Judicial Review of APN has been requested ...

[lilikins1]

So can we assume that if this judicial review states the obvious and rules that APN's are illegal, that hmrc won t be able to use APN's at all for anyone or only the challenging film investors??

[DonkeyRhubarb]

So can we assume that if this judicial review states the obvious and rules that APN's are illegal, that hmrc won t be able to use APN's at all for anyone or only the challenging film investors??

There is actually more than one JR in the pipeline, with no doubt more to come. I imagine most JRs will be on specific grounds which may only relate to a particular scheme.

I wouldn't count on any of these JRs benefiting everyone.

[lilikins1]

There is actually more than one JR in the pipeline, with no doubt more to come. I imagine most JRs will be on specific grounds which may only relate to a particular scheme.

I wouldn't count on any of these JRs benefiting everyone.

I don't know much about law but wouldn't it be worth setting up an APN judicial review action group and challenge the whole concept of the APN?

[RoastedSlopes]

I don't know much about law but wouldn't it be worth setting up an APN judicial review action group and challenge the whole concept of the APN?

Are you asking or offering to set this up? Its not just gonna happen, someone needs to own these items!

[DonkeyRhubarb]

I don't know much about law but wouldn't it be worth setting up an APN judicial review action group and challenge the whole concept of the APN?

The PCG tried that with IR35. Montpelier tried it with the S58 retrospective legislation. Neither were successful.

It is very hard to challenge an Act of Parliament on principle.

You've got a much better chance if you can argue that the legislation doesn't apply to your specific circumstances, which is what I understand most of the current APN JRs are about.

[DonkeyRhubarb]

First contractors to receive APNs

Users of the double tax scheme, affected by the retrospective legislation Section 58 FA 2008, have started receiving letters from HMRC to say that APNs will be issued in the next few weeks.

So far, we've only seen letters for the arrangements promoted by Montpelier and deGraaf.

Montpelier have said they will apply for a Judicial Review.

[EBTContractor]

double tax scheme..

How does this work?

[DonkeyRhubarb]

How does this work?

Money was received from an Isle of Man trust and tax relief was claimed under the UK-IoM double taxation treaty.

In 2008 HMRC got the Labour Government to change the law retrospectively, back to 1987, to outlaw the scheme. People who had used the scheme between 2001 and 2008 became liable for tax and interest.

Montpelier have been fighting it through the courts ever since, which is why up to now we haven't had to pay.

[lilikins1]

Money was received from an Isle of Man trust and tax relief was claimed under the UK-IoM double taxation treaty.

In 2008 HMRC got the Labour Government to change the law retrospectively, back to 1987, to outlaw the scheme. People who had used the scheme between 2001 and 2008 became liable for tax and interest.

Montpelier have been fighting it through the courts ever since, which is why up to now we haven't had to pay.

I'm actually gutted as I thought that the judicial review that the film investors were requesting was a review of the actual APN concept. Pinsent were citing Human Rights breach, etc etc

[jbryce]

Money was received from an Isle of Man trust and tax relief was claimed under the UK-IoM double taxation treaty.

In 2008 HMRC got the Labour Government to change the law retrospectively, back to 1987, to outlaw the scheme. People who had used the scheme between 2001 and 2008 became liable for tax and interest.

Montpelier have been fighting it through the courts ever since, which is why up to now we haven't had to pay.

Did Montpelier run any EBTs - will they be covered by the APNs too?