BIG GROUP

[webberg]

I understand why the above posts are discussing HMRC settlement but it's important to understand your options.

Big Group has an analysis that it believes in and which, if correct, will produce an answer very different from the settlement terms issued on 7th November. It will also deal with the loans.

HMRC has proposed a settlement which is essentially pay tax on all loans, plus interest, pay for closed years, have no certainty over IHT etc and will not deal with the loan.

You can choose to litigate and groups exist for that on certain schemes.

You can choose to bat back HMRC enquiries until one or other the above becomes inevitable.

The one thing you cannot do is bury your head in the sand.

[Iliketax]

With there still being a couple of Finance Bills to allow the rules to change, would that not suggest then there is no point in attempting any kind of settlement prior to these coming in to play ? Do you know when the last of these is scheduled for ?

I don't think that the big picture on the April 2019 loan charge is going to change. But that is just my view. If anything changes in relation to employees, it will be (i) to require more information to be given to HMRC for historic loans, and (ii) to plug any perceived loopholes. In my view, neither of these should stop you thinking about a settlement.

The next Finance Bill is due to be published on Friday week. Assuming that the current government stays in power, there will be one a year later. Obviously, there may be an election before then and so there would be opportunities for more Finance Bills. As an aside, if there were to be an election, you'd want to think about what the tax rate would be in April 2019 when you consider whether a settlement is worthwhile.

[jbeer]

There are not many of them around just yet. And if you find the right person and they agree that you don't have to pay tax on the closed years, well there's still a couple of Finance Bills to change the rules before April 2019.
.

With there still being a couple of Finance Bills to allow the rules to change, would that not suggest then there is no point in attempting any kind of settlement prior to these coming in to play ? Do you know when the last of these is scheduled for ?

[regron]

AML were a promoter, weren't they?

I once received a call and subsequent email from them.

Also, the company that promoted/sold the structure I used to me are still around and providing responses to HMRC letters.

Yes they were, I was with them also and yes, they are still around and providing responses to HMRC letters however, they are NOT interested in discussing settlement. Their sole purpose is defending their schemes via legal means. Please don't think for one minute they have your interests at heart over their own.

[WalterWhite]

I know of no promoter firm who are offering assistance with Settlement.

AML were a promoter, weren't they?

I once received a call and subsequent email from them.

Also, the company that promoted/sold the structure I used to me are still around and providing responses to HMRC letters.

[webberg]

Agreed there are some schemes still fighting. Though the majority have taken the money and gone.

Settlement can be very tricky, as per other threads. Worthwhile getting advice first.

For some it may even be worth fighting on.

Do not confuse promoters (who may "have taken the money and gone") with advisers and advisory groups.

Promoters were not in the main tax advisers. They were designers or purveyors of arrangements rather than somebody whose role is to make an objective assessment and inform the client of the pros and cons.

You may claim that some promoters and advisers were indistinguishable and acted in concert. That may be the case, but they should have acted within their instructions.

A promoter wants to sell something.

An adviser sells advice.

I know of no promoter firm who are offering assistance with Settlement.

Unfortunately in the UK, anybody can set themselves up as an accountant or tax adviser and there is no mechanism to ensure quality, integrity, independence.

If you go to an adviser who belongs to a Chartered body or a Certified body, you know that they adhere to a code and if they break it, you have recourse.

That said, in this area, being Chartered or not is not a guarantee that the individual knows much about the settlement nuances which, as demonstrated above, are hardly straightforward.

[PokemonStay]

I suspect that there are some advisers out there who might disagree?

AML seem to still in the fight and preparing for litigation.

We're aware of a case going ahead next year on a scheme, where the adviser has been around for a long time.

The TAA Group seems to be preparing for litigation.

There is a large group of users of a forex style arrangement that appear to be coherent and focussed.

Much as I would like to think BG is the only show in town, we are not in terms of coordination.

For those wishing to seek advice on settlement, any competent adviser should be able to do that. It's just that those of us who specialise in this area or who have an interest (academic or otherwise) have the advantage of not having to do several 10's of hours of research first.

Agreed there are some schemes still fighting. Though the majority have taken the money and gone.

Settlement can be very tricky, as per other threads. Worthwhile getting advice first.

For some it may even be worth fighting on.

[webberg]

Having been caught by HMRC they should do some research.

Is it better to settle(via BG) or fight via BG? Either way there is no other group around for loan schemes.

I suspect that there are some advisers out there who might disagree?

AML seem to still in the fight and preparing for litigation.

We're aware of a case going ahead next year on a scheme, where the adviser has been around for a long time.

The TAA Group seems to be preparing for litigation.

There is a large group of users of a forex style arrangement that appear to be coherent and focussed.

Much as I would like to think BG is the only show in town, we are not in terms of coordination.

For those wishing to seek advice on settlement, any competent adviser should be able to do that. It's just that those of us who specialise in this area or who have an interest (academic or otherwise) have the advantage of not having to do several 10's of hours of research first.

[PokemonStay]

Yes, Thats bad for his business and anyone else who is selling hope to desperate clueless individuals

Maybe the rest of use would like sharing information without suffering paranoia of conspiracy theories

Having been caught by HMRC they should do some research.

Is it better to settle(via BG) or fight via BG? Either way there is no other group around for loan schemes.

[Iliketax]

Just heard back from my tax advisor, he thinks you are an HMRC stooge.

He told me to stay away from internet forums

Other than being wrong, did he give you a view on the tax?

Just for the record: I don't work for HMRC, I have never worked for HMRC, I don't work with contractors and I'm not trying to get fees from anyone on here for any of this. I may also be wrong. But I'm not a stooge.