HMRC consultation on penalties for scheme developers/marketers

[jamesbrown]

FYI, a couple of tomorrow's papers are reporting a new consultation on a penalty regime for scheme developers. About time IMO. No idea about the details.

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The consultation hasn't been posted yet but is due out tomorrow, according to the reports.

[cojak]

Good, it's about time that the Winchester IQ's and their ilk put their money where their mouths are.

[dezze]

HMRC consultation on penalties for scheme developers/marketers

On BBC Breakfast this morning also. Good if it stops a whole raft of new, misinformed people getting involved - I wonder though if this will make it more likely that those promoters that are still supporting users to fold?

[DonkeyRhubarb]

Pity it didn't occur to the morons 10 years ago.

[MrMarkyMark]

Good, it's about time that the Winchester IQ's and their ilk put their money where their mouths are.

It's funny..........through my family I actually met a couple who ran one of these schemes, a year and a half, or so, ago.

Initially, they tried to recruit me as a customer, they soon desisted after a fairly strong, informed, commentary from myself

Though they then readily admitted they were "now moving into other things"

[QCApproved]

Presumably it will be applied retrospectively

[eek]

Presumably it will be applied retrospectively

We can but hope. The devil is however in the detail and until we see the actual document we are speculating based on badly written articles (the telegraph one is awfully written and woolly)

[difficulttimes]

If anything this just hurts contractors even more as they will only be penalised if they are 'illegal' so these accountancy firm/scheme promoters response will be to force everyone to settle with HMRC so there is no court case as enquiries will be closed so no-one will ever know whether it was within the laws or not. What motivation will there for them to pursue HMRC through the courts to prove the scheme was legal etc? The fear that they could be fined from HMRC as they know contractors don't have the fighting funds to pursue them for costs afterwards.

Plus saying all that with HMRC's use of retrospective legislation is all academic anyway.

[DotasScandal]

If anything this just hurts contractors even more as they will only be penalised if they are 'illegal' so these accountancy firm/scheme promoters response will be to force everyone to settle with HMRC so there is no court case as enquiries will be closed so no-one will ever know whether it was within the laws or not. What motivation will there for them to pursue HMRC through the courts to prove the scheme was legal etc? The fear that they could be fined from HMRC as they know contractors don't have the fighting funds to pursue them for costs afterwards.

Plus saying all that with HMRC's use of retrospective legislation is all academic anyway.

That is a very, very important point.
Remember how APNs were introduced on the basis that "recipients are free to go to court and they will get their money back if they win"? A few optimists fell for it, but Dotas Scandal warned from day 1 that this was never to be.
HMRC *DO NOT* want to see the arrangements examined by the Judiciary.
We said that they would do everything to prevent this from happening, and lo and behold, here comes a salvo of measures whose only goal is to DISSUADE individuals and organisations to proceed with their court cases.
It is *vital* for HMRC that these cases never reach a tribunal because then

1/ it might be found that the schemes DO WORK
2/ HMRC's incompetence, complacency, and borderline complicity with the "industry" they created will be laid bare for all to see, and will be examined with a microscope.

There will be lots of "oh..."'s and "ah..."'s.

[DotasScandal]

Presumably it will be applied retrospectively