Churchill Knight & Boox clients being investigated as Managed Service Companies

[woody1]

How sure are we about this? I got a lot less than 50% out for every single year yet HMRC hasn't dropped my case. How do i make them look again into my case?

Write to HMRC stating your case, and requesting that they close the years.
Give them a date by which to respond eg. 30 days (or how ever generous you're feeling).
Tell them if you haven't heard anything by said date, or they decline to close the years, you will be referring the matter to your MP.
Send the letter "signed for" and keep a copy to show your MP later.

MPs are very good at getting HMRC to do the right thing.

[GregRickshaw]

They can only assess 4 years back under discovery.

If they win against you guys, you can bet your bottom dollar they'll try and find a way of making the judgment fit other accountancy arrangements. Just like they made the CBS win fit CK and Boox.

Agreed 100% the shoe-horn approach is HMRC's bread and butter.

Ah well we've said nearly everything which can be said. Now we wait and wait and wait and wait.

HMRC do have a very nasty habit of ignoring retrospective rules mind.

[jamesbrown]

Ah well we've said nearly everything which can be said

Very true

[SwissSaffa]

Looks like the new government is going to make things for MSC victims a whole hell of a lot worse if you read the Osbourne Clark article

[eek]

Looks like the new government is going to make things for MSC victims a whole hell of a lot worse if you read the Osbourne Clark article

What Osbourne Clark article?

[Lotok]

Quick google, found this
https://www.osborneclarke.com/insigh...rangements-and

…and IR35, the agency workers tax regime and MSC?


In the meantime, HMRC is likely to significantly increase IR35 enforcement activity, use its powers under the agency worker tax regime (which in many ways is a better tool for HMRC than IR35) more widely, and apply pressure on contractor models by continuing action under the managed service company (MSC) regime. Each of these existing tax regimes already allow HMRC to target what it sees as false self-employment arrangements.

Might this increased activity, perhaps with extra funding for HMRC enforcement teams from a new government, be enough to eradicate (without new legislation) a lot of what may be seen as "bogus self-employment"?

[eek]

Quick google, found this
https://www.osborneclarke.com/insigh...rangements-and

Which tells me nothing other than the random opinion of what someone in Osbourne Clark thinks HMRC may do...

It doesn't say anything like SwissSaffa is implying - all it says is the rather obvious point that MSC legislation may be used again if the rules end up tightened again.

[GregRickshaw]

An advert for Osborne Clarke basically

[jamesbrown]

Summary of the situation (one opinion, but sounds about right):

https://www.contractoruk.com/news/00..._and_long.html

[GregRickshaw]

To engage or not to engage with HMRC that is the question

The answer seems to be pretty straight forward. Engage with HMRC and one gets shafted royally for many years mentally and financially.

Ignore HMRC and one is home scott free

News of the latest farce in the MSC, or deliberate move to concentrate resources came this week in a FOI appeal to HMRC, which revealed HMRC issued zero debt transfer notices to the companies who had not appealed their determinations.

HMRC did not issue the debt transfer notice to directors of around 400 LTDs who failed to 'appeal/acknowledge/chucked in the bin' the PAYE determination demands from HRMC in time and therefore the deadline has now passed.

So when HMRC win and issue bills to those LTDs the debt stops at the company and cannot be transferred to the directors.

Those of you who did appeal in a timely manner, complying and working with HMRC what were you thinking?