Settlement Opportunity

[Rob79]

Taxman using psychologists to make people feel guilty if they don't pay up - Telegraph

[gettingangry]

For 2005-2006, if you never received any notice, surely that year is also 'lost' to HMRC because they also didn't protect their position? Can you clarify what you received for that year if anything?

I didn't receive anything for 2005-2006 - if I did I would have appealed like I did for 2008-9 and 2009-10 and they would have sent letters acknowledging the appeal. Otherwise surely time would have been up on that year and they'd be knocking on my door by now.

[pimpernell]

I didn't receive anything for 2005-2006 - if I did I would have appealed like I did for 2008-9 and 2009-10 and they would have sent letters acknowledging the appeal. Otherwise surely time would have been up on that year and they'd be knocking on my door by now.

Well yes. So is it a worrying development that they've sent you a settlement offer for a year that they haven't got 'open' - i.e. is this an admin error or are they just chancing it?

[jbryce]

I didn't receive anything for 2005-2006 - if I did I would have appealed like I did for 2008-9 and 2009-10 and they would have sent letters acknowledging the appeal. Otherwise surely time would have been up on that year and they'd be knocking on my door by now.

2005-2006 is a long time ago, talk to an accountant and ask for evidence, form HMRC, that they did, in fact, have those years open.

[AlCapone]

2005-2006 is a long time ago, talk to an accountant and ask for evidence, form HMRC, that they did, in fact, have those years open.

I haven't had my offer yet despite calling them at the end of July the day after I got my letter. The first person I spoke to said I only had one enquiry open for 06/07. Didn't hear back for a month so called again and got another guy and he said the same. Spoke to the same guy about 4 or 5 times since. Then on the last conversation he very casually mentioned 05/06. Eh?? Where did this come from? I too never had any notice on that. My accountant is checking this out. He said he has another client who is in the same situation.

[TonyTucker]

Just called the helpline to see which years I'm being investigated for. I had previously received a COP8 for 2006/7 and DA for 2008/9. I was in a scheme for 2007/8 but nothing was received.

The lady said I was being investigated for all years IE 2006/7, 2007/8 and 2008/9. I said I'd never received a letter for the middle year but she said that was covered by the 2008/9 DA.

Anyway, she wanted details of my loans for the 3 years - won't be sending those yet....

My last comment to her was about the APN's. She said I wasn't affected by them and it's only for people on current schemes. I queried this and she said if I chose not to settle in January then I'd have to wait for tribunal.

So, can they investigate me for 2007/8 under the DA for 2008/9?

Has anyone else heard that the APN's are not relevant to older schemes... This seems opposite to the idea behind the apn!!

[DonkeyRhubarb]

There seem to be some dubious messages coming from that Helpline.

[jbryce]

Just called the helpline to see which years I'm being investigated for. I had previously received a COP8 for 2006/7 and DA for 2008/9. I was in a scheme for 2007/8 but nothing was received.

The lady said I was being investigated for all years IE 2006/7, 2007/8 and 2008/9. I said I'd never received a letter for the middle year but she said that was covered by the 2008/9 DA.

Anyway, she wanted details of my loans for the 3 years - won't be sending those yet....

My last comment to her was about the APN's. She said I wasn't affected by them and it's only for people on current schemes. I queried this and she said if I chose not to settle in January then I'd have to wait for tribunal.

So, can they investigate me for 2007/8 under the DA for 2008/9?

Has anyone else heard that the APN's are not relevant to older schemes... This seems opposite to the idea behind the apn!!

so.....why settle? Are fines inevitable if one were to lose at tribunal?

[Rob79]

Just called the helpline to see which years I'm being investigated for. I had previously received a COP8 for 2006/7 and DA for 2008/9. I was in a scheme for 2007/8 but nothing was received.

The lady said I was being investigated for all years IE 2006/7, 2007/8 and 2008/9. I said I'd never received a letter for the middle year but she said that was covered by the 2008/9 DA.

Anyway, she wanted details of my loans for the 3 years - won't be sending those yet....

My last comment to her was about the APN's. She said I wasn't affected by them and it's only for people on current schemes. I queried this and she said if I chose not to settle in January then I'd have to wait for tribunal.

So, can they investigate me for 2007/8 under the DA for 2008/9?

Has anyone else heard that the APN's are not relevant to older schemes... This seems opposite to the idea behind the apn!!

No HMRC cannot include 07/08 in an 08/09 assessment and to even think that is absurd and illegal.

If you genuinely have no 07/08 open enquiry or COP8 then you are home and clear for that year. Tell HMRC to either prove to you that the year is open or formally drop any claim.

Her advice on APN is also wide of the mark. An APN can be issued for any scheme that meets the conditions. DOTAS started in 2004 but really got going in April 2006. I suggest that almost all schemes should have been notified after that date. If it was not, then arguably an offence has occurred.

That offence is failure to notify. This carries a heavy fine these days (up to £1m!) but previously were much less. There is also a priority as to who is meant to notify which starts with promoter and ends with user.

[jbryce]

No HMRC cannot include 07/08 in an 08/09 assessment and to even think that is absurd and illegal.

If you genuinely have no 07/08 open enquiry or COP8 then you are home and clear for that year. Tell HMRC to either prove to you that the year is open or formally drop any claim.

Her advice on APN is also wide of the mark. An APN can be issued for any scheme that meets the conditions. DOTAS started in 2004 but really got going in April 2006. I suggest that almost all schemes should have been notified after that date. If it was not, then arguably an offence has occurred.

That offence is failure to notify. This carries a heavy fine these days (up to £1m!) but previously were much less. There is also a priority as to who is meant to notify which starts with promoter and ends with user.

...just out of interest are there any schemes that are not required to be notified under DOTAS? Many of the current (irritating) schemes seem to think that they fall outside DOTAS - surely that's an example of the failure to notify you mention above - which, hopefully, suggests that the current raft of suppliers will get their arse kicked at some point?