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Settlement Opportunity

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    Residence and Domicile

    Does anyone know why the do3 form asks about being ordinarily resident in the UK?

    I ask because I was not inside the UK for one of the years in question for more than 183 days (2010-2011). I left the UK in August "permanently" (circumstances changed and returned to UK 2012-2013 tax year).

    Comment


      Originally posted by holymoly23m View Post
      Does anyone know why the do3 form asks about being ordinarily resident in the UK?

      I ask because I was not inside the UK for one of the years in question for more than 183 days (2010-2011). I left the UK in August "permanently" (circumstances changed and returned to UK 2012-2013 tax year).
      HMM.

      I don't know but be careful with the terms "resident" and "ordinarily resident".

      The first is used in income tax and can be largely determined by presence in the UK in any given tax year.

      The second is used in capital gains tax and is largely determined by a pattern of behaviour over a number (usually 3) tax years.
      Best Forum Adviser & Forum Personality of the Year 2018.

      (No, me neither).

      Comment


        Originally posted by webberg View Post
        HMM.

        I don't know but be careful with the terms "resident" and "ordinarily resident".

        The first is used in income tax and can be largely determined by presence in the UK in any given tax year.

        The second is used in capital gains tax and is largely determined by a pattern of behaviour over a number (usually 3) tax years.
        Thanks for the info. Do you know if requesting a settlement figure will prejudice any appeal in place? is it in effect admitting guilt?

        Also has anyone (who doesnt have an APN) thought about purchasing a Certificate of Tax Deposit to stop interest accruing as this process takes its time?

        Thanks

        Comment


          Originally posted by holymoly23m View Post
          Thanks for the info. Do you know if requesting a settlement figure will prejudice any appeal in place? is it in effect admitting guilt?
          Not admitting anything as you haven't filled in the CLS02 and agreed.

          Originally posted by holymoly23m View Post
          Also has anyone (who doesnt have an APN) thought about purchasing a Certificate of Tax Deposit to stop interest accruing as this process takes its time?

          Thanks
          Lots of people have done that.

          Comment


            Originally posted by bluemonkey71 View Post
            Not admitting anything as you haven't filled in the CLS02 and agreed.



            Lots of people have done that.
            Really struggling with this settlement opportunity here.

            Trying to pull the figures together now. HMRC estimates are on the low side based on my own estimates. Why would I give them information to increase my potential liability?

            Does anyone know if I can request a settlement calculation based on their own numbers first?

            Comment


              Originally posted by holymoly23m View Post
              Really struggling with this settlement opportunity here.

              Trying to pull the figures together now. HMRC estimates are on the low side based on my own estimates. Why would I give them information to increase my potential liability?

              Does anyone know if I can request a settlement calculation based on their own numbers first?
              Same here, HMRC comes in less than my calculation also the amounts are listed as suspended on appeal on the HMRC portal, should I assume the APN will be exactly for these amounts, as I have heard others having different amounts on settlement to actual APN.

              Comment


                If u don't disclose everything while settling, HMRC can come back. Interacting with HMRC is just plain bad which every way u go. If we all had not worried about disclosure and obeyed DOTAS rules we wouldn't have been here.

                Comment


                  Originally posted by StrengthInNumbers View Post
                  If u don't disclose everything while settling, HMRC can come back. Interacting with HMRC is just plain bad which every way u go. If we all had not worried about disclosure and obeyed DOTAS rules we wouldn't have been here.
                  If you don't disclose everything and they dig in and find out you have lied, I'd expect them to put you through the ringer and forensically look at all your returns. Not worth the hassle.

                  Wouldn't matter about DOTAS anyway as I'd expect a FN will catch those that have slipped through the net anyway.

                  Also the CLSO contract wording got changed by HMRC yesterday.

                  Comment


                    Originally posted by bluemonkey71 View Post
                    If you don't disclose everything and they dig in and find out you have lied, I'd expect them to put you through the ringer and forensically look at all your returns. Not worth the hassle.

                    Wouldn't matter about DOTAS anyway as I'd expect a FN will catch those that have slipped through the net anyway.

                    Also the CLSO contract wording got changed by HMRC yesterday.
                    HMRC have to cite a case that reflects the one you were/are using to issue a FN though....

                    Comment


                      Originally posted by WalterWhite View Post
                      HMRC have to cite a case that reflects the one you were/are using to issue a FN though....
                      Yep.

                      Comment

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