AML 2019 Loan Charge

[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

[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.

[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.

[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.

[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]

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!

[kop101]

hi there i too am based in dublin and moved back 3 years agao. i have something like 45k in loans paid to me and am freaking out about what to do. can you advise who you have used or what your latest status is regarding this.

[demby]

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


If paying the loan charge it'll be more like 45%

[dammit chloe]

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


If paying the loan charge it'll be more like 45%

Depends on tax allowance/usage distribution over your years.

A bit of work with UK Salary Tax Calculator 2018/2019: Calculate my take home pay and your earnings will help.

[webberg]

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


If paying the loan charge it'll be more like 45%

Settlement is based on adding the loans to income in the year they were drawn. After personal (and other) allowances, the tax bands for this years determine the tax due.

Therefore "35%" is unlikely to be the value.

Loan charge works by adding the loans impacted to the 18/19 income. Again, personal allowances and tax rate bands apply. Again, 45% on the total is unlikely.

Lots of calculators around to help you on this.

Just be aware that many think the settlement/loan charge is a flat rate charge - it's very definitely not.