Montpelier MTM scheme

[stonehenge]

You have to laugh. In February this year, HMRC responded to an FOI about using s684 against pre-2003 years with:

"We understand your request as asking a speculative question concerning the potential application of the discretion."

It now seems they already done it 4 years ago. Speculative my arse.

[WTFH]

You have to laugh. In February this year, HMRC responded to an FOI about using s684 against pre-2003 years with:

"We understand your request as asking a speculative question concerning the potential application of the discretion."

It now seems they already done it 4 years ago. Speculative my arse.

Was their response not related to the question you asked and the way you asked it?

Your request is therefore invalid and cannot be considered under the FOIA.

[stonehenge]

Was their response not related to the question you asked and the way you asked it?

It wasn't me who submitted the request, but I guess you could be right. I suppose another explanation might be that whoever drafted the response didn't know that s.684 had already been used against pre-2003 years.

[WTFH]

It wasn't me who submitted the request, but I guess you could be right. I suppose another explanation might be that whoever drafted the response didn't know that s.684 had already been used against pre-2003 years.

No, they clearly explained that the request was not an FOI request and they would not answer it. It's nothing to do with s.684 and everything to do with what was asked and how.
As for who submitted it, that's a different question which I could ask to several usernames.

[stonehenge]

No, they clearly explained that the request was not an FOI request and they would not answer it. It's nothing to do with s.684 and everything to do with what was asked and how.
As for who submitted it, that's a different question which I could ask to several usernames.

I don't know, seems a bit disingenuous, and certainly not helpful, if they know the discretion has already been widely used with years like 2001-2.

3) Will the discretion be applied retrospectively for periods before ITEPA 2003 was enacted? For instance, can HMRC disapply the PAYE rules for tax year 2001-2?

[WTFH]

I don't know, seems a bit disingenuous, and certainly not helpful, if they know the discretion has already been widely used with years like 2001-2.

It seems a bit of a stretch that you and Webby don't understand what was written clearly by HMRC.
They weren't disingenuous, they actually explained why they could not answer that Freedom Of Information request question.
https://www.whatdotheyknow.com/reque...23%2004297.pdf

[eek]

It seems a bit of a stretch that you and Webby don't understand what was written clearly by HMRC.
They weren't disingenuous, they actually explained why they could not answer that Freedom Of Information request question.
https://www.whatdotheyknow.com/reque...23%2004297.pdf

Call me cynical but given a clear cut yes or no question the use of the FOI to avoid answering it would point me in one direction.

That HMRC would very much like to use their discretion to fix the 2001/3 arguments and collect the money.

[stonehenge]

Also, authorities can answer, outside the terms of FOIA, to be helpful. I've seen even HMRC do that before.

I think eek may have hit the nail on the head.

[DealorNoDeal]

Perhaps we need a new FOI request to ask why they answered the other one in the way they did.

[s684]

I wrote to my MP about HMRC using the legislation retrospectively and they are going to raise it with this all party group in Parliament. If anyone can call HMRC to account, then they might be able to.

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