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Hmrc sa2019

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    Hmrc sa2019

    OK i just had a nice letter back today asking me why i didn't add or declare my loans in my SA2019 SA return.

    A few pages on they've listed the years of interest:

    2011 Theyve listed Hamilton Trust as my employer

    2012 Instead of Hamiltons they've listed it as self-employment

    Now, back in 2016 when this all came and they sniffed low hanging fruit by moving a few goal posts i received many APN's from HMRC all of course with 'About that tax avoidance scheme you used' (roll eyes, yes one of many people had used and declared for years on the professional advice of accountants) they listed lots of loans they seemed to know about and on the back of these issued me a multitude of APN's which i paid all of them with a return letter asking them to settle this once and for all, it was a considerable some of money in the regions of tens of thousands. I have since sent them a template letter also asking for settlement confirmation but nothing.

    Any idea what i have coming next or what to do, obviously don't trust these btards one bit. It's clear from IR35 they just despise us so any advice appreciated. I trust as i have paid all their demands thus far im not going to be abused as much or am i now seen as fair game and even lower hanging?
    Last edited by JPC; 15 September 2021, 16:59.

    #2
    If I am reading your post correctly, it seems you have only paid APN's so far to date. These are and never were classed as settlement payments. These were by design a legal way of forcing people to pay the disputed money upfront and get it back should you win your case in court.

    The only way you can settle is to re-engage with them and agree a settlement figure and they will take into consideration what you've already paid in APN's however, settlement is also waiving your right to claim the money back should your scheme(s) winnin court. You can still pay the loan charge and APN payments will still be taken into account however, they can come back for more should they win the scheme court case and find you owe more.

    I would advise you take professional advice as there are a lot of working parts, purely based on the information you've shared so far. What is 100% guaranteed is they will not agree settlement purely based on the APN's you have paid to date.
    STRENGTH - "A river cuts through rock not because of its power, but its persistence"

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      #3
      Thankyou very much for your prompt attention and time. Not saying you are but also concerned users could be on here from hmrc coercing people to do stuff in their interest.

      That aside professional advice is tricky. I was looking at PTS tax as a friend of mine used them 'successfully' to resolve and and settle with hmrc. And she's not heard from them since. Can you or anyone else recommend who I speak to as it seems not even hmrc are able to give any direct interpretation of their own tax laws or recommendations. Its like they're still just trying to give us enough rope...

      omg I just read the last bit so if I settle and they later lose I can't get any money back?! I've struck better deals with car salesmen.
      Last edited by JPC; 15 September 2021, 17:39.

      Comment


        #4
        No problem and I hope if you look at my posts history on here, I am very much up to neck in all of this.

        My personal advice would be to speak to WTT consulting however, I have to ethically add that others on here will disagree and there are other advisors out there, but many will vouch for WTT. There will always be that difference of opinion so it wouldn't be fair for me to say anymore on that.

        On settlement, should you sign a settlement agreement then that should be final however, they will not just take APN's into account for that. They will look at all the loan schemes you were in, and issue a tax bill that you can negotiate (with evidence) and finally either agree to sign the contract or not.

        There are other implications to signing that such as possible IHT due to loan write off which also needs resolving. Hence the advice to speak to an advisor who is well upto speed with all this and not just anybody.
        STRENGTH - "A river cuts through rock not because of its power, but its persistence"

        Comment


          #5
          I’m happy with regron OP, he doesn’t post anything I am worried about.
          "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
          - Voltaire/Benjamin Franklin/Anne Frank...

          Comment


            #6
            Originally posted by JPC View Post
            omg I just read the last bit so if I settle and they later lose I can't get any money back?! I've struck better deals with car salesmen.
            Trouble is, if you don't settle then you'll have to pay the loan charge which you can't get back either.

            In most cases, settling works out cheaper than paying the loan charge. Settling also brings closure. Unfortunately, if you do settle, there will be some more money to pay, namely late payment interest.

            Sadly, it's rock (settle) or hard place (loan charge) if you received loans after December 2010.
            Scoots still says that Apr 2020 didn't mark the start of a new stock bull market.

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