HMRC Notice of Assessment APSE Consulting Ltd

[swathingmold]

Thanks a lot for your reply.

It does make sense to register but then they are going to ask for all the details by Aug / Sept 2018, I know they already know what we have contributed to trust from the company return so nothing is hidden from them.

But what if JDQ stops responding to their queries?

Are you also stuck in this? I curse myself every day for the decision of using the trust.

Can I be in touch with you or any person who is in the same boat just to get some peace... and calm myself down.

Thanks a lot.

Unfortunately you are behind the curve here. JDQ are protecting themselves - they tell you the 2019 LC doesn't apply BUT can not back that up and HMRC will certainly apply the 2019 LC. You should register for CLSO2 to keep your options open (it isn't admitting anything - HMRC have you in their sights anyway).

[WTFH]

Hi,

I have just seen this thread and JDQ is replying for me as well as there is an investigation going on.

Obviously I am very worried.

Just to summarize the events so far - first I got a letter of intention of an inquiry and then it all started.

Then HMRC asked for various information, JDQ replied for some by providing answers but for other they claimed it's not relevant. After couple of more self assessment team sent me the bill to pay for the tax / NI due which JDQ said not to pay and appeal, which I did.

Now HMRC again asked to provide all documents saying they will decide whats needed and whats not and reply is pending by Aug 2018.

What is happening with others? Has anyone else crossed all of that? So far JDQ is been helpful but will they continue to be?

Also I saw a post mentioning CLSO2, which has an end date of 31st May, by showing interest don't we sort of admit that we were doing something wrong and want to get it right instead of fighting (with help of JDQ) to say we haven't done anything wrong.

Thanks

JDQ?
JDQ? Would that be the company that used to be run by Colin Quirk until March this year? Who is/was also involved in:

JDQ MOTORSPORT LTD (09988784)
Nationality: Manx
Country of residence: Isle Of Man

MAJESTIC FINANCIAL SERVICES LIMITED (07451880)
Nationality: Manx
Country of residence: Isle Of Man

POGO LOANS LIMITED (09401138)
Nationality: Manx
Country of residence: Isle Of Man

FIRE CAPITAL LIMITED (08369627)
Nationality: British
Country of residence: England

MW TECHNICAL MANAGEMENT LIMITED (08273607)
Nationality: Manx
Country of residence: Isle Of Man

MW BACKOFFICE SOLUTIONS LIMITED (08273564)
Nationality: Manx
Country of residence: Isle Of Man

MW GLOBAL LIMITED (08273573)
Nationality: Manx
Country of residence: Isle Of Man

MW RESOURCES LIMITED (08273533)
Nationality: Manx
Country of residence: Isle Of Man

MW CLERICAL LIMITED (08273541)
Nationality: Manx
Country of residence: Isle Of Man

VIA TRADE CONSULTANTS LTD (08009223)
Nationality: Manx
Country of residence: Isle Of Man

LATIN LIMITED (08273804)
Nationality: Manx
Country of residence: Isle Of Man

KIRN MANAGEMENT LIMITED (08222552)
Nationality: Manx
Country of residence: Isle Of Man

JDQ CONSULTANCY UK LTD (08203745)
Nationality: British
Country of residence: England

MW SOLUTIONS LIMITED (SC346322)
Nationality: Manx
Country of residence: Isle Of Man

IMAJEN LIMITED (09500254)
Nationality: Manx
Country of residence: Isle Of Man

VANTA NOIR GLOBAL LIMITED (08203730)
Nationality: Manx
Country of residence: Isle Of Man

APS TECHNICAL LIMITED (07541026)
Nationality: British
Country of residence: Isle Of Man

APS ENTERPRISE LIMITED (06134874)
Nationality: British
Country of residence: Isle Of Man

APSE CONSULTING LTD (06735100)
Nationality: British
Country of residence: Isle Of Man

TAYLOR MADE CONSULTING LIMITED (05923883)
Nationality: British
Country of residence: Isle Of Man

...the JDQ who are now run by Portfolio Admin Services Limited, whose name also crops up for MW Solutions Limited, but who don't seem to exist as anything else. hmmm.

[Iliketax]

...the JDQ who are now run by Portfolio Admin Services Limited, whose name also crops up for MW Solutions Limited, but who don't seem to exist as anything else. hmmm.

With only one director, it's almost like they forget s155 CA 2006:

155 Companies required to have at least one director who is a natural person
(1) A company must have at least one director who is a natural person.

I wonder what Companies House would say if someone was bothered enough to mention it to them?

[WTFH]

With only one director, it's almost like they forget s155 CA 2006:



I wonder what Companies House would say if someone was bothered enough to mention it to them?

I'll let you do that, it took me long enough to pull the list together!

[Delendog]

I'll let you do that, it took me long enough to pull the list together!

They went for voluntary liquidation with at least APSE in Nov 2016 - but the tax man got in with a £33.7 million claim!

[Iter]

Would it be safe to say we can’t rely on any of these promotors or their legal teams arguments? I don’t hold out much hope anymore.
Ultimately are we just sitting ducks waiting for the inevitable to happen and if we wait too long our position will prob be worse. Ie LC2019

Doesn’t help that the contacts I also speak to don’t seem to hang around for too long either!

[cojak]

Yes, it would be safe to say that.

[Iter]

If the trust scheme was being used while I was ltd could you not argue that any loan payments should be taxed as Corporation tax rather than paye? Surely they can’t dictate how you would have accountant for all income, the loans effectively just reduced any profit and CT due....

[webberg]

If the trust scheme was being used while I was ltd could you not argue that any loan payments should be taxed as Corporation tax rather than paye? Surely they can’t dictate how you would have accountant for all income, the loans effectively just reduced any profit and CT due....

Unfortunately having your own limited in the chain actually makes the situation worse and more difficult to defend.

The flow of funds was end client > intermediary > your Own Co > promoter.

Separately the promoter made a loan to YOU.

So ask yourself.

Why did your Own Co pay the promoter?

I know that the claim from those selling this type of product is that the Own Co is "entitled" to pay a contribution to a trust for the benefit of current, past and future employees. I also know that the claim is that such an arrangement is outside the disguised remuneration rules because there is no earmarking of funds for any particular individual.

There is a line of cases on EBTs which would say this is incorrect.

The test will come if one of the purveyors of such a scheme actually get into Tribunal and argue and win. If this happens, it might be 5+ years away.

Why did the promoter lend you money? And why just you and nobody else? And why always the same percentage of the gross?

Armed with answers to the above, look at the Rangers case.

[WTFH]

With only one director, it's almost like they forget s155 CA 2006:

I wonder what Companies House would say if someone was bothered enough to mention it to them?

Well, after 3 emails to them,

Dear Sir


Thank you for your email.

I can confirm it has been passed to Mr xxxxx in the Breaches Team and a response will be sent to you as soon as possible.

Yours faithfully

Xxx xxxxx

Case Manager, Breaches Team