Historical EBT Loans Current View on Legal Position

[ukcommando]

Apologies if this has been addressed in previous queries, but I thought it worth asking outright. For EBT loans issued up to 2010, such as by Edge Consulting, and where there is an open query/appeal, what is the current status? Have the Rangers and Hoey cases now determined once and for all that HMRC are entitled to demand tax on the loan? Are there any viable options left for challenges? I appreciate that those in the worst positions, liability wise, might feel that it's worth trying to fight to the bitter end, but what's the general consensus legally? In my case, I have an extremely painful demand for £30k+, and trying to decide whether it's best to put it to bed by settling.

[ukcommando]

Apologies if this has been addressed in previous queries, but I thought it worth asking outright. For EBT loans issued up to 2010, such as by Edge Consulting, and where there is an open query/appeal, what is the current status? Have the Rangers and Hoey cases now determined once and for all that HMRC are entitled to demand tax on the loan? Are there any viable options left for challenges? I appreciate that those in the worst positions, liability wise, might feel that it's worth trying to fight to the bitter end, but what's the general consensus legally? In my case, I have an extremely painful demand for £30k+, and trying to decide whether it's best to put it to bed by settling.

I'm quite surprised that there's been zero response to my query despite lots of views. Surely amongst the vast collective knowledge here, there's some knowledge of the current state of play on various schemes, particularly those that were around some time back and which have been through the grinder legally? Must admit I'm surprised that some form of KB isn't in the sticky posts to help with basic queries. I really would appreciate any informative response to my query.

[eek]

I'm quite surprised that there's been zero response to my query despite lots of views. Surely amongst the vast collective knowledge here, there's some knowledge of the current state of play on various schemes, particularly those that were around some time back and which have been through the grinder legally? Must admit I'm surprised that some form of KB isn't in the sticky posts to help with basic queries. I really would appreciate any informative response to my query.

You may not have noticed this but there are not that many posters regularly posting on this forum and you are after very specialist advice....

[dammit chloe]

I'm quite surprised that there's been zero response to my query despite lots of views. Surely amongst the vast collective knowledge here, there's some knowledge of the current state of play on various schemes, particularly those that were around some time back and which have been through the grinder legally? Must admit I'm surprised that some form of KB isn't in the sticky posts to help with basic queries. I really would appreciate any informative response to my query.

I believe the only case running is, IIRC, The Higgs Case with Leith Gordon KC. It's best hope, IMV, is that recent media coverage will have been noticed by whoever is hearing it. Truth, I may be out of date, it may already have happened. Details are scarce.

Twitter :- https://twitter.com/ArmadilloSupprt/...12258171023633

There have been people vocal on here some time ago about bringing cases but they are oh so quiet now.

I wouldn't hold out any hope. Probably best chance is change of Govt, Labour has promised a review but recent days have seen them take an almost opposite stance. When they get power they will be bound by all the same forces and will be just as supine.

[woody1]

To date, every single loan legal challenge has failed.

Over the past 20-odd years, numerous schemes have gone to court. I haven't heard of a single one that's ever been successful.

If you're pinning your hopes on the courts, you might be better off buying lottery tickets instead.

[ukcommando]

You may not have noticed this but there are not that many posters regularly posting on this forum and you are after very specialist advice....

I don't think I am after very specialist advice though, I was just enquiring after the current status (in the opinion of forum members). I'm not asking for anyone to give legally binding opinions, but there are (apparently) tens of thousands of open enquiries which were on appeal but which are likely currently being issued determinations in HMRC's favour. It appears to me that the current legal status is that EBT loans have been determined to be taxable, where HMRC opened an enquiry within the permitted timeframe. I was curious whether there were any remaining arguments to be had as to whether any cases or EBT schemes had an aspect that put them outside that legal status. ( I don't think there are, but no harm in asking ). There's no sense in throwing good money after bad by engaging with expensive specialists, when no valid arguments are available anyway.

[cojak]

I'm quite surprised that there's been zero response to my query despite lots of views. Surely amongst the vast collective knowledge here, there's some knowledge of the current state of play on various schemes, particularly those that were around some time back and which have been through the grinder legally? Must admit I'm surprised that some form of KB isn't in the sticky posts to help with basic queries. I really would appreciate any informative response to my query.

I used to upload regularly when there was greater involvement by people affected by this who would give me the information. We no longer have many eyes in this area as most have settled and quietly got on with their lives, and so I don't get the updates that I used to.

[woody1]

I was curious whether there were any remaining arguments to be had as to whether any cases or EBT schemes had an aspect that put them outside that legal status. ( I don't think there are, but no harm in asking ). There's no sense in throwing good money after bad by engaging with expensive specialists, when no valid arguments are available anyway.

There are still some groups fighting, and cases ongoing, but they're almost certainly flogging a dead horse.

I wouldn't waste your time/energy/money on any of these hopeless causes.

[Nava39]

There are still some groups fighting, and cases ongoing, but they're almost certainly flogging a dead horse.

I wouldn't waste your time/energy/money on any of these hopeless causes.

So is the general feeling/ advice from professionals is to settle pre-2010 open years?

[ukcommando]

I used to upload regularly when there was greater involvement by people affected by this who would give me the information. We no longer have many eyes in this area as most have settled and quietly got on with their lives, and so I don't get the updates that I used to.

Completely understand, it's undoubtedly a lot of effort keeping an eye on these forums. I had hoped for wider input from others impacted like myself, but if folk aren't searching much for this subject now, that's understandable.