Ingenious film tax scheme investors win appeal right against HMRC - 02 Dec 2015 - Accountancy Age
Seems like Mr Worral and Mr Rowe will get another chance to argue the point.
Aside from the "natural justice" point, it looks like much is being made on the PARTNER payment notice process which is specific to those who used a partnership.
No details yet on when this might happen.
I wish them luck and I hope that if they win, then the grounds can be applied elsewhere.
I am as previously mentioned though, not a believer that the APN process can be stopped. Slowed certainly but not stopped.
I also worry that no Judge has said that HMRC cannot charge a penalty from the ORIGINAL due date even where the matter remains sub judice.
The equation is therefore that a member of a JR challenge pays legal fees to join, perhaps more if there is a hearing and perhaps more if an appeal is needed. They also face a penalty of up to 15% if they eventually lose. They will also have to pay the APN if they lose.
Obviously I can understand the risk/reward equation will be swayed by a number of subjective factors of which I will never be aware. However just be aware that starting a legal action can be an open ended financial commitment.
I hope I'm wrong here.
My fear though is that a crushing loss for the Government here will be met with revised rules and the reissue of demands.
Seems like Mr Worral and Mr Rowe will get another chance to argue the point.
Aside from the "natural justice" point, it looks like much is being made on the PARTNER payment notice process which is specific to those who used a partnership.
No details yet on when this might happen.
I wish them luck and I hope that if they win, then the grounds can be applied elsewhere.
I am as previously mentioned though, not a believer that the APN process can be stopped. Slowed certainly but not stopped.
I also worry that no Judge has said that HMRC cannot charge a penalty from the ORIGINAL due date even where the matter remains sub judice.
The equation is therefore that a member of a JR challenge pays legal fees to join, perhaps more if there is a hearing and perhaps more if an appeal is needed. They also face a penalty of up to 15% if they eventually lose. They will also have to pay the APN if they lose.
Obviously I can understand the risk/reward equation will be swayed by a number of subjective factors of which I will never be aware. However just be aware that starting a legal action can be an open ended financial commitment.
I hope I'm wrong here.
My fear though is that a crushing loss for the Government here will be met with revised rules and the reissue of demands.
