Montpelier DTA scheme bulletin

[BrilloPad]

Just ignore the useless bunch of twats. I heard they charged one person 3 grand for their piece of toilet paper LOR.

+1

The montpelier approach was to delay the inevitable. By endless legal actions that had NO chance of success.

Not sure I quite agree with that. Up until the JR for the 2008 retrospective legislation they had a very good chance. The courts said that parliament can rule that black is white and white is black.

[PurpleTurtle]

I'm in the middle of taking Corrective Action in time for a 19/12 deadline, paying 6 years worth of APN's for the DTA scheme for 6 years (2003 to 2008 inclusive).

I've just been on the HMRC website and been horrified at the amount of interest they will charge (sadly I didn't have a CTD).

Has anyone settled such periods? What was the overall interest, as a percentage of the tax and NI?

[BrilloPad]

I'm in the middle of taking Corrective Action in time for a 19/12 deadline, paying 6 years worth of APN's for the DTA scheme for 6 years (2003 to 2008 inclusive).

I've just been on the HMRC website and been horrified at the amount of interest they will charge (sadly I didn't have a CTD).

Has anyone settled such periods? What was the overall interest, as a percentage of the tax and NI?

https://forums.contractoruk.com/acco...al-beyond.html

Accrued Interest Calculation

The following percentages are rough estimates as of December 2011 to be used as a guide only. Currently, interest* is accruing at 3% p.a.

Tax Year...........%
2001/2.............54
2002/3.............47
2003/4.............41
2004/5.............34
2005/6.............27
2006/7.............20
2007/8.............12

* HMRC charge bank base + 2.5%

------------------------
Remember interest is simple rather than accrued. So I think current rates are: -

Tax Year...........%
2001/2.............69
2002/3.............65
2003/4.............59
2004/5.............52
2005/6.............45
2006/7.............38
2007/8.............30

[DealorNoDeal]

If you've taken Corrective Action and paid NICs

You've been robbed by HMRC.

HMRC have now admitted that the NICs can't be collected due to the 1980 limitation act.

Write to them and demand the return of the money + interest.

[ChimpMaster]

You've been robbed by HMRC.

HMRC have now admitted that the NICs can't be collected due to the 1980 limitation act.

Write to them and demand the return of the money + interest.

Does this affect all schemes and even the 2019LC?

[BrilloPad]

Does this affect all schemes and even the 2019LC?

Yes it affects all schemes. However I believe statue of limitation is 6 years.

[ns1]

You've been robbed by HMRC.

HMRC have now admitted that the NICs can't be collected due to the 1980 limitation act.

Write to them and demand the return of the money + interest.

Thanks, I'll be doing just that.

What's even more galling is one of the grounds in my representation was the limitation act but HMRC rejected that.

[Broke]

You've been robbed by HMRC.

HMRC have now admitted that the NICs can't be collected due to the 1980 limitation act.

Write to them and demand the return of the money + interest.

Sorry DealorNoDeal, do you have a link to something where we can see HMRC's admission ?

[DealorNoDeal]

Sorry DealorNoDeal, do you have a link to something where we can see HMRC's admission ?

They haven't put anything out in public.

When I heard about it, I phoned the Solicitor's Office, who rejected my representation, and they confirmed that they're too late to collect NICs for 2009/10 and earlier.

[BrilloPad]

HMRC went by the rulebook. Except they removed the first bit which said it was statute barred!

Even now HMRC are being duplicitous. In some cases they are sending a refund cheque - no accompanying letter. In other cases they are insisting you have to quote "NICS/LA1980" to get a refund!

This is being reported to MPs as yet another example as to how HMRC misuse their powers. However that is not all.

A friend of mine (a criminal lawyer - actually studied Law alongside my brother at Cambridge) thinks HMRC responsible senior management and their individual officers (those who signed off theFN/APNS and the LoR rejection letters) are liable for criminal prosecution for knowingly enforcing an unenforceable debt on individual taxpayers......his comments not mine.