Settlement Opportunity

[slatt]

I suppose it would depend on how your scheme was set up and whether it was DOTAS registered etc.

Their new powers are pretty broad but they do still have limits, it may be that you just don't fall into the current set of rules and so the APNs don't (currently) apply....

From what I understand, some of the non-DOTAS schemes will need to go to tribunal so HMRC can then use the Follower Notice legislation on "similar" schemes

[jbryce]

I suppose it would depend on how your scheme was set up and whether it was DOTAS registered etc.

Their new powers are pretty broad but they do still have limits, it may be that you just don't fall into the current set of rules and so the APNs don't (currently) apply....

From what I understand, some of the non-DOTAS schemes will need to go to tribunal so HMRC can then use the Follower Notice legislation on "similar" schemes

It was a DOTAS scheme. It has DOTAS written all over it. A couple of my other conspirators have been given the same info.
Odd.

I guess there is just some confusion in HMRC. They have the power to issue APNs, I assume they will use that.

[slatt]

That is strange then!

Although if you're saying that HMRC couldn't organise a proverbial in a brewery, it becomes much more understandable....

[DonkeyRhubarb]

It was a DOTAS scheme. It has DOTAS written all over it. A couple of my other conspirators have been given the same info.
Odd.

I guess there is just some confusion in HMRC. They have the power to issue APNs, I assume they will use that.

Is the DOTAS number on HMRC's hit list?
https://www.gov.uk/government/upload...tober_2014.pdf

Even if it is on the list, I doubt many in HMRC know exactly which of these 1200 schemes will eventually get APNs.

[dangerouswhensober]

...really odd - HMRC told my accountant that there would be no APN, just a tribunal.
Odd.

Actually, this is in line with Ms Homer's statement to the Treasury Select Committee on 8th July, when justifying the introduction of FN and APN in the Finance Bill this year.

"When questioned on how they will use the powers, Lin Homer said that they will at this stage only seek accelerated payment in cases where there has already been a tribunal decision in their favour. Whether they will then go onto other cases has not yet been decided."

It's possible that your accountant mis-heard, or didn't hear everything - maybe HMRC said that there will be a tribunal, followed (very sharpish) by an APN if HMRC win the case (but they said the last bit under their breath ...)

[StrengthInNumbers]

That's strange, does that mean HMRC want to issue follower notice and force you to settle or go to court and risk penalty. Follower notices are harsh.

[StrengthInNumbers]

HMRC has clearly said they will be issuing APN from January in large numbers. HMRC are not that good that they will wait for a tribunal decision before issuing APN. Directly tribunal might mean issue of follower notice and force settlement or court.

[jbryce]

Actually, this is in line with Ms Homer's statement to the Treasury Select Committee on 8th July, when justifying the introduction of FN and APN in the Finance Bill this year.

"When questioned on how they will use the powers, Lin Homer said that they will at this stage only seek accelerated payment in cases where there has already been a tribunal decision in their favour. Whether they will then go onto other cases has not yet been decided."

It's possible that your accountant mis-heard, or didn't hear everything - maybe HMRC said that there will be a tribunal, followed (very sharpish) by an APN if HMRC win the case (but they said the last bit under their breath ...)

That was my accountant's take on it as well, i.e. they'd go for an FTT win and then hit with APNs off the back of an FN. Given that EBTs are varied in their implementation, then they may do this on a scheme by scheme basis.

[dangerouswhensober]

That was my accountant's take on it as well, i.e. they'd go for an FTT win and then hit with APNs off the back of an FN. Given that EBTs are varied in their implementation, then they may do this on a scheme by scheme basis.

Yes - and to make it easier to justify, they will probably cherry-pick a poorly-implemented EBT scheme (e.g. loans not properly documented, no transparent trustee loan-approval process, etc.). Winning just one such EBT scheme case at FTT would seem to open the door to immediate FNs for most (if not all) other schemes and APNs for other scheme users.

[frodo]

Terms

Does anyone have a view on what payment terms HRMC could offer? Based on my figure I would need around 5 years.