HMRC Notice of Assessment APSE Consulting Ltd

[WTFH]

That will be interesting...

It’s started. CoHo now say:

Thank you for your further email. I think I will write to the companies to try and shed some light on the names. There is nothing on the web, either. Very odd.

[farrington]

Feel free to DM me

maybe i am being silly but i cant seem to work out how to!
are you able to message me privately so i can make contact?

[WalterWhite]

Is there somebody here who i can speak / dm with to get advice on this
i have followed the instruction and guidance of MW solutions for sometime now and am starting to think i need to begin dialogue with HMRC

Feel free to DM me

[farrington]

Is there somebody here who i can speak / dm with to get advice on this
i have followed the instruction and guidance of MW solutions for sometime now and am starting to think i need to begin dialogue with HMRC

[Iter]

The important factor apparently, was that it was a discretionary loan to the beneficiary. Which is also documented. I think the main difference in the Rangers case were the players had guaranteed loans? Not sure if this would stand up though if regular / same amounts were made?

[WTFH]

That will be interesting...

I guess if we can't get the scheme organisers for their schemes, if we can get them for having duff information at CoHo, it's a start.

[Iliketax]

Well, after 3 emails to them,

That will be interesting...

[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

[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.

[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....