Originally posted by ritwolf
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Churchill Knight & Boox clients being investigated as Managed Service Companies
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Originally posted by ritwolf View PostThey are already out of business (except for providing email support) and have moved the accounts of existing clients to another accountancy firm (which, if I'm not mistaken, is part of the same parent group). One could think the parent group has not lost all of the revenue previously coming from Boox.Comment
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Originally posted by Guy Incognito View PostI put together a very detailed appeal in the hope of having my case dropped.
I wish I had not as I was still stood over and now they have time to pay expensive lawyers to find a small chink in my armour and f$%k me over.Comment
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Originally posted by Sijo View PostI went with WTT for my initial appeal. Their fee was higher, but I thought a detailed appeal would help to change HMRC mind. Well, it didn't work like that and I also got a standard response that my appeal is valid and it stood over. Last week I have asked WTT that, would my initial payment cover the appeal required for new Reg 80 and NIC letters. They said I would need to pay £450 again. I don't think it's worth that amount as I don't think our appeal is even read by HMRC. I had joined DK after the initial appeal and probably will continue with him.Comment
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Originally posted by ritwolf View Post
Sorry for my ignorance but, why do you need a second appeal? I thought one appeal against the determination of the company being deemed as MSC was enough...Comment
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Originally posted by jamesbrown View PostAnother edge case is the following. For the period under investigation, the MSC may pay out less than 50% of the fees to the worker(s). However, the goal, presumably, is that the remaining amounts are paid out eventually. At that point, the PSC may become an MSC if all other conditions are met because there is no particular timeframe in the legislation over which the qualifying conditions must be met. Thus, any payment made later on, including a payment made on winding up, would potentially trigger the legislation if 61B(1)(b) was the only condition not met previously.Originally posted by ritwolf View Post
I've just read this. Do you mean you'd have preferred to submit a less detailed and more generic appeal?Comment
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Originally posted by gikap View Post
I have received REg 80 determination letter for 17/18 in March 22 and i let Boox appeal which was probably another bad decision. HMRC in May 22 confirmed appeal and in December 22 i received another mail from HMRC saying appeal was unsuccessful and that i can expect more determination letters for 18/19 and 19/20. Now i am waiting for these new letters but this time i will have to appeal myself and i have no idea where to look for help with this.
Do you know why was your appeal rejected and not stood over like many others are posting here? I guess the template shared by Boox is the same they'd have used to submit your appeal as well...
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Originally posted by ritwolf View PostDo you know why was your appeal rejected and not stood over like many others are posting here? I guess the template shared by Boox is the same they'd have used to submit your appeal as well...
i really wish someone at Boox was to be legally prosecuted if they are indeed found to be MSCP for at least a number of clients. even the clients who were deceived should take legal actions against Boox. too many individuals and families will be suffering because of Boox's actions.Comment
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Originally posted by jamesbrown View Post
The first thing to note is that the MSC legislation does not apply when you've paid out less than or equal to 50% of the amounts invoiced ex VAT (including salary, dividends and expenses) over an extended period. You should check your figures, but if you're comfortably below 50%, then you should be in the clear.
Regarding whether you should attempt to close your company, no, HMRC will block this.
Basically wanted to know if I can appeal based on this?Comment
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Originally posted by ritwolf View Post
jamesbrown - is this still valid? if so, do you know what period would you have to apply it for (e.g. 2018-2019 tax year or natural year...). I checked for the period 2018-2019 and the payments are just below half (around 48-49% of the amounts invoiced ex VAT.
Basically wanted to know if I can appeal based on this?
(1) A company is a “managed service company” if—
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(b) payments are made (directly or indirectly) to the individual (or associates of the individual) of an amount equal to the greater part or all of the consideration for the provision of the services
That said, you're unlikely to gain any traction at this stage. Certainly, you could include it in your appeal and it should work in due course, although 48-49% is obviously very close. Either way, you should seek professional help.
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