AM Limited COP8 HMRC Investigation Letter..

[LisaContractorUmbrella]

Do you think they are cherry picking individuals from AML to issue APNs?

Sure it is matter of time before I receive a letter from HMRC but would have thought the letters should have been sent the same time?

Apparently there are about 65,000 individuals who will be receiving APN's from HMRC over the coming months - they're not well organised enough to get them all out in one go

[LisaContractorUmbrella]

These are not APNs!

What is it that you have received Dylan?

[Dylan]

The same settlement opportunity letter as everyone else.

[ads1980]

Yes thats what I got on Saturday morning too. A settlement letter advising that I have until January 2015 to contact HMRC about a settlement. So in that case, will there be no APNs issued until after that?

[eek]

Yes thats what I got on Saturday morning too. A settlement letter advising that I have until January 2015 to contact HMRC about a settlement. So in that case, will there be no APNs issued until after that?

Pay up now and the tax is paid so the APN would be unnecessary.

Wait and hmrc can and probably will use an APN to get the money and then delay any tribunal as long as possible. And it may be a long delay as there will be a lot of schemes trying to get to a tribunal

[Monster]

I have an idea, which may have been said...

As the money is a loan and is set up as a loan then...

If the loan provider has disappeared or won't back you.

Send a letter and email to HMRC say that you will pay the 40% when you get written confirmation that they will take responsibility for the loan, would need to get a lawyer to sort that. The loan is with the provider so now HMRC would have to pay the loan if required.... The loan provider could then ask for the loan to be paid back as stated in the loan agreements. Then HMRC would be liable for the other 60%..... I doubt they would ever do this due to paperwork and knowing that they have a loan on their hands which they don't have money for.

I am NOT saying do this, but this idea may work as you have a loan in your name which they are disputing so give the loan to HMRC and see what happens.....

Any ideas?

[Not Losing Any Sleep]

I have an idea, which may have been said...

As the money is a loan and is set up as a loan then...

If the loan provider has disappeared or won't back you.

Send a letter and email to HMRC say that you will pay the 40% when you get written confirmation that they will take responsibility for the loan, would need to get a lawyer to sort that. The loan is with the provider so now HMRC would have to pay the loan if required.... The loan provider could then ask for the loan to be paid back as stated in the loan agreements. Then HMRC would be liable for the other 60%..... I doubt they would ever do this due to paperwork and knowing that they have a loan on their hands which they don't have money for.

I am NOT saying do this, but this idea may work as you have a loan in your name which they are disputing so give the loan to HMRC and see what happens.....

Any ideas?

No idea, but whatever you say begin with:

"without prejudice save as to costs".

[Rob79]

I have an idea, which may have been said...

As the money is a loan and is set up as a loan then...

If the loan provider has disappeared or won't back you.

Send a letter and email to HMRC say that you will pay the 40% when you get written confirmation that they will take responsibility for the loan, would need to get a lawyer to sort that. The loan is with the provider so now HMRC would have to pay the loan if required.... The loan provider could then ask for the loan to be paid back as stated in the loan agreements. Then HMRC would be liable for the other 60%..... I doubt they would ever do this due to paperwork and knowing that they have a loan on their hands which they don't have money for.

I am NOT saying do this, but this idea may work as you have a loan in your name which they are disputing so give the loan to HMRC and see what happens.....

Any ideas?

Nice idea but a question;

1. why would HMRC take on your loan?

[Rob79]

Apparently there are about 65,000 individuals who will be receiving APN's from HMRC over the coming months - they're not well organised enough to get them all out in one go

As I'm going for my pedant of the month award there are promised to be 43,000 APN's issued, 33,000 to individuals and 10,000 to companies.

The 65,000 figure comes from the number of unresolved cases pending with HMRC/Courts.

The HMRC program is rolling out over 20 months. We might see the first APN's in mid September.

[dezze]

latest from AML, nothing we don't know but at least they are talking

We are contacting you to confirm that a letter from HMRC will be issued shortly inviting you to consider settling any disputed tax with them. The letter will be headed "Contractor Loans Settlement Opportunity - Arrangements used up to 5 April 2011" and will also include a separate Q & A explaining the rationale, from an HMRC perspective, of the basis for the settlement opportunity. You should note that the letter is generic and is being sent to all contractors who have engaged through offshore companies, not just AML.

In our opinion, HMRC's position has no merit, as shown by their mentioning of the “Philip Boyle v HMRC” case. The Boyle case centred around a wholly artificial structure based on making loans in Uzbekistani soums and other currencies, and has no relevance whatsoever to AML’s arrangements. HMRC conspicuously avoid any mention of their recent high profile Upper Tier Tribunal defeat in Murray Holdings Group Limited v CIT (the Glasgow Rangers EBT case), a case which is far more relevant to our arrangements, and which yet again reinforces the legal position that properly constituted loans cannot be classed as income.

AML is therefore continuing to consult its legal and taxation advisors, over this and the new Accelerated Payments legislation. We think it is unlikely that any Accelerated Payments Notices (APNs) will be issued prior to 9 January 2015, the date HMRC give as the end date for any settlement opportunity. At this time, we would therefore urge you NOT to contact HMRC, and simply pass any correspondence on to AML to deal with on your behalf. We are liaising with HMRC on a collective basis, and have informed them that we intend to defend any action vigorously on your behalf. We will contact you again during the first week of September with an update on the legal position.

I really wouldn't put information from providers up on the public forum. Others are reading this that don't like you.