Judicial Review of APN has been requested ...

[dangerouswhensober]

Just found this on-line article in the FT, dated last Friday (19th Dec):

Investors accused of tax avoidance are mounting a legal challenge to demands for upfront payment by HM Revenue & Customs.

An application for a judicial review of the use of “accelerated payment notices” by the tax authority has been made on behalf of people who invested in three partnerships promoted by Ingenious Media, according to documents seen by the Financial Times. They claim the notices are unreasonable and illegal....

(Sorry, the whole article is only available to on-line subscribers - of which I am not one - but I will be trying to get hold of the original article to summarise).

http://www.ft.com/cms/s/0/a275e4d8-8...#axzz3MjnwYf8n

Good luck to them, I say, and a Merry Xmas to the Government & HMRC :-)

[dangerouswhensober]

A few more details

Some selected quotes from the FT article:

An application for a judicial review of the use of 'Accelerated Payment Notices' by the tax authority has been made on behalf of people who invested in three partnerships promoted by Ingenious Media, according to documents seen by the Financial Times. They claim the notices are unreasonable and illegal.

Members of Ingenious Film Partners 1 and 2, and Ingenious Games, have received demands for payment of the disputed tax related to their investments, ahead of tax tribunal rulings.

They are among the first group of taxpayers to have been sent such payment notices, which were introduced this summer as part of a clampdown on avoidance. HMRC is looking to reclaim £7.1bn of unpaid tax by April 2016.

The claimants are challenging HMRC’s power to issue the notices — which cannot be appealed — on several grounds, including that their disputes have not been resolved. The review will not address whether the arrangements were tax avoidance schemes.

In a statement, HMRC said that while it did not comment on individual cases, 'we are confident of our position on the accelerated payments legislation and we will be pressing to have any challenges to it resolved promptly. We will be continuing to issue [APNs] in the interest of the vast majority of taxpayers who play by the rules.'

[Boobetty]

Excellent news, thanks for posting!

[BrilloPad]

Thanks for posting - great news

[StrengthInNumbers]

Judicial Review of APN has been requested ...

I would hope everyone affected gets behind them and together a power challenge is put up for HMRC.

[morf]

Great news, thanks!

[bhavvy]

How to attack FNs and APNs

Great article on how to defend yourself from FNs and APNs. At least we are not the only ones thinking that HMRC have over extended themselves.

http://www.taxchambers.com/wp-conten...s-Notices3.pdf

[dangerouswhensober]

Judicial Review is going ahead and APNs in this scheme will be suspended ...

Just found this on-line article in the FT, dated last Friday (19th Dec):

Investors accused of tax avoidance are mounting a legal challenge to demands for upfront payment by HM Revenue & Customs.

An application for a judicial review of the use of “accelerated payment notices” by the tax authority has been made on behalf of people who invested in three partnerships promoted by Ingenious Media, according to documents seen by the Financial Times. They claim the notices are unreasonable and illegal....

This follow-up info was published on-line a few hours ago (10th February) ...

"Investors win right to challenge HMRC accelerated payment notices"

Investors win right to challenge HMRC accelerated payment notices

Relevent snippet:

UK film scheme investors issued with 'accelerated payment notices' (APNs) demanding payments of disputed tax upfront will be able to challenge the policy in the courts, according to Jason Collins, a tax disputes expert at Pinsent Masons, the law firm behind Out-Law.com

Over 100 participants in film partnership arrangements set up by Ingenious Media, an investment company, have been granted permission for a judicial review of the new policy from HM Revenue and Customs (HMRC), which came into force in July 2014, Collins said. Jason Collins said that the claim would be likely to be heard by the High Court in the early summer. The APNs would be suspended until the High Court gave its judgment, he said.

IMHO - Maybe we should employ Pinsent Masons to defend our various schemes ...

[Boobetty]

Apologies for repeating myself, but excellent news! Thanks for posting.

Edit: "According to HMRC, it has issued APNs worth over £1 billion since the new regime came into force."

£1 billion in APNs? Surely not!

[EBTContractor]

Maybe to companies that don't want the negative PR and have deep pockets to make it go away.

Apologies for repeating myself, but excellent news! Thanks for posting.

Edit: "According to HMRC, it has issued APNs worth over £1 billion since the new regime came into force."

£1 billion in APNs? Surely not!