is good or bad news.

I also contacted Mr. Edney (one of the HMRC contacts on the gov.uk pdf) this morning and left a voicemail for him to call me back as yet not heard from him.

[bananarepublic]

I have just received a letter from MontP this morning.

It effectively is saying we will not be caught under GARR which I think we all assumed we weren't but it did say we MIGHT be caught under DOTAS given that the DOTAS regime has evolved since 2004 and that many client transactions pre date or are outwith DOTAS.

I am still not sure whether this is good or bad news.

I also contacted Mr. Edney (one of the HMRC contacts on the gov.uk pdf) this morning and left a voicemail for him to call me back as yet not heard from him.

... client transactions pre date or outwith DOTAS. Do you mean OUTSIDE DOTAS?

[nevergiveup]

I have just received a letter from MontP this morning.

It effectively is saying we will not be caught under GARR which I think we all assumed we weren't but it did say we MIGHT be caught under DOTAS given that the DOTAS regime has evolved since 2004 and that many client transactions pre date or are outwith DOTAS.

I am still not sure whether this is good or bad news.

I also contacted Mr. Edney (one of the HMRC contacts on the gov.uk pdf) this morning and left a voicemail for him to call me back as yet not heard from him.

Yep got the same letter. Nice to know they are still around!

Still as clear as muddy water!