AM Limited COP8 HMRC Investigation Letter..

[roadstar]

Does anyone know if you have to pay the late fees on the APNs if the JR fails? Given we won't have an answer for sometime after the APN deadline we will then be hit with upto 15% fee. Is this except while the JR is going through?

[DotasScandal]

Does anyone know if you have to pay the late fees on the APNs if the JR fails? Given we won't have an answer for sometime after the APN deadline we will then be hit with upto 15% fee. Is this except while the JR is going through?

If other JRs (Ingenious...) are any indication, late payment fees will still be charged shall the JR be ultimately unsuccessful.

[webberg]

Does anyone know if you have to pay the late fees on the APNs if the JR fails? Given we won't have an answer for sometime after the APN deadline we will then be hit with upto 15% fee. Is this except while the JR is going through?

HMRC's opinion on the Ingenious JR and one that the judge did not disagree with, is that late payment penalties will be due from the original dates.

So chances are that if a JR fails or is not brought (most are are pending the result of the Ingenious hearing) then a penalty applies.

If the JR on Ingenious wins but on grounds that distinguish it from contractor schemes, you are likely to be asked for more fees to go to Court. Most of the JR's in contractor world have raised funds in order to lodge an application but not yet go to Court.

[regron]

Most of the JR's in contractor world have raised funds in order to lodge an application but not yet go to Court.

This is my thinking too webberg and from a lot of posts seen (not just here) there are a lot of people out there who seem to believe that now JR has been lodged by the relevant providers solicitors, they think it will all be taken care of, from here on in. Personally I am in no doubt (and I am part of 2 separate JR's myself) that both will come back at some point, asking for additional funds to continue the fight !!

[webberg]

Indeed I think you're correct.

The Ingenious JR is expensive. They have some good lawyers and clients with deep pockets and the sums involved are impressive but I suspect that the hearing (next week) and inevitable appeal will be absorbing costs at a respectable burn rate.

I know that a property scheme provider has asked £4k per person for lodging a JR against an APN and that's before a hearing or even beginning to argue about the main issues.

In contractor world I've seen requests for between £250 and £2,500, but again before a hearing even starts.

[roadstar]

Thanks for the prompt responses 😀

What happens if your part of a JR currently and actually pay the APN so as to not get further penalties and if the JR is successful then can you get your APN returned? I know its not tested but what are your thoughts?

[webberg]

Thanks for the prompt responses 😀

What happens if your part of a JR currently and actually pay the APN so as to not get further penalties and if the JR is successful then can you get your APN returned? I know its not tested but what are your thoughts?

It depends on why the JR is successful.

My belief is that HMRC will resist repaying if the issue is one of administrative process or application of the rules. They will argue that the law/rules will be changed and to repay and then demand again would be a drain on the public purse and that they should be given time to correct the position.

If it's defeated on human rights, i.e. retrospection or lack of appeal, than I can see the same sort of argument.

Face facts. They have the money and they will NOT repay it unless the underlying issue is resolved.

My opinion, stated before, is that a JR is a waste of money because this is fighting Government policy. Save your energy and money for the real fight.

[ads1980]

It depends on why the JR is successful.

My belief is that HMRC will resist repaying if the issue is one of administrative process or application of the rules. They will argue that the law/rules will be changed and to repay and then demand again would be a drain on the public purse and that they should be given time to correct the position.

If it's defeated on human rights, i.e. retrospection or lack of appeal, than I can see the same sort of argument.

Face facts. They have the money and they will NOT repay it unless the underlying issue is resolved.

My opinion, stated before, is that a JR is a waste of money because this is fighting Government policy. Save your energy and money for the real fight.

Well I'm not in a position to pay the APNs. I have joined AMLs JR and also BIG GROUP as both seem relatively low cost no brainers to me. Should AML come back asking for more money then I will have to review that but for the time being, I would still like representation from them as they knew exactly how the scheme worked as well as having back up and separate views from BIG GROUP.

[webberg]

Well I'm not in a position to pay the APNs. I have joined AMLs JR and also BIG GROUP as both seem relatively low cost no brainers to me. Should AML come back asking for more money then I will have to review that but for the time being, I would still like representation from them as they knew exactly how the scheme worked as well as having back up and separate views from BIG GROUP.

Entirely sensible strategy.

[MercladUK]

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