Settling - money gone for ever even if retrospective tax ruling overturned ?

[DOT COM]

Hi all,
Im in process of settling.
Its my understanding that if i pay that money to HMRC and it is then the case that there will be no chance of retrieving the paid money IF the retrospective tax ruling is subsequently reversed in the future ?

[GreenMirror]

Whether you pay HMRC or not is effectively irrelevant e.g. you might be required to pay an APN. Then your case is still open.

If you settle your case then it is almost certainly over. I have read about cases where the case is settled then a later ruling overturns the original case. I have never seen an actual case and everyone says it is very difficult.

When you say "ruling" do you mean the court ruling or the act of parliament that ruling is on?

[phil@pmtc]

If you settle then yes, as you will be settling irrelevant of any outcome. It may be that there would be a legal challenge to get your money back but that would require legal advice which I’m not qualified to offer. On the whole, assume that settlement would mean the money is gone.