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HMRC Disguised renumeration - new approach by HMRC ("no requirement to operate PAYE")

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    HMRC Disguised renumeration - new approach by HMRC ("no requirement to operate PAYE")

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ID:	4245665I wonder if anyone else has received recent contact from HMRC similar to the attached please? I interpret this to say that because the company I worked through isn't in the UK they're deciding to come at me for the tax due.

    My intention is to push back on the grounds HMRC inform me the tax years concerned are not open. If they prove otherwise, I'm inclined to pay on the grounds it's an amount of money that won't detroy me and I need the space in my head back that they are occupying.
    Last edited by VillageIdiotDan; 8 December 2022, 11:47.

    #2
    Looks like a typical boiler plate letter relating to an off shore tax avoidance scheme to me. I think you'll need to pay. I don't think there's any chance of you not paying the tax on what you earned. Obviously, others may have a different answer.
    Public Service Posting by the BBC - Bloggs Bulls**t Corp.
    Officially CUK certified - Thick as f**k.

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      #3
      Originally posted by Fred Bloggs View Post
      Looks like a typical boiler plate letter relating to an off shore tax avoidance scheme to me. I think you'll need to pay. I don't think there's any chance of you not paying the tax on what you earned. Obviously, others may have a different answer.
      Thanks for your time to reply. I'd obviously be keen to hear other views as i'd rather not pay if I can but ultimately can't argue your point.

      There seems to have been a general mood change since I last looked at this about 4 years ago. Back then there was quite a bit of fight over such a proposal yet now it seems the vibe is that you'll need to pay. I guess that may be because of precedence set in recent court cases.

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        #4
        Originally posted by VillageIdiotDan View Post
        I wonder if anyone else has received recent contact from HMRC similar to the attached please? I interpret this to say that because the company I worked through isn't in the UK they're deciding to come at me for the tax due.

        My intention is to push back on the grounds HMRC inform me the tax years concerned are not open. If they prove otherwise, I'm inclined to pay on the grounds it's an amount of money that won't detroy me and I need the space in my head back that they are occupying.
        HMRC were granted extended time limits for overseas income… up to 12 years. Perhaps this is how they intend to go about this.

        it might be worth getting professional advice


        https://www.gov.uk/hmrc-internal-man...ndbook/ch53550

        Comment


          #5
          Originally posted by VillageIdiotDan View Post

          Thanks for your time to reply. I'd obviously be keen to hear other views as i'd rather not pay if I can but ultimately can't argue your point.

          There seems to have been a general mood change since I last looked at this about 4 years ago. Back then there was quite a bit of fight over such a proposal yet now it seems the vibe is that you'll need to pay. I guess that may be because of precedence set in recent court cases.
          You're spot on with your summary. I think fight the good fight as a strategy has had its day in the sunlight. Good luck sorting things out for the future.
          Public Service Posting by the BBC - Bloggs Bulls**t Corp.
          Officially CUK certified - Thick as f**k.

          Comment


            #6
            You've got nothing to lose by challenging the decision on the basis that the years aren't open.
            Scoots still says that Apr 2020 didn't mark the start of a new stock bull market.

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              #7
              Whilst there is no harm in trying to challenge HMRC that the year is not open, as per the powers HMRC now have for offshore income, they don’t necessarily need to have an open year and can go back 12 years for an assessment now. I would personally seek some professional advise however. I am assuming you were paid into a UK account? Did you submit SATR those years and didn’t declare the payments as income? If so, you may have a reasonable challenge to say this was presented to HMRC and it would not have been unreasonable for them to enquire about the tax and income at the time, therefore their limit is reduced to 6years for an assessment.

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                #8
                Got to say I would seek advice and challenge based on the advice an expert gives you. There are probably a choice of attacks so you need advice as to what may work best
                merely at clientco for the entertainment

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                  #9
                  Originally posted by eek View Post
                  Got to say I would seek advice and challenge based on the advice an expert gives you. There are probably a choice of attacks so you need advice as to what may work best
                  Unless HMRC have erred, I have to say it doesn't look good seeing as how you can't appeal against their decision. All you can do is make "representations" for what that's worth.
                  Scoots still says that Apr 2020 didn't mark the start of a new stock bull market.

                  Comment


                    #10
                    Originally posted by DealorNoDeal View Post

                    Unless HMRC have erred, I have to say it doesn't look good seeing as how you can't appeal. All you can do is make "representations" for what that's worth.
                    The decision (that they say) that can’t be appealed is the disapplication of PAYE (Related to the Hoey case)

                    Presumably a discovery assessment is being warmed up as we speak, which should be subject to appeal
                    Last edited by Chevalier; 9 November 2022, 08:19.

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