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

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    Originally posted by SleepingFireman View Post
    I've received the pre-APN letter but 2 others I know well haven't. My liability is a not an insignificant 5 figure amount, where as the others are well into 6 figures.

    Could HRMC be targeting the smaller liabilities first in a hope those individuals have more chance of just paying up?
    I got mine at the weekend; Mine will be close too 300k so not a smaller liability!!!!

    Comment


      Originally posted by screwthis View Post
      But they DID do a deal and presumably there is evidence of this that can be shown in court.

      Also presume his circumstances were not in fact that unique as we are presenting the argument as applicable to the wider group.
      Remember, HMRC are weasels. When's a deal not deal? When HMRC say it's not a deal.

      They will just claim they settled based on the facts of the individual case.

      There was nothing particularly unusual or unique about George's circumstances.

      Comment


        no - im over 100k and got the letter so bang goes that theory ...PLUS i (as you all know by now) got told i get the APN in up to 4 weeks not 8,

        Gogin on holiday next week so whats the betting it turns up whilst im away

        Originally posted by warlord View Post
        My APN liability is aprox 49k. I have had the pre-apn letter.
        I was with MTM.

        Comment


          Greater than 75%

          Greater than 75% is the highest % a barrister will ever give. Even if they think it's a virtual dead cert.

          In our case, the barrister we've used is an FTT Judge so this gives even more confidence. You can find her past cases by selecting Judge - "Redston, Anne Redston" here:
          The Finance & Tax Tribunal

          So why would anyone want to settle if the odds are so good?

          Because there's always a risk, no matter how small, that a tribunal won't see it the same way. And the outcome is binary, win or lose, all or nothing. Also, even if you win, HMRC will probably appeal. It could drag on for years.
          Last edited by DonkeyRhubarb; 4 March 2015, 11:06.

          Comment


            Originally posted by helen7 View Post
            I got mine at the weekend; Mine will be close too 300k so not a smaller liability!!!!
            Hi Helen7,

            Were you with MP or another provider?

            Comment


              i presuem in this case everyone has to appeal /make thier case on an individual basis ... so no class action


              Originally posted by DonkeyRhubarb View Post
              Greater than 75% is the highest % a barrister will ever give. Even if they think it's a virtual dead cert.

              In our case, the barrister we've used is an FTT Judge so this gives even more confidence. You can find her past cases by selecting Judge - "Redston, Anne Redston" here:
              The Finance & Tax Tribunal

              So why would anyone want to settle if the odds are so good?

              Because there's always a risk, no matter how small, that a tribunal won't see it the same way. And the outcome is binary, win or lose, all or nothing. Also, even if you win, HMRC will probably appeal. It could drag on for years.

              Comment


                Originally posted by DonkeyRhubarb View Post
                Greater than 75% is the highest % a barrister will ever give. Even if they think it's a virtual dead cert.

                In our case, the barrister we've used is an FTT Judge so this gives even more confidence. You can find her past cases by selecting Judge - "Redston, Anne Redston" here:
                The Finance & Tax Tribunal

                So why would anyone want to settle if the odds are so good?

                Because there's always a risk, no matter how small, that a tribunal won't see it the same way. And the outcome is binary, win or lose, all or nothing. Also, even if you win, HMRC will probably appeal. It could drag on for years.
                One thing I have learnt from this sorry mess is beware lawyers bearing opinions. I wonder how many opinions since the original IR35 judicial review in 2000 have been favourable to this extent?

                Comment


                  Originally posted by GripRacing View Post
                  Hi Helen7,

                  Were you with MP or another provider?
                  Yep MP

                  Comment


                    Originally posted by elpinar View Post
                    i presuem in this case everyone has to appeal /make thier case on an individual basis ... so no class action
                    Technically yes. But do you think HMRC would want hundreds of individual cases?

                    HMRC didn't properly investigate the scheme in the first place which is why the George argument works.

                    Comment


                      Originally posted by SleepingFireman View Post
                      I've received the pre-APN letter but 2 others I know well haven't. My liability is a not an insignificant 5 figure amount, where as the others are well into 6 figures.

                      Could HRMC be targeting the smaller liabilities first in a hope those individuals have more chance of just paying up?
                      Well I dont want to put the fluence on anything but MP told me mine was one of the smaller liabilities they have. I havent received anything although I was only in the scheme from the early days for a couple of years.
                      I couldn't give two fornicators! Yes, really!

                      Comment

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