Another Consulting Overseas Victim?

[nickersan]

What now?

What are the options now for anyone that was involved with the Sandfield scheme?

I'm trying to discuss the matter with HMRC who expect about 70% of what I received.

Not getting very far and feel totally out gunned...

[wePaid4PortcullisHouse]

Have any of you been able to make any sense of this excerpt from the "Background" in the Boyle case:

"..........
On 26 February 2003 Dr Jacobs held a meeting with inter alios a Brian Garside of
Garside & Co (“Garside”) specialists in this type of investigation who had been
brought in by SSL’s agent, and a Paul Bishopp, managing director of SSL. It was
learned at that meeting that SSL had a master service agreement with SCL, which was
an Isle of Man company, having been transferred there on 9 August 2001.
..............
Credex’ business as a foreign exchange broker was web-based. Its website ceased
to be accessible after the last loan payment was made by SCL on 10 February 2004.
At the meeting on 17 November 2003, to demonstrate to Dr Jacobs that Credex’
website worked, Garside had opened an account with Credex.

An e-mail provided by Garside was found to have been automatically redirected to COL.
..............
"

(1) Why did Garside, who was a specialist "... in this type of investigation ...", provide an email to HMRC that could be used by HMRC as evidence that the "scheme" did not work? Being a specialist in this type of investigation, presumably he would have tested the process a few times to ensure that the system was not flawed in any way and could not be used by HMRC to their advantage.

(2) How does one know that an email has been "... automatically redirected ..." without having access to Credex's software systems?

It seems to me more like co-operation than anything else.

[eek]

2 out of the 3 judges in the case agreed that the loans were not emoluments for tax purposes - don't think HMRC ever agreed with them as they took the case to appeal

FTFY as the upper Tribunal has finished and people are just awaiting the decision.

As an aside Boyle didn't appeal so that decision is final.

[LisaContractorUmbrella]

And should the HMRC v Murray Group appeal be dismissed, wasn't it HMRC who agreed in this EBT case that loans were not emoluments, which could be in direct conflict of the Boyle Case.

2 out of the 3 judges in the case agreed that the loans were not emoluments for tax purposes - don't think HMRC ever agreed with them as they are taking the case to appeal

[z4thras]

The FTT stated that, even if they were wrong to state that the loans were emoluments of his employment, Mr Boyle should be liable to tax under the transfer of assets provisions so there would not be any further grounds for appeal

And should the HMRC v Murray Group appeal be dismissed, wasn't it HMRC who agreed in this EBT case that loans were not emoluments, which could be in direct conflict of the Boyle Case.

[LisaContractorUmbrella]

Hi all,

Following the Boyle vs. HMRC fiasco ruling it seems like the options are running out. I, for one, am now looking at damage limitation. This is not a nice exercise with a 50k+ tax bill waiting around the corner.

I wonder if anyone has any more info with regards to 2 questions:

1) Mr. Boyle lost if the first tier tribunal. Is/can he appeal the decision and go to a second tier tribunal?

2) Is anyone aware of any action being taken against the directors of Consulting Overseas / Sandfield?

All the best

The FTT stated that, even if they were wrong to state that the loans were emoluments of his employment, Mr Boyle should be liable to tax under the transfer of assets provisions so there would not be any further grounds for appeal

[Ruskin]

Any further information out there?

Hi all,

Following the Boyle vs. HMRC fiasco ruling it seems like the options are running out. I, for one, am now looking at damage limitation. This is not a nice exercise with a 50k+ tax bill waiting around the corner.

I wonder if anyone has any more info with regards to 2 questions:

1) Mr. Boyle lost if the first tier tribunal. Is/can he appeal the decision and go to a second tier tribunal?

2) Is anyone aware of any action being taken against the directors of Consulting Overseas / Sandfield?

All the best

[wePaid4PortcullisHouse]

Ha ha.

Ok, I'll be honest. I do think that Paul Courtney Bishop came up with that name.

[cojak]

Crikey I feel like I am being interviewed by the Special Patrol Group.

Just an innocent question.

Riiigggghhhttttt....

[wePaid4PortcullisHouse]

Crikey I feel like I am being interviewed by the Special Patrol Group.

Just an innocent question.