Things about to get very serious and much more real? / Felicitas Letters

[GoneSurfing]

You are making no sense at all. What tax would be due then if HMRC were not taxing the loans? Very little. HMRC took the loans as payment and taxed us on the loans as they were deemed earnings not a loan.

The money flowed like this:

Client --(1)--> Management Company --(2)--> Trust --(3)--> You.

Rangers found that (2) was taxable, not (3).

[MrO666]

Based on this forum, it would appear that 7 months after W28 sent "pay up or we'll send in the heavies" letters to some people, nothing has happened at all (and I doubt anyone paid up either).

All very odd.

[cojak]

The tax was still due. Just not on the loan.

So you don’t have a demand for repayment of your loan? Why are you in this thread then?

[GregRickshaw]

The tax was still due. Just not on the loan.

You are making no sense at all. What tax would be due then if HMRC were not taxing the loans? Very little. HMRC took the loans as payment and taxed us on the loans as they were deemed earnings not a loan.

The other thing to remember here is this post is about dealing with the companies who came after the loans, not to re-open the debate about whether the loans were loans or not.

Anyway I think I'd rather listen to the advice of known and trusted tax solicitors/specialists etc., than some random on here.

[GoneSurfing]

Ok well you can explain this to HMRC for me and maybe I'll get my £££k back

The tax was still due. Just not on the loan.

[GregRickshaw]

No they haven't.

The Supreme Court found (in the Rangers case) that the payments from the employer into the employee benefit trust were taxable.

The loans that were made by the trust to the employee after that point in the chain were/are still loans.

Ok well you can explain this to HMRC for me and maybe I'll get my £££k back

[GregRickshaw]

Then I expect someone to come and demand repayment of that loan…

Exactly Cojak !

[cojak]

No they haven't.

The Supreme Court found (in the Rangers case) that the payments from the employer into the employee benefit trust were taxable.

The loans that were made by the trust to the employee after that point in the chain were/are still loans.

Then I expect someone to come and demand repayment of that loan…

[GoneSurfing]

HMRC have deemed them as taxable income and not loans though.

No they haven't.

The Supreme Court found (in the Rangers case) that the payments from the employer into the employee benefit trust were taxable.

The loans that were made by the trust to the employee after that point in the chain were/are still loans.

[MrsPatricia]

Can anyone recommend a solicitor for my appeal against HMRC? I emailed them appealing the last letter they sent me saying I owed them £58k including all my information for my original settlement with them and they sent me a letter acknowledging the appeal but saying I still have to pay them the £58k in the mean time.

Edited to add: just spoken to HMRC and apparently because I didn’t use the exact phrase “postpone of payment” they didn’t acknowledge it. So I’ve now sent a follow up email to them with that. God this is all SO stressful.