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

[BrilloPad]

There is a lot of activity being undertaken by Montpelier and NTRT, and members of the forum are reminded that trolls are still active and that all Montpelier letters and NTRT newsletters fall into the hands of HMRC. So anybody who thinks that Montpelier are going to reveal for public consumption the entire strategy and reasoning to defeat s58 are bonkers.

I thought they would - but I am . And my shrink agrees.

[travellingknob]

You want a situation where the first thing you know is when the CN enforcement comes through your door giving you 30 days to pay?

You've had 8 years notice to pay on account and nearly 2 since APNs were first muted. My understanding is that you can still appeal anyway just your at risk of further penalties being added on for late payment. HMRC will have at a mimimum to get a positive decision on the Huitson FTT before they can issue the first APNs to us.

What concerms me more is the MP letter just received seems to suggest the latter is the most likely outcome.

[deckster]

HMRC will have at a mimimum to get a positive decision on the Huitson FTT before they can issue the first APNs to us.

What makes you say that? It was quite clearly stated that APNs can be (and will be) issued to any DOTAS-registered scheme regardless of tribunal status - and that means us. That was after all the primary purpose of APNs in the first place - to put money in HMRCs hands without having to wait for all the messy business of having to prove it should be there in the first place!

[smalldog]

You've had 8 years notice to pay on account and nearly 2 since APNs were first muted. My understanding is that you can still appeal anyway just your at risk of further penalties being added on for late payment. HMRC will have at a mimimum to get a positive decision on the Huitson FTT before they can issue the first APNs to us.

What concerms me more is the MP letter just received seems to suggest the latter is the most likely outcome.

I got the letters two, and the warning of APN's is an interesting one, just wonder if that relates specifically to our scheme or all and any schemes.

[normalbloke]

APN scheme number

I got the letters two, and the warning of APN's is an interesting one, just wonder if that relates specifically to our scheme or all and any schemes.

The letter has a scheme reference number. If that number was on your SA for any year(s) then I guess you can expect an APN.

[DonkeyRhubarb]

The letter has a scheme reference number. If that number was on your SA for any year(s) then I guess you can expect an APN.

Even if it wasn't on your SA I'm not sure you're in the clear.

[normalbloke]

Even if it wasn't on your SA I'm not sure you're in the clear.

So if you were in a scheme pre-DOTAS which subsequently registered as DOTAS, you could receive an APN?

Not sure how HMRC would know it was the same arrangement and maybe would have to issue a follower notice later?

Knowing them they are bound to try it on anyway.

[DonkeyRhubarb]

So if you were in a scheme pre-DOTAS which subsequently registered as DOTAS, you could receive an APN?

Don't know about that but I do know in the first couple of years after DOTAS came in not everyone put the SRN on their returns.

[webberg]

A follower notice can be issued ONLY when a case that HMRC considers has elements similar to those claimed in YOUR case has reached the end of the road in terms of litigation. That might be a decision in the highest court possible (which would probably not include ECJ) or the abandonment of litigation after a decision in a lower court.

Worryingly that means possibly a decision from FTT where the taxpayer is unable to fund progress. There needs to be a very careful eye kept on such decisions as some form of group funding may be required to keep such cases running.

An APN can be issued if a DOTAS number has been allocated. Presently, no DOTAS SRN, no APN.

BUT....

HMRC is making noises about schemes that "should" have been notified and were not. I have also seen some reasoning behind non disclosure that is at best debatable. In such cases, HMRC can order disclosure from promoter (if still around) or users. That will leave the scheme open to APN.

[Fireship]

There is a lot of activity being undertaken by Montpelier and NTRT, and members of the forum are reminded that trolls are still active and that all Montpelier letters and NTRT newsletters fall into the hands of HMRC. So anybody who thinks that Montpelier are going to reveal for public consumption the entire strategy and reasoning to defeat s58 are bonkers.

Couldn't have put it better myself!!