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Sympathy for the Devil

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    Originally posted by CanPayButWouldRatherNot View Post
    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 invalid
    Yes, 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.

    Comment


      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.

      Comment


        Originally posted by phil@dswtres View Post
        Yes, 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.
        Phil,
        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

        Comment


          Originally posted by CanPayButWouldRatherNot View Post
          Phil,
          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
          Ill PM you my email address (and link to website so you can see who we are)

          Phil

          Comment


            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?

            Comment


              Originally posted by phil@dswtres View Post
              Ill PM you my email address (and link to website so you can see who we are)

              Phil
              Phil would you be able to pm the same details also please. Tried pm ing you but for some reason its now allowing it.
              Last edited by ric_77; 9 February 2018, 13:41. Reason: error

              Comment


                Originally posted by ric_77 View Post
                Phil would you be able to pm the same details also please. Tried pm ing you but for some reason its now allowing it.
                Done, ta

                Comment


                  Originally posted by bandemelbs View Post
                  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?
                  Anyone???

                  Comment


                    Originally posted by bandemelbs View Post
                    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?
                    Does this answer your question?

                    https://forums.contractoruk.com/hmrc...-employee.html

                    Comment


                      I receive quite a few calls a day asking the same questions (which is fine as always happy to chat) but to assist I figured i'd answer a few of the most basic ones here:

                      1. Do I believe taking settlement will mean the LC does not apply?
                      Yes, 100%. Its not even in question as far as I'm concerned.

                      2. Can I negotiate the amount owed to HMRC?
                      No, other than when the calculations/dates used are incorrect (for example - interest incorrectly applied) or estimates have been used which we can disprove.

                      3. Do I think people should settle?
                      I don't have an opinion as quite frankly, its not my money. I see my role as an advisor to be to clarify the options available and show the outcome for each. Only the individual can make the final decision. I know what i'd do but again, that's somewhat irrelevant. As i've said to a number of people who have called, if for any reason you are unsure or want to believe that other options may arise, I actually think there's no harm in waiting. You have time yet before you need to register interest in settling (or not).

                      4.How long will settlement take?
                      Shouldn't take any time at all but out of my/your hands to an extent as dependent upon HMRC supplying the required details. I suspect it may slow down a bit towards the deadline.

                      5.Do I consider the LC to be retrospective tax?
                      Tbh i try to avoid controversial questions (for an advisor) which don't especially help move matters forward for anyone, but what i will say is that if a tax is charged on a historic year's income earned (from before the legislation was introduced) and where potentially no enquiry exists for that year and the enquiry window long since closed, then its very difficult to state that such a charge is anything other than retrospective.
                      HMRC would state that its not retrospective as people can choose to repay the loan and therefore no LC will arise.
                      I suspect that if I asked 100 people to choose which side of the argument they felt was correct, it wouldn't be a very close call.

                      Comment

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