AML 2019 Loan Charge

[Mugglestv]

Speak to Phil Manley at DSW or WTT ( webberg who posts regularly here is Graham Webber of WTT ) is the usual advice. Do not look to AML/PST for help, they got you here and are likely looking to protect their own interests.

Your ballpark figure may be in the ballpark but there are too many variables for anyone to tell you here.

Thank you for your advice!

[dammit chloe]

Hi

I was with AML from 2012 to 2015. I worked for 6-9months year and did volunteer work for the rest of the year and travelled. I am currently over £60,000 in debit to family and friends.

The total from AML is £174,000. I have sold my house to pay my retired elderly parents and friends back some of the money I owe them.

How much do you think the settlement will be?
Will be it 35% of £174,000?

Is it best to settle and get AML/PST to help settle for me or should I approach HMRC?

Any advice will be much appreciated am quite stressed and at the end of my wits with all of this.

Speak to Phil Manley at DSW or WTT ( webberg who posts regularly here is Graham Webber of WTT ) is the usual advice. Do not look to AML/PST for help, they got you here and are likely looking to protect their own interests.

Your ballpark figure may be in the ballpark but there are too many variables for anyone to tell you here.

[Mugglestv]

Help need your advice

Hi

I was with AML from 2012 to 2015. I worked for 6-9months year and did volunteer work for the rest of the year and travelled. I am currently over £60,000 in debit to family and friends.

The total from AML is £174,000. I have sold my house to pay my retired elderly parents and friends back some of the money I owe them.

How much do you think the settlement will be?
Will be it 35% of £174,000?

Is it best to settle and get AML/PST to help settle for me or should I approach HMRC?

Any advice will be much appreciated am quite stressed and at the end of my wits with all of this.

[QUODM]

thanks for links

As far as I know AML took two cases to Court.

One was an attempt to have some years of enquiry removed from those being heard in FTT.
Addo v Revenue & Customs (PROCEDURE : Other) [2018] UKFTT 492 (TC) (03 September 2018)

The second:
Dickinson & Ors, R (on the application of) v HM Revenue & Customs [2017] EWHC 1705 (Admin) (07 July 2017)

was an attempt to reverse APNs issued in circumstances where HMRC had previously agreed to hold over the tax.

Thanks for links. Not quite the "AML lost the JR" cases I was expecting to read and like you say doesn't seem to get to the meat of the issue.
AML seem to be gone though. The people now working at PTS (with the same names) are however 'unconnected' with the original company....
AML wanted people to agree to HMRCs view of the tax position (just before they closed up shop) which I'd have thought surely cemented your fate here if you had done (in a different way to how the loan charge crushes you anyway).
Knox house are just the trustees who lent you money and have clearly nothing to do with any of this (sarcasm) so I think people are on their own here.

[Sunflowers]

Thanks...

Please delete if not allowed, but mine was something like this (albeit I havent had all the information I requested). Even email will start of the access request process. The fee is generally no more than 20 quid but some places will provide the information free of charge

Dear Sir or Madam
Subject access request
XXXXX
Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to: our dealings with regards to a Financial Package provided by you Company (A) and you the requestor (B)
• your personnel file;
• All emails between ‘A’ and ‘B’ (between xxx and xxx);
• copies of statements and payment made to A and B (between xxx & xxx)
• Any scheme number(s) reference(s) submitted to HMRC in relation to the above individual
• Any contracts entered into/signed between ‘A’ and ‘B’

If you need any more information from me, or a fee, please let me know as soon as possible.
It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk
Yours faithfully

Many thanks kentishlad
After numerous emails to AML, SmartPay and Knox House Trust with no luck; I was able to get a response from KHT in a couple of days using the above format.

[jhalinson]

Hi All

Wondering if anyone can help me. I was a contractor for 3 months in 2010 and due to the changes at the time didn't ever get a loan from my EBT (Newquay professional / Montpelier). Any thoughts as to what I should do now? The sum involved is about £10k.

Thanks

[webberg]

Hi,
I asked this before but I can't see any result where AML lost their JR with HMRC which was mentioned before in these forums. Can someone point me to the case if they know where it is? Did this really happen?
Thx

As far as I know AML took two cases to Court.

One was an attempt to have some years of enquiry removed from those being heard in FTT. These were opened by a discovery assessment and AML supported their client in trying to have the "discovery" rules invalid. I think it was a good try but unsuccessful for the reasons cited by the Judge.

Addo v Revenue & Customs (PROCEDURE : Other) [2018] UKFTT 492 (TC) (03 September 2018)

The second:
Dickinson & Ors, R (on the application of) v HM Revenue & Customs [2017] EWHC 1705 (Admin) (07 July 2017)

was an attempt to reverse APNs issued in circumstances where HMRC had previously agreed to hold over the tax.

The Judge was highly critical of HMRC and their actions but eventually had to concede that despite the manifest errors and bad practice and faith shown by HMRC, he was bound to follow the intentions of Parliament in permitting APNs and bad practice from HMRC in delivering that intention could not stop them being valid.

As far as I am aware AML continue discussions with HMRC (although these are now in the hands of the former tax team who have reformed as a separate company) and for all I know will be in Tribunal again soon to argue the substantive issues, now that these preliminary skirmishes are out of the way. I'm not connected with the former AML people nor the new tax team however and suggest that they would have more and better information.

[Dmac]

Not sure how much help this will be, but HMRC have answered a few questions: 2019 Loan Charge: HMRC answers your top complaints if you're a contractor

Thanks for this link - there is another one from today:-

2019 Loan Charge: HMRC answers ContractorUK readers' top complaints (part 2)

Think the articles would be useful as a "sticky" as they answer many of the questions people are asking

The articles are highlighted on the opening page of the Contractor UK website under Latest News, but most people probably use their own link direct to this forum, so miss the news pages.

[stibbok]

Not sure how much help this will be, but HMRC have answered a few questions: 2019 Loan Charge: HMRC answers your top complaints if you're a contractor

[QUODM]

Where is AML JR result?

Hi,
I asked this before but I can't see any result where AML lost their JR with HMRC which was mentioned before in these forums. Can someone point me to the case if they know where it is? Did this really happen?
Thx