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

[webberg]

Will APNs be issued for the years prior to DOTAS taking effect or will the "liability" for this period to be pursued by HMRC through a different mechanism? I too joined the scheme prior to 2005. Am trying to work out what my total liability is!

You (and other recent posters) need to read some of the good advice on these threads.

If HMRC claim a year is open (under enquiry or appeal) and you have no evidence, ASK THEM TO PROVE IT.

It needs to be copies of original letters, not just HMRC saying that their file says a notice has been issued.

[Descartes Dog]

Thanks Webberg. I will check my paperwork. Unfortunately I think I do have open enquiries pre DOTAS so assuming I do was wanting to know what HMRC will do about those. Maybe if not via APN then the "liability" for those years would be payable if we don't get the right result at the tax tribunals.

[DonkeyRhubarb]

If they were however then in theory if years pre 2004 were under enquiry etc, an APN could be issued.

That would be really taking the mickey. As it is, the earliest year we've seen an APN for is 2004/5.

[Ooops]

Thanks Webberg. I will check my paperwork. Unfortunately I think I do have open enquiries pre DOTAS so assuming I do was wanting to know what HMRC will do about those. Maybe if not via APN then the "liability" for those years would be payable if we don't get the right result at the tax tribunals.

Hi Descartes Dog,

I'm sure you probably have but just in case... Might be worth rereading back on page 818 DR's comments and Convict's link to make sure hmrc open and shut the enquiry in the correct maner and within the time frame. Enquiries - fact v myth | Crowe Clark Whitehill

[Britspud]

1-8 Week Notification Received

Hi all,

Hope you're all well as possible in the circumstances!

I received my letter a week or so ago. I'm one of the more fortunate ones that was only in the scheme for 2 and a bit years, and interestingly, like others here, the letter I got is missing a year. When I log on to Gov Gateway, it shows all three years (2006, 2007 and 2008) with outstanding/disputed amounts, but the letter only lists 2006 and 2008.

I will be writing to HMRC asking for copies of Enquiry and CN letters forthwith!!

Is there a specific address/section that we should write to for this? I was going to just reply to the ones that issued this latest letter....

Take care all,

B.

[funjim]

re gov gateway

assuming the less other adjustments is the amounts in dispute each year?

if so ..i have had a ctd for some years... is the interest amount considered to be accurate?

cheers

fj

[DonkeyRhubarb]

I received my letter a week or so ago. I'm one of the more fortunate ones that was only in the scheme for 2 and a bit years, and interestingly, like others here, the letter I got is missing a year. When I log on to Gov Gateway, it shows all three years (2006, 2007 and 2008) with outstanding/disputed amounts, but the letter only lists 2006 and 2008.

I will be writing to HMRC asking for copies of Enquiry and CN letters forthwith!!

Sounds like they've fluffed the pre-APN letter.

If might be best to wait for the actual APNs before rattling the cage.

[Maddog]

Enquiries advise

Went through a forest of HMRC paper work (I kept everything) and this is what I found

2002-2003 - various letter from HMRC, but no enquiries, found Discovery Assessment issued in 2008 -> Had letter from MTM in 2005 stating no enquires within time limit
2003-2004 - Section 9A TMA 1970 Notice in end Dec 2005
2004-2005 - Section 9A TMA 1970 Notice in July 2007
2005-2006 - Can't find any enquires, just general letters
2006-2007 - Section 9A TMA 1970 Notice May 2008

All the above years are "suspended under appeal" under my SA account- I assume 02/03 and 05/06 are open for challenge ?

[DonkeyRhubarb]

Interest

APNs will be for the tax only (no interest).

However, while we are on the subject of interest, I haven't posted this for a while but here are my current estimates for accrued interest up to March 2015.

2001/2 64%
2002/3 57%
2003/4 51%
2004/5 44%
2005/6 37%
2006/7 30%
2007/8 22%

[eek]

Went through a forest of HMRC paper work (I kept everything) and this is what I found

2002-2003 - various letter from HMRC, but no enquiries, found Discovery Assessment issued in 2008 -> Had letter from MTM in 2005 stating no enquires within time limit
2003-2004 - Section 9A TMA 1970 Notice in end Dec 2005
2004-2005 - Section 9A TMA 1970 Notice in July 2007
2005-2006 - Can't find any enquires, just general letters
2006-2007 - Section 9A TMA 1970 Notice May 2008

All the above years are "suspended under appeal" under my SA account- I assume 02/03 and 05/06 are open for challenge ?

I would have thought that 2004-5 is out of time as well... Tax return would be Jan 2006, the last date for notification would be Jan 2007...

based on http://www.kinsellatax.co.uk/tax-inv...nvestigations/