Originally posted by phil@dswtres
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Sympathy for the Devil
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Apologies if this question is buried somewhere in this thread. Will there not be an onus on HMRC to prove that they have attempted to collect whatever tax they believe is owing from Employers (as per the Rangers case) before they start pursuing individuals / contractors? If so, how is this likely to work in reality?Leave a comment:
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Originally posted by CanPayButWouldRatherNot View PostPhil,
Thanks for confirmation that the FNs/APNs/LoR rejection letters are all deemed to be legal documents. Is there any regulation that I can use to support that claim?
Given you stated that errors within those documents might render them invalid can I PM or email your work email address?
Regards
CPBWRN
PhilLeave a comment:
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Originally posted by phil@dswtres View PostYes, as it happens my last post at HMRC was leading that team which produced the rejection letters. I can confirm errors can and indeed have meant that they were rendered invalid. Obv it depends on the error.
Thanks for confirmation that the FNs/APNs/LoR rejection letters are all deemed to be legal documents. Is there any regulation that I can use to support that claim?
Given you stated that errors within those documents might render them invalid can I PM or email your work email address?
Regards
CPBWRNLeave a comment:
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US Based 2019 Loan Charge
I live in the US and have done so for 5 years, and am a perm resident here.
I contracted through Bedouin for 1 year in 2008/2009 and 2009/2010 (spanning both tax years).
I have a very small UK income from a property I own, which actually translates to a loss for tax purposes. This has built year on year and I have been told should I ever move back to the US this amount would reduce my tax bill on earnings in my first year.
How will the 2019 loan charge affect me? With zero income, will the first X GBP just burn my personal allowance?
Are they going to tax me as a resident but not give me a personal allowance as one?
My amount owed is small, around 10k GBP, and easily payable, I just feel all of this is morally wrong. I already have 6k GBP set aside as a Certificate of Deposit to stop the interest rising too much.Leave a comment:
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Originally posted by CanPayButWouldRatherNot View PostPhil et al ...
Can you confirm if an FN, APN and subsequent LoR rejection letter from HMRC Solicitors Office are classified as legal documents.
If so then can you confirm if errors on any of those documents could render them invalidLeave a comment:
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Question for ex-HMRC folks
Phil et al ...
Can you confirm if an FN, APN and subsequent LoR rejection letter from HMRC Solicitors Office are classified as legal documents.
If so then can you confirm if errors on any of those documents could render them invalidLeave a comment:
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Originally posted by phil@dswtres View PostHi, There was not tbh, but my thoughts are that if you sign the settlement then any future decision is irrelevant.
Thanks for the response.
I wonder how confident HMRC are in the 2019 legilsation if they won't allow refunds if it is challenged somehow? It wouldn't be much risk to add a clause if it's the supposed dead cert for them. Very odd, maybe they aren't as certain as they want us to think.
The settlement terms presumably state which legislation HMRC would use to tax me if I didn't settle, so can that legislation be challenged in future?
The last letters I had from HMRC mentioned transfer of assets aboard so presumably HMRC settlement terms outline their arguments on how it applies?
Do the settlement terms say I'll never be liable for future tax under any circumstance?
Saying I'm not liable for the 2019 legislation specifically isn't covering everything as they could introduce another retrospective tax in 2020 to grab some more. I've effectively admitted to them I'm a tax avoider and there open to any future retrospective taxes they can think of.
The original 2015 settlement opportunity has fallen foul of this where some people settled and could now be liable for the 2019 legislation in some years.
What's in the settlement terms to stop them doing this again?Leave a comment:
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Originally posted by Invisiblehand View PostSo in essence you're not taking the CLSO2 settlement and seeking to argue against certain aspects of its conclusions and with weight of numbers comes a better chance of being listened to?
Again.
The CLSO is outside statute and does not comply with either the law or the Supreme Court decision. It is a concession offered by HMRC. There is consequently nothing to argue against. I could knock myself out trying to persuade HMRC to try to make the CLSO terms even vaguely compliant but it would be a waste if time. They have set out their stall and they're asking you to pay them based on an analysis that cannot be supported in law or Court. They are stubbornly clinging to their position because they know that the alternative (litigate or some other resolution) is hard yards. They know that some people have been fighting this for a decade and are tired and depressed. They know that they have caused a lot of this but they just don't care except to the extent that they want their political masters not to realise it. If this remains deniable at MP level, HMRC is protected.
So we do not "argue against" the CLSO terms because it's a pointless argument.
We have a different plan based on law and Court decisions.Leave a comment:
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Originally posted by Loan Ranger View PostI heard of one person, who took corrective action 9 months ago, recently getting the NICs back.
It's definitely worth writing and demanding it back.
PS - I didn't receive a PM(?)Leave a comment:
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