Montpelier DTA scheme bulletin

[BrilloPad]

Ive been hit regarding the Motpelier scheme with a demand for unpaid Tax and NI for year 2003 / 2004 by HMRC over the past 4 weeks

To add to that another letter came from HMRC asking for a huge sum in interest !!!

I contacted HMRC and spoke about NICS/LA1980 and the Limitation act of 2008 but they claim that it does not apply.

It appears to be near impossible to get some solid advice out there on what to do about this.

The interest was shocking.

Ive tried to talk to WTT to get some advice but it is near impossible to get anyone to talk to.

The interest should be about 63%. See this post here - https://www.contractoruk.com/forums/...ml#post2097465 - then add on 3% a year for last 4 years.

Montpelier lost their Huitson case. There is talk it may not all be over. I believe it is all over - others disagree.

[BolshieBastard]

Ive been hit regarding the Motpelier scheme with a demand for unpaid Tax and NI for year 2003 / 2004 by HMRC over the past 4 weeks

To add to that another letter came from HMRC asking for a huge sum in interest !!!

I contacted HMRC and spoke about NICS/LA1980 and the Limitation act of 2008 but they claim that it does not apply.

It appears to be near impossible to get some solid advice out there on what to do about this.

The interest was shocking.

Ive tried to talk to WTT to get some advice but it is near impossible to get anyone to talk to.

Sadly, there's very little you can do if Huitson was your only grounds for appeal. MP stuffed up their appeal so the FTT decision on that became final. Gittin said he would bring a new appeal forward but with his companies now effectively being run by administrators, I wouldnt hold out much hope.

Realistically, your only option now is to negotiate with HMRC. First to restate the point about LA1980 and NICs, although they may use where you live as a basis that LA1980 never applied in your circumstances. This is backed up by a court judgement in their favour on this point.

Second, if you held a CTD (certificate of tax deposit) for all or part of the period in dispute, they may not be aware of this. The CTD would negate the interest in part or whole. You would need to make HMRC aware you hold this.

Third, you or your representative should negotiate with HMRC to get a TTP (Time to pay) what you owe.

Finally, if you have no CTD and cannot negotiate a TTP and the amount owed is beyond your means, you should consider contacting an insolvency practitioner and filing for bankruptcy.

[webberg]

Ive tried to talk to WTT to get some advice but it is near impossible to get anyone to talk to.

I would have to say that this is inaccurate.

PM me with a phone number and I'll call you.

[outofthesand]

plan of action

Thanks for all the advice. To clarify, their initial letter (back in 2010) did ask for NI as well. The amount they demanded I paid up, 2014 ish, was less than this - no calcs or reasons why, just a demand that i pay a certain amount by a certain date. I assume this was more related to them not wanting the debt to fester, and was the only the income tax, and not NI or interest. At no point have they actually said they are waiving the NI.

My final appeal is predicated on claiming their letter confirming my balance is zero (zero in terms of me paying up the value they demanded, probably 'on account' - which isn't the real full amount owed) is legally binding. It's feeble I know, so unless i get lucky (which i won't, there is no luck in this game), the appeal will at least buy me a little more time (which was also a key aim). The result of the appeal should be known in about 2-3 months.

Despite i actually could now pay up in full (at last, thank the lord!) I'm going to wait for results of appeal process. Meanwhile thank you for the interest calculations supplied, the 2 links. I can work with this and come up with approximation for sense checking their calcs.

.. Anything useful comes out of the appeal process, which could help others, i will surely share !

Cheers,
Out-of-the-sand.

[Inthedark]

Montpellier

The interest should be about 63%. See this post here - https://www.contractoruk.com/forums/...ml#post2097465 - then add on 3% a year for last 4 years.

Montpelier lost their Huitson case. There is talk it may not all be over. I believe it is all over - others disagree.

BrilloPad how can I get in touch with you to discuss EWG issues.??

[BrilloPad]

BrilloPad how can I get in touch with you to discuss EWG issues.??

I have requested you be given PM rights.

[BrilloPad]

BrilloPad how can I get in touch with you to discuss EWG issues.??

Sadly upgrading your account seems to take forever - bring back MF as mod!

Try making several rubbish posts in general or light relief. Isn't that what the counting thread is for?

I think you need 6 or 10 posts to get your account upgraded?

Its what all normal posters do with their sockie accounts....

[Beaver Programming]

1. Mine came as a separate letter after interest was already paid.
2. Yes, see my last post. I appealled and HMRC told me the surcharges were applied in error. I've subsequently had this in writing from them too.

Evening folks
Long time member - even longer member of the Montpelier DTA scheme, but first time poster
Up to a few months ago I had been flip-flopping between head in the sand, ignore it and it might go away and waking up in a sweat sheer panic, neither of which did any good as I finally received APNs a few months ago.
Based on the info posted here, it seemed the game was up so I paid what I could and agreed a Time To Pay agreement with Her Majesty's finest.
That was about a month ago, and I thought that was the end of it....
...until the end of last week when I received SA 'Late Payment Surcharge Notices' - one for each year I was in the scheme. This, I wasn't expecting and I've spent the weekend worried sick about them and only this evening plucked up courage to look here for advice.

I found some which suggested the only thing to do was pay up, then I found this post which filled me with hope, but not too much as I've had hopes dashed so many times before.

I notice this post is several years old, so I wonder if anyone has had recent experience of receiving late payment surcharge notices after agreeing to pay, and what they did with them ?

[Fred Bloggs]

Evening folks
Long time member - even longer member of the Montpelier DTA scheme, but first time poster
Up to a few months ago I had been flip-flopping between head in the sand, ignore it and it might go away and waking up in a sweat sheer panic, neither of which did any good as I finally received APNs a few months ago.
Based on the info posted here, it seemed the game was up so I paid what I could and agreed a Time To Pay agreement with Her Majesty's finest.
That was about a month ago, and I thought that was the end of it....
...until the end of last week when I received SA 'Late Payment Surcharge Notices' - one for each year I was in the scheme. This, I wasn't expecting and I've spent the weekend worried sick about them and only this evening plucked up courage to look here for advice.

I found some which suggested the only thing to do was pay up, then I found this post which filled me with hope, but not too much as I've had hopes dashed so many times before.

I notice this post is several years old, so I wonder if anyone has had recent experience of receiving late payment surcharge notices after agreeing to pay, and what they did with them ?

I think you need proper and upto date advice from a trustworthy professional. The only people I can think of are WTT who can found from Google. The first call is free, I believe. Good luck.

[Beaver Programming]

Thanks - WTT were one of the people I spoke to when I decided to pay up. Very helpful but I decided to go with another outfit instead as my case seemed straightforward with little hope on any kind of appeal being succesful so I just wanted someone to deal with the correspondence, which they did.
I'll be talking to the outfit I'm with again to see if this is covered in the work we agreed (what's the betting it isn't?) but will probably end up talking direct to HMRC and would have liked to go into that conversation armed with some recent evidence from someone in the same boat.
If anyone has been issued with surcharges after they've agreed to pay I'd love to hear what happened.