Overdrawn Capital Account Scheme (Aston Mae / Glen Mae / Procorre)

[Smurfburger]

Smurfburger - did Glen May reissue your letter with the coverage dates on it?
I assume they told you it covers 12/13, 13/14, 14/15 & 15/16?


Getting back on track; if we keep declaring the Profit Share figures on our tax returns, and paying the associated tax, surely that satisfies HMRC in regards to contested monies owed = PROBLEM GONE!

I contacted Glen May to ask the period covered and they replied to say it was up to April 2016. The letter does not state it. However, it will all be declared against the 2017/2018 tax year anyway.

I am hopeful that declaring the profits will address some of the enquiries into these years. HMRC might contest the figures but at least tax is being paid, which is what has been missing previously.

[Smurfburger]

Glen May LLP Profit Share Letters

That all hinges on the idea that it's entirely plausible to declare 'profits' 5-6 years after the fact, which if it was the case, HMRC would surely not have sent enquiry letters and raised discovery assessments retrospectively for the period in question. Plus, you could say it's more advantageous paying tax within your unused income bands at lower levels in the case of a DA/CLSO2, than it is having arbitrary profit allocations dumped on you when the LLP feels like it.

And of course, does the LLP still exist? Are you still a member? Which casts even more doubt on things.

It is plausible to defer declaration of profit share. However, a new legislation, with effect from April 2019, prevents the deferral of profit share. It also dictates that any outstanding years have to be declared. I suspect that is why Glen May has grouped multiple years together in this penultimate letter.

[TroyT]

That all hinges on the idea that it's entirely plausible to declare 'profits' 5-6 years after the fact, which if it was the case, HMRC would surely not have sent enquiry letters and raised discovery assessments retrospectively for the period in question. Plus, you could say it's more advantageous paying tax within your unused income bands at lower levels in the case of a DA/CLSO2, than it is having arbitrary profit allocations dumped on you when the LLP feels like it.

And of course, does the LLP still exist? Are you still a member? Which casts even more doubt on things.

So that’s a solid “maybe” then (in your opinion)
Just another grey area. That’s unusual for tax.

In saying that, it still seems plausible...and defendable (in my opinion).

I’m stuggling to figure out your stance:

Are you thinking; don’t declare the Profit Share figures and subsequently, don’t pay any additional tax in the hope/belief that it will all go away?

Or, declare the Profit Share and pay the tax on it?

Or are you leaning towards; just pay whatever tax figure HMRC decide is the outstanding amount?

[nucastle]

Smurfburger - did Glen May reissue your letter with the coverage dates on it?
I assume they told you it covers 12/13, 13/14, 14/15 & 15/16?


Getting back on track; if we keep declaring the Profit Share figures on our tax returns, and paying the associated tax, surely that satisfies HMRC in regards to contested monies owed = PROBLEM GONE!

That all hinges on the idea that it's entirely plausible to declare 'profits' 5-6 years after the fact, which if it was the case, HMRC would surely not have sent enquiry letters and raised discovery assessments retrospectively for the period in question. Plus, you could say it's more advantageous paying tax within your unused income bands at lower levels in the case of a DA/CLSO2, than it is having arbitrary profit allocations dumped on you when the LLP feels like it.

And of course, does the LLP still exist? Are you still a member? Which casts even more doubt on things.

[TroyT]

Profit Share Period

I have just had an email from Glen May stating that latest letters relate to the period up to April 2016.

Smurfburger - did Glen May reissue your letter with the coverage dates on it?
I assume they told you it covers 12/13, 13/14, 14/15 & 15/16?


Getting back on track; if we keep declaring the Profit Share figures on our tax returns, and paying the associated tax, surely that satisfies HMRC in regards to contested monies owed = PROBLEM GONE!

[dog]

No-one from Procorre is replying to this forum. You don't know if they are reading it or not.

Yes, I don't know if procorre are reading this or not. I was being naive that organisations care about what people say of them. Guess procorre don't care.

[cojak]

How about asking someone at Procorre for their opinion on all of this? They say they are knowledgeable on these structures .. {it amazes me that no one from Procorre is reading this forum}

No-one from Procorre is replying to this forum. You don't know if they are reading it or not.

[nucastle]

I would say that would be a helpful factor, especially if it ever gets to the FTT. One of the phrases I like is "viewed realistically" and I certainly would be making very clear that, viewed realistically, I was not carrying on a trade as a self-employed person.

It sounds helpful, but the spectre of the loan charge and the settlement deadlines are making it hard to play the long game on this one.

[dog]

How about asking someone at Procorre for their opinion on all of this? They say they are knowledgeable on these structures .. {it amazes me that no one from Procorre is reading this forum}

Procorre recommend these structures. They really ought to have a plan for April 2019 [do they?]

[Iliketax]

I would have said that not being able to get a copy of the partnership deeds, a set of partnership accounts at any given time, having any actual influence or anything even vaguely 'partner' related were fairly opaque

Whether this when presented to HMRC in the proper way, has any weight behind it of course, is the million dollar question.

I would say that would be a helpful factor, especially if it ever gets to the FTT. One of the phrases I like is "viewed realistically" and I certainly would be making very clear that, viewed realistically, I was not carrying on a trade as a self-employed person.