AM Limited COP8 HMRC Investigation Letter..

[TheDandy]

Read this HMRC APN FAQ
http://www.hmrc.gov.uk/compliance/cc-fs24.pdf

Interesting paragraph in page 5 (see extract below)

---
What will happen if you pay the accelerated payment notice and a court or tribunal later rule that the scheme does produce a
tax advantage
If a tribunal or court decides that the scheme does produce the tax advantage, we would normally repay the amount you have paid under the accelerated payment notice, along with any interest that is due
to you.
However, if we appeal against the decision to a higher court or tribunal, we may, in certain cases, also ask for their permission not to repay the amount to you. We would only do this if we believed that there was a risk that, if we were successful with our appeal, you would not then pay the amount you owe
---

So basically if you pay up you eventually win the case HMRC may not pay you back.

Well not at least until the Supreme Court has decided. That's how I read it.

[jrock]

Well not at least until the Supreme Court has decided. That's how I read it.

Some cases will probably go to higher court

[ads1980]

No reply from AM Limited yet

I emailed them at the back end of August for an update and had no response. I emailed them again a couple of weeks ago but still nothing has come back.

Just wondered if anyone else had heard anything?

[TheDandy]

Some cases will probably go to higher court

Supreme is the highest.

[Confusedcontractor1984]

So I've been following this thread a bit over the last whil as I have also been subject to letters from HMRC claiming I have had the EBT and therefore underpaid tax. I spoke with AML today and was not shocked when they were pretty unresponsive in terms of questions. Apparently there is a new "newsletter" coming out by COB this week which they hope will answer a number of questions people have. I was advised that they want this to go to a tribunal and would then take things from there. I did ask what would happen if this was lost......unable to answer as this sits with people who are much higher up or have a more technical understanding.

So I contracted less than 2 years but want to really understand what this settlement opportunity is? Also, do you have to pay HMRC a lump some or can you pay it up over a number of years?

[ads1980]

So I've been following this thread a bit over the last whil as I have also been subject to letters from HMRC claiming I have had the EBT and therefore underpaid tax. I spoke with AML today and was not shocked when they were pretty unresponsive in terms of questions. Apparently there is a new "newsletter" coming out by COB this week which they hope will answer a number of questions people have. I was advised that they want this to go to a tribunal and would then take things from there. I did ask what would happen if this was lost......unable to answer as this sits with people who are much higher up or have a more technical understanding.

So I contracted less than 2 years but want to really understand what this settlement opportunity is? Also, do you have to pay HMRC a lump some or can you pay it up over a number of years?

That is interesting then. So has anyone seen a newsletter from AML? I havent heard a dicky bird from them. The problem is that even if it goes to a tribunal or hearing of some kind, we will still have to cough up the APN. And if they lose the tribunal, I guess we would never see any cash back!

[Confusedcontractor1984]

The AML stance is that they won't issue APN documents. They believe that they do not have grounds for this, apparently HMRC were hoping a win against Rangers would allow them to issue the APN. I would contact AML if you haven't heard. They're definitely in it for themselves and not really interested in the end tax payer in my opinion. If they lose, the end payer loses and we have to stump up. I am now taking outside advice as AML cannot answer or assist with my questions adequately.

[Rob79]

The AML stance is that they won't issue APN documents. They believe that they do not have grounds for this, apparently HMRC were hoping a win against Rangers would allow them to issue the APN. I would contact AML if you haven't heard. They're definitely in it for themselves and not really interested in the end tax payer in my opinion. If they lose, the end payer loses and we have to stump up. I am now taking outside advice as AML cannot answer or assist with my questions adequately.

An HMRC win in Rangers would possibly (not definitely) allow a Follower Notice to be issued which may in turn lead to an APN. The Rangers case being lost on its own is NOT a trigger for an APN.

I have no opinion on AML and their action/inaction in the process.

I would say that everybody who used them (and all other intermediaries) should think carefully about their motives and whether there is a potential conflict arising and in particular whether there are some time limits running that are being eaten into whilst the enquiry is being "handled".

As I've said before - get professional advice.

[jbryce]

The AML stance is that they won't issue APN documents. They believe that they do not have grounds for this, apparently HMRC were hoping a win against Rangers would allow them to issue the APN. I would contact AML if you haven't heard. They're definitely in it for themselves and not really interested in the end tax payer in my opinion. If they lose, the end payer loses and we have to stump up. I am now taking outside advice as AML cannot answer or assist with my questions adequately.

The Rangers win was nice - it showed that HMRC do not always win - but its relevance to contractor EBTs one way or another is not clear. I would suggest that AML, like all the other schemes, are just stalling. Maybe ask them what support they offer when the brown envelope hits the mat.

HMRC will issue APNs and worry about the niceties afterwards.

[centurian]

HMRC will issue APNs and worry about the niceties afterwards.

^^ This

If HMRC had won Rangers, it would have been slam dunk - now they are having to give it some thought.

I would treat with caution/scepticism any claim that HMRC can't issue an APN.