Churchill Knight & Boox clients being investigated as Managed Service Companies

[GregRickshaw]

Really? Fascinating. Hasn't there only been one MSC case recorded? And that one resulted in Hector taking the present stance.

Sounds a lot like someone claiming 20 years experience of Windows 11 to me.

Me too. I have ditched him.

Maybe he's won loads before they get to Tribunal but his 'bumpf' doesn't state this.

At the very least a case he has won would have been good.

[jamesbrown]

The idea of conditional claims has always sounded a bit fanciful to me. Afterall, HMRC don't immediately accept CT refunds even when they have won an IR35 case, i.e., when the tax position that might warrant a refund has fully materialised. They are hardly likely to do so in advance and, really, there is no basis for doing so because it's a hypothetical future tax situation that depends on the opposite outcome to the one the contractor is arguing for. Pretty laughable, IMHO. Remember, there are no special qualifications required to be a "tax expert", but it can be lucrative.

[eek]

The idea of conditional claims has always sounded a bit fanciful to me. Afterall, HMRC don't immediately accept CT refunds even when they have won an IR35 case, i.e., when the tax position that might warrant a refund has fully materialised. They are hardly likely to do so in advance and, really, there is no basis for doing so because it's a hypothetical future tax situation that depends on the opposite outcome to the one the contractor is arguing for. Pretty laughable, IMHO. Remember, there are no special qualifications required to be a "tax expert", but it can be lucrative.

I think it's really about placing a line in the sand so that when things play out you can head to your MP and demonstrate that HMRC are the ones being awkward here and not you....

Now that may or may not help but I can see why a piece of paperwork with HMRC being awkward in their response could be helpful long term..

[DealorNoDeal]

And especially if the reason you miss the deadline for a CT refund is down to HMRC taking so long to proceed with the matter.

Remember, HMRC could have opened an enquiry into 2017/18 the following year but instead they left it 4 years.

[jamesbrown]

There's no harm in recording the request per se, but I'm just surprised that anyone thought it would work at this stage. This has played out many times before - HMRC has their view and they will stick by it until they cannot. As always, when the parties do not agree about quantum, a tribunal judge can rule. There's no harm in keeping a record of what was requested and when, but you won't get an answer on this until many years hence.

[GregRickshaw]

David Kirk has written this morning and thinks Hector has no legal basis for not accepting conditional claims for CT already paid. He also thinks the method of subtracting CT from turnover before calculating NI and PAYE is also incorrect. This is something I've already flagged to Hector and received a nonsense reply from them. I'm just waiting for them to confirm if they will take self assessment into account, which if they do means they owe me a nice refund.

I'm feeling slightly more positive about things now. The determination letter said the amounts I received were greater than they would have been if the income from my Ltd Company were treated as employment income. This is not the case and I can prove now I actually paid more tax. It's only Hectors 'exotic' accounting methods of calculating the deemed payment has made the determination figure so large. I said this in a previous post, I suspect this is why their calculations were not provided with the determinations as they were trying to spook people into paying up.

Written to who? I know several in his group still haven't had a thing.

[antuk]

Has anyone had any updates to their appeals yet?

[Guy Incognito]

Nothing except the initial response saying I was stood over.

[GregRickshaw]

Has anyone had any updates to their appeals yet?

Usual thing accepted the appeal etc., However I have had a ton of evidence (accepted and acknowledged in writing) now added to my appeal so in some ways mine has been updated.

[ExLuninKiwi]

Usual thing accepted the appeal etc., However I have had a ton of evidence (accepted and acknowledged in writing) now added to my appeal so in some ways mine has been updated.

I know it's been asked before, but would you mind sharing what sort of evidence you're putting forward? I've been sitting on the fence about providing anything yet due to the technicalities, so would be much appreciated if you wouldn't mind!