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Churchill Knight & Boox clients being investigated as Managed Service Companies

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    Hi all, I've been reading this for a while as I am also affected (in my case with Boox), but to be honest I don't understand a lot of terms and what is really going on.

    I have a question that is always around my mind - So I thought I was doing my accounts legally and with a competent firm, shouldn't be Boox the one and only to pay for the fine? Could we sue them for the damage they have done to us?

    Thanks

    Comment


      Originally posted by kogollus View Post
      Hi all, I've been reading this for a while as I am also affected (in my case with Boox), but to be honest I don't understand a lot of terms and what is really going on.

      I have a question that is always around my mind - So I thought I was doing my accounts legally and with a competent firm, shouldn't be Boox the one and only to pay for the fine? Could we sue them for the damage they have done to us?

      Thanks
      It's an option a lot of us have been thinking of. However.... I would doubt very much CK or Boox will be around when this is all over.

      Comment


        Originally posted by kogollus View Post
        Hi all, I've been reading this for a while as I am also affected (in my case with Boox), but to be honest I don't understand a lot of terms and what is really going on.

        I have a question that is always around my mind - So I thought I was doing my accounts legally and with a competent firm, shouldn't be Boox the one and only to pay for the fine? Could we sue them for the damage they have done to us?

        Thanks
        You're going to need a very smart and obviously, that means a very expensive lawyer to even think about that. IMO of course. And given that nobody has been found guilty of anything at all just yet, I think you are premature thinking about it.

        Assuming Boox or CK are found to be MSCP, what exactly will you litigate against them for? Assuming you successfully litigate for something, will they have any money to pay you anything by way of redress? Just two of a million questions to ask yourself.

        As an aside, look at the various group litigation schemes that have sprouted up over various contractor related issues. They don't seem to have been too productive for clients. Do they?
        Public Service Posting by the BBC - Bloggs Bulls**t Corp.
        Officially CUK certified - Thick as f**k.

        Comment


          All, just wondering if anyone knows if it's possible, having asked for postponement of payment of charges in the appeal, to change mind and make a payment on account later? I am undecided whether to make some POA when the new letters arrive or wait a little to see how things play out.

          Comment


            Originally posted by deuce View Post
            All, just wondering if anyone knows if it's possible, having asked for postponement of payment of charges in the appeal, to change mind and make a payment on account later? I am undecided whether to make some POA when the new letters arrive or wait a little to see how things play out.
            Yes - You can always make a payment on account later, as any investigation progresses. Contact HMRC as and when you are ready

            Comment


              Originally posted by Chevalier View Post

              Yes - You can always make a payment on account later, as any investigation progresses. Contact HMRC as and when you are ready
              Do you know if we postpone payments if there will be a penalty charge by HMRC? If there is a penalty charge, do you know what that typically is? Thank you.

              Comment


                Originally posted by RightAngle View Post

                Do you know if we postpone payments if there will be a penalty charge by HMRC? If there is a penalty charge, do you know what that typically is? Thank you.
                From what we know there are no penalties because you are having them stood over and disputing the amounts. There will be interest charges

                Comment


                  Originally posted by RightAngle View Post

                  Do you know if we postpone payments if there will be a penalty charge by HMRC? If there is a penalty charge, do you know what that typically is? Thank you.
                  There may be penalties for “inaccuracies” in your original tax returns - if HMRC consider there was a lack of reasonable care. What HMRCs view is here, is anyones guess. (NB - this is regardless of whether you appealed or not)

                  With regards to anything “stood over”, there are no penalties for late payment - only interest. Of course once the matter is settled, then the normal late payment regime kicks in from that point in time
                  Last edited by Chevalier; 3 January 2023, 13:44.

                  Comment


                    Originally posted by Chevalier View Post

                    There may be penalties for “inaccuracies” in your original tax returns - if HMRC consider there was a lack of reasonable care. What HMRCs view is here, is anyones guess. (NB - this is regardless of whether you appealed or not)

                    With regards to anything “stood over”, there are no penalties for late payment - only interest. Of course once the matter is settled, then the normal late payment regime kicks in from that point in time
                    From what the 'experts' say there will be no penalty for late payment just interest on the full amount.

                    IMHO I would very much doubt HMRC are going to go through thousands of tax returns * 3 to look for inaccuracies, just my opinion.

                    From the amounts they have pulled out of thin air if they win this case they are very unlikely to apportion time and staff to picking up pennies, when that time and effort can be used to bring down every other big accountancy firm with their big fat WE WIN legislation in hand.

                    Oh and I am right back in this now, having received my letter to warn me about the letter I will be getting for 19/20 they have yet to refund me anything for the years 17/18 (which I paid on account) and which don't apply to my company, there is no mention of 18/19 in the letter so I'm hopeful it won't be part of the investigation.

                    Comment


                      Originally posted by GregRickshaw View Post

                      From what the 'experts' say there will be no penalty for late payment just interest on the full amount.

                      IMHO I would very much doubt HMRC are going to go through thousands of tax returns * 3 to look for inaccuracies, just my opinion.
                      The “inaccuracy” being that dividend payments haven’t been treated as PAYE

                      Bearing in mind DOTAS is mentioned on HMRCs page about MSCs it is a possibility that penalties will apply

                      https://www.gov.uk/government/public...-contributions

                      (See PAYE inaccuracies)

                      https://www.gov.uk/guidance/what-hap...mation-on-time
                      Last edited by Chevalier; 3 January 2023, 19:24. Reason: Adding link

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