Settlement Opportunity

[MercladUK]

How 'loose' does a scheme have to be to another to allow follower notice to be issued?

ie scheme A (HMRC Win) is X and Scheme B is 50% similar to Scheme A (in HMRC's eyes)

[webberg]

In the "Without Prejudice" settlement statement the HMRC have underestimated the loans I've actually received.

If I accept their estimate will/can they ask to see proof i.e. bank statements etc ?

yes.

If you think that HMRC has had all the information they have asked you for and still got it wrong, you may choose not to tell them anything further.

Complicated subject though. Get advice.

[webberg]

How 'loose' does a scheme have to be to another to allow follower notice to be issued?

ie scheme A (HMRC Win) is X and Scheme B is 50% similar to Scheme A (in HMRC's eyes)

According to HMRC they can take elements of certain cases that are FINAL and apply them elsewhere. That is almost certainly going to be challenged.

[LandRover]

According to HMRC they can take elements of certain cases that are FINAL and apply them elsewhere. That is almost certainly going to be challenged.

Have any fN's been issued yet for non-Dotas schemes?

What are the time constraints for FN to be issued for non-Dotas schemes or is it based on 4 years discovery?

[webberg]

Have any fN's been issued yet for non-Dotas schemes?

What are the time constraints for FN to be issued for non-Dotas schemes or is it based on 4 years discovery?

There is a limit that starts from the decision becoming final.

This is an extract from the notes of 17 July 2014 issued by HMRC

1.7.1 Time limits (section 204(6) of FA 2014)
A follower notice must be given within 12 months, beginning
with the later of

 the day on which the relevant judicial ruling is made
(condition C); or

 the day the return or claim was received by HMRC; or

 the day the tax appeal was made.
See section 1.7.2 for the transitional time limits following
enactment of FA 2014.

[AnotherContractor]

yes.

If you think that HMRC has had all the information they have asked you for and still got it wrong, you may choose not to tell them anything further.

Complicated subject though. Get advice.

Yes, my response would be I'm accepting their offer since is that i'm unable to challenge their estimate

[LandRover]

There is a limit that starts from the decision becoming final.

This is an extract from the notes of 17 July 2014 issued by HMRC

1.7.1 Time limits (section 204(6) of FA 2014)
A follower notice must be given within 12 months, beginning
with the later of

 the day on which the relevant judicial ruling is made
(condition C); or

 the day the return or claim was received by HMRC; or

 the day the tax appeal was made.
See section 1.7.2 for the transitional time limits following
enactment of FA 2014.

From this information does that mean 12 mths from July 2014 when FA 2014 became law OR 12 mths from when a verdict on a tax tribunal case has been passed?

Can they include prior July 2014 non-DoTAS in FN demands?

[webberg]

Yes, my response would be I'm accepting their offer since is that i'm unable to challenge their estimate

I suggest that may not be enough and would risk reopening the settlement later.

[webberg]

From this information does that mean 12 mths from July 2014 when FA 2014 became law OR 12 mths from when a verdict on a tax tribunal case has been passed?

Can they include prior July 2014 non-DoTAS in FN demands?

My interpretation would be be that it's a period of 12 months STARTING with the final legal decision of the submission of a claim etc.

So if there was a FN based on Boyle for example which became final in November 2013, if would fall into the category of having to be made within 12 months of a return being submitted.

So in answer to the second question, it depends on when the return with the data was submitted.

For 13/14 tax year, last return date is January 2015 and the FN period expires January 2016.

[davieloco]

My interpretation would be be that it's a period of 12 months STARTING with the final legal decision of the submission of a claim etc.

So if there was a FN based on Boyle for example which became final in November 2013, if would fall into the category of having to be made within 12 months of a return being submitted.

So in answer to the second question, it depends on when the return with the data was submitted.

For 13/14 tax year, last return date is January 2015 and the FN period expires January 2016.

Does that mean that Boyle cannot be used for an FN for the years prior to 13/14.

DL