Settlement Opportunity

[AlCapone]

Just to clarify a little, if HMRC lose you MAY get your money back EVENTUALLY ...

The APN in the sticky thread, What an APN looks like, suggests that HMRC will withhold repayment if they lose just in case they want to appeal the decision (apparently, to stop us dishonest, lazy people from spending it). How long has it taken HMRC to get this far? Once they've got our APN money there'll be no rush to take it to tribunal, they can hold on to it for as long as they want...

There are time limits on appeals though so don't think they can hold on to it for as long as the want

[eek]

Just to clarify a little, if HMRC lose you MAY get your money back EVENTUALLY ...

The APN in the sticky thread, What an APN looks like, suggests that HMRC will withhold repayment if they lose just in case they want to appeal the decision (apparently, to stop us dishonest, lazy people from spending it). How long has it taken HMRC to get this far? Once they've got our APN money there'll be no rush to take it to tribunal, they can hold on to it for as long as they want...

Surely the point of the APN will be that it becomes in the tax payers interest to pursue the tribunal. I'm sure HMRC haven't thought this through as chances as the number of tribunal cases being requested by tax payers is going to create a log jam...

Thankfully I believe appeal time frames are limited so once its in progress HMRC can't delay things. The sheer amount of work being sent to tribunals will however.....

[DonkeyRhubarb]

I'm sure HMRC haven't thought this through as chances as the number of tribunal cases being requested by tax payers is going to create a log jam...

That's what some in the professional press are saying.

Taxpayers may as well take a punt at a tribunal, even represent themselves if they can't afford a brief, because they haven't much to lose having already handed over the cash.

Btw, there is already a log jam in the tax courts, so this could break the system.

[DotasScandal]

"I'm sure HMRC haven't thought this through as chances as the number of tribunal cases being requested by tax payers is going to create a log jam..."

The cynic in me tends to think that they HAVE thought this through, and that HMRC have no problem at all with a log jam - quite the opposite in fact.

[DonkeyRhubarb]

"I'm sure HMRC haven't thought this through as chances as the number of tribunal cases being requested by tax payers is going to create a log jam..."

The cynic in me tends to think that they HAVE thought this through, and that HMRC have no problem at all with a log jam - quite the opposite in fact.

Yes but they won't even be able to get the cases they want into court.

A lot of disputes can only be resolved through litigation, and it doesn't benefit them if the whole tribunal system grinds to a halt.

[DotasScandal]

Yes but they won't even be able to get the cases they want into court.

A lot of disputes can only be resolved through litigation, and it doesn't benefit them if the whole tribunal system grinds to a halt.

I hear you, DonkeyRhubarb.... But do they want to see disputes resolved? I say no. We all know the "80% success rate" is completely phony.
It is not in the interest of HMRC for things to actually get to court. What *IS* in their interest is to be able to claim everywhere that they have "recovered XXXXXX millions / billions of pounds from "tax avoiders"" - collected by way of FN or APN.

I remain convinced that the core of HMRC's strategy is that only a small percentage of taxpayers will pursue litigation - be it due to discouragement, lack of funds, inability to form fighting groups, or just plain old apathy...

[eek]

I hear you, DonkeyRhubarb.... But do they want to see disputes resolved? I say no. We all know the "80% success rate" is completely phony.
It is not in the interest of HMRC for things to actually get to court. What *IS* in their interest is to be able to claim everywhere that they have "recovered XXXXXX millions / billions of pounds from "tax avoiders"" - collected by way of FN or APN.

I remain convinced that the core of HMRC's strategy is that only a small percentage of taxpayers will pursue litigation - be it due to discouragement, lack of funds, inability to form fighting groups, or just plain old apathy...

I think a lot of people will pursue litigation because if you find enough others willing to take it on it won't be expensive. Far worse for HMRC will be the fact that because the taxpayers are choosing the test cases, the test cases will be the ones HMRC are likely to lose rather than the carefully chosen example they can win.

That 80% figure is only because HMRC pick their battles. And that won't be the case in the future tax payers will pick their champions. And those champions will not be the people HMRC think will cave in but those that HMRC have moved heaven and earth to avoid dealing with in court.

[DotasScandal]

I think a lot of people will pursue litigation because if you find enough others willing to take it on it won't be expensive. Far worse for HMRC will be the fact that because the taxpayers are choosing the test cases, the test cases will be the ones HMRC are likely to lose rather than the carefully chosen example they can win.

That 80% figure is only because HMRC pick their battles. And that won't be the case in the future tax payers will pick their champions. And those champions will not be the people HMRC think will cave in but those that HMRC have moved heaven and earth to avoid dealing with in court.

True. These groups are already operating and from now on it's not all going to be a walk in the park with Boyle-type cases for our friends at the Revenue.
They should expect some more Rangers along the way

[InNZ]

NZ Accountant

Hi Dilemma - I'm also in NZ and the time difference is making it difficult to 1) speak to hector to confirm open enquiries, and 2) get into discussions with a tax/accounting firm who could help advise (even just to advise whether hector's calculations for a settlement amount are correct).

Reading this forum I get the feeling that there *may* be a chance hector wouldn't be successful at a tribunal ~ but then the type of people who post on this forum (and I include myself here) are going to be the ones querying the whole settlement thing in the first place and trying to see whether there's a way out. Others will have just gone ahead and settled.

I don't think it's worth engaging with an NZ-based accountant - they won't have the knowledge or relevant experience. Find one in the UK to deal with, if that's what you decide to do.

I have contacted my accountant here in NZ for advice in this matter. They then got me in touch with a "specialist" accountant who supposedly knows a lot more about UK/NZ policy than my accountants. This second accountant wants $500 + gst for... "We would be able to provide some guidance on what would happen in your particular situation but could not necessarily provide definitive answers on all your questions". I have dealt with this second company before (in relation to my UK pension being transferred to NZ) and they were virtually next to useless, so I am loathed to fork out for what could well be a waste of time.

[DonkeyRhubarb]

A must read

One scheme issued this response, based on professional advice, to their clients.

http://www.files.com/download/54771c...pportunity.pdf