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

[Rob79]

I've wondered if lobbying MPs to get HMRC to enter into discussions about finding a non-cataclysmic route out of this mess for those affected would be of use?

Simply put, when they bankrupt me, they will get a fraction of what I would otherwise be able to pay back, if I have to. I realize they have a point to make, but surely this would be better PR for them, and be better for their balance sheet.

It's an interesting point.

In a different context but connected to the receipt of APN's, I've asked HMRC at quite senior levels what their policy is towards pushing those who receive APN's into bankruptcy. I made the point that for the new policy to be a success HMRC needs the maximum tax take for the minimum bad publicity. (Some saying that taxation is about plucking the maximum amount of feathers from a goose with the minimum of hissing?) As such HMRC surely want to be seen to be finding ways for people to pay their APN's without going into financial purgatory?

From an HMRC lead case officer - "that's something for Debt Management and Banking (used to be Collector of Taxes) to decide"
From DMB "unless you can give us a case number we can't help you"
From HMRC Policy Unit "I'm not sure we have a policy on that"

I conclude that this APN strategy is political and has been imposed upon HMRC to a degree who are now tasked with taking the flak. I suggest that the following is a start (and has probably already been done to an extent but a new push would not hurt).

Keep the pressure on MP's. There's an election around the corner and they will not want adverse publicity.

Every time you contact HMRC in writing or telephone ask what their policy is. This all gets reported back.

Get into the local press if possible and tell them about the issues this causes.

If you use an accountant or adviser who is part of a professional organisation, ask them to send a message to that entity.

Tell your contractor/employer/clients that this is a real threat. In the financial services industry at least, they will not take on bankrupt contractors, nor deal with insolvent companies. Despite their problems banks and financial companies has enormous clout with HMG.

If you think that bankruptcy/insolvency is inevitable, seek the help of a professional in that area NOW.

Start an online petition to get the issue debated in Parliament.

Contact the opposition to have a question asked at PMQ's.

[Taffia]

Gauke letter to all MPs.

Gauke sent a letter to all MPs earlier today telling them that the AP avoidance measures are now law. An interesting line from the letter:-

'There is no change to the tax liability owed so this is not retrospective'.

Forwarded to Carl at WH.

[nickersan]

It's an interesting point.

In a different context but connected to the receipt of APN's, I've asked HMRC at quite senior levels what their policy is towards pushing those who receive APN's into bankruptcy. I made the point that for the new policy to be a success HMRC needs the maximum tax take for the minimum bad publicity. (Some saying that taxation is about plucking the maximum amount of feathers from a goose with the minimum of hissing?) As such HMRC surely want to be seen to be finding ways for people to pay their APN's without going into financial purgatory?

From an HMRC lead case officer - "that's something for Debt Management and Banking (used to be Collector of Taxes) to decide"
From DMB "unless you can give us a case number we can't help you"
From HMRC Policy Unit "I'm not sure we have a policy on that"

I conclude that this APN strategy is political and has been imposed upon HMRC to a degree who are now tasked with taking the flak. I suggest that the following is a start (and has probably already been done to an extent but a new push would not hurt).

Keep the pressure on MP's. There's an election around the corner and they will not want adverse publicity.

Every time you contact HMRC in writing or telephone ask what their policy is. This all gets reported back.

Get into the local press if possible and tell them about the issues this causes.

If you use an accountant or adviser who is part of a professional organisation, ask them to send a message to that entity.

Tell your contractor/employer/clients that this is a real threat. In the financial services industry at least, they will not take on bankrupt contractors, nor deal with insolvent companies. Despite their problems banks and financial companies has enormous clout with HMG.

If you think that bankruptcy/insolvency is inevitable, seek the help of a professional in that area NOW.

Start an online petition to get the issue debated in Parliament.

Contact the opposition to have a question asked at PMQ's.

IMHO, it's certainly time to start shouting about all this;

Does anyone know if the NTRT guys have anything in the way of a petition?

If not, have we got enough people here to get close to the 100K signatures an e-petition needs before it's considered for debate in Parliament? And if so, anybody want to get involved drafting something?

[Morlock]

I think I know who you are referring too

The only way I know is click on their name -View Profile - Add to ignore list.

That worked - and is exactly what I wanted! Many thanks!

[Crusoe101]

Hi Smalldog,

I contacted the IOM Financial Ombudsman this morning.
You have to notify them of a scheme within 6 years, which sadly has elapsed.

Also, if the law is changed, i.e. section 58, you have a further 2 years to pursue compensation.

No doubt, for some schemes, they are within the time limits and hopefully this will cause a major headache for the govt. when they have to pay out compensation.

Hi what did you ask from them? Or what did you send ?

[SantaClaus]

Hi what did you ask from them? Or what did you send ?

I just asked for all personal data they currently hold on me.

[DonkeyRhubarb]

I conclude that this APN strategy is political and has been imposed upon HMRC to a degree who are now tasked with taking the flak.

I think you're right. HMRC probably only wanted the original follower part, not the DOTAS nuclear bomb.

Given that APNs create an enforceable debt, like any other tax debt, it's hard for HMRC to justify treating people any differently than they would normally ie. ultimately bankrupting people who can't pay.

I could almost feel sorry for HMRC for what's been foisted on them.

[OnYourBikeGB]

I think you're right. HMRC probably only wanted the original follower part, not the DOTAS nuclear bomb.

Given that APNs create an enforceable debt, like any other tax debt, it's hard for HMRC to justify treating people any differently than they would normally ie. ultimately bankrupting people who can't pay.

I could almost feel sorry for HMRC for what's been foisted on them.

Maybe we should ask for an NTRT donation?

[freeranger]

Many thanks Swede and thank you to everyone who have sent further donations/standing orders.

I'm usually able to match up something in the reference field against our NTRT database of member names/email addresses/username. Got my Sherlock Holmes cap ready

I set up a standing order but my bank didn't like @ or . in the reference, which made an email address a bit tricky.... had to go with my-name/my-address

[Crusoe101]

I just asked for all personal data they currently hold on me.

What could that be used for