HMRC in outflanking move

[webberg]

I think HMRC are just desperate to be seen to be covering all bases given the hammering they've taken over "allowing" some members of tax avoidance schemes to escape tax because of poor administration.

Remember that HMRC is an administrator, not a source of the judgement in tax, and therefore an administrative cock up hurts them more than getting the analysis wrong.

If you were not in a scheme for the earlier year, then just tell them.

[thebear14]

Just waiting on a response from my accountant whether querying back why it's required will be sufficient giving my perm status or as per the letter, actually having to complete the assessment

[njwilli3]

Is this the case whether your DOTAS or NON-DOTAS?

[webberg]

Is this the case whether your DOTAS or NON-DOTAS?

Is what the case?

The use of a 28C determination is agnostic so far as DOTAS/non DOTAS is concerned. Equally the request for a tax return is valid whether or not the scheme is DOTAS or otherwise.

[njwilli3]

Is what the case?

The use of a 28C determination is agnostic so far as DOTAS/non DOTAS is concerned. Equally the request for a tax return is valid whether or not the scheme is DOTAS or otherwise.

Apologies - I mean't the issue of an APN after you submit the SA. Can they still issue an APN if your scheme was Non-Dotas?

I get the determination will apply regardless, but then it sounds like a determination is pretty much the same as an APN?

[meanttobeworking]

I am in what I think is a new category. I was in a scheme 09/10, but haven't used one since. I have done SA's every year since, but they've now sent me this letter saying they think I was in a scheme 11/12 and want to do a compliance check. Any ideas what proof they'll accept that I wasn't in a scheme? Or can I just tell them to prove it, based on that fact it's 100% impossible to prove as I didn't use one.

They're really starting to wind me up now!

[regron]

If you definitely wasn't in a scheme that year then you must have been PAYE or LTD right? Either way, easy enough to prove.
However, if it was me, I would string them along for as long as possible and waste their time and resource. It seems to be the only weapon we all have in the current climate.