AM Limited COP8 HMRC Investigation Letter..

[regron]

Some of us (me included) have had communication today from AML that HMRC have issued closure notices to the sample cases, with regards to their PBT scheme (post 2011). They are now asking permission from all users of the scheme to agree to applying for closure notices and they will appeal on mass.

So nothing to do with the APN JR for the EBT schemes, that is still ongoing.

[jes107]

AML Email

Yeah - just got the email from AML about next steps. From my personal situation I was hoping to just have all my loans taxed in one go 2019. That way I could not take a salary that year (if possible) and look at other ways to reduce the bill VCT / pension investment. If AML can't defend what they advertised then I will just hang on as long as possible until HMRC make me bankrupt. I have no assets and happy to take a few holidays!

[webberg]

Some of us (me included) have had communication today from AML that HMRC have issued closure notices to the sample cases, with regards to their PBT scheme (post 2011). They are now asking permission from all users of the scheme to agree to applying for closure notices and they will appeal on mass.

So nothing to do with the APN JR for the EBT schemes, that is still ongoing.

Agreed, nothing to do with APN. That continues.##

[KGBMAN]

AML permission to agree to apply for closure notices?

All, regarding the communication from AML asking permission from all users of their PBT scheme to agree to applying for closure notices and they will appeal en-mass - anyone got any thoughts or concerns? Although they say they have appealed those sample case notices, they don't mention if postponement of the tax was granted? Could there be any downsides for agreeing to apply for closure notices? And why the rush job - they want permission by 30th June....?

[Golddustz147]

Update as per letter

Hi Guys,

I got the letter also last week requesting the closure notices from AM limited. As they have lost the first bout of the sample cases. Where is the hope in them succeeding in the second round? It is not rocket science regardless of outcome we are the ones that are going to have to pay the price and forfeit sacrifice our salaries at the end of the day to pay back HMRC . We are all delaying the inevitable. Fortunately over the last 3-4 years that this has been ongoing since I have now decided to deal with HMRC directly and no longer have AML as my active agent. It is one lie after the next from them. If you notice they have changed their website address? It is all a disguise from their perspective. I see them closing up shop just like Sanzar partnership done in the past leaving all individuals in dire straights viz all defending for ourselves.. At the end of the day we are liable not AM limited they will diminish the responsibility ...
I have no agreed a settlement repayment restructure plan with HMRC .. It is better to play ball now rather than waiting and pay all the additional interest HMRC are charging us...... Too many sleepless nights. I know could take over a good couple of years to clear but at least on route to a starting point. It is better than getting credit rating wrecked by declaring "Bankruptcy!
Good luck to all on your decisions.... But we are all fighting a losing battle it is a WIN WIN for HMRC ..

[Carrotbay]

I've had the same AML email and have responded with the following questions

1. If I agree to a request for a Closure Notice which then leads to a request for a postponement of tax, please can you confirm whether I would be subject to late payment fees whilst the Statutory Review takes place. The sample letter does indicate that this would be the case.

2. Why are you suggesting that it’s the best course of action for all Closure Notices to be requested at the same time rather than let the sample go through the Statutory Review process? Would it not be a better option to see how the sample fairs in the review and then decide what to do with the remainder based on that knowledge.

3. The sample letter covers the tax. What is the impact regarding NI?


I got the response that the are very busy and will come back to me when they can. I think we are facing the inevitable and AML are trying to clear the decks.

[Kai]

Agreed, nothing to do with APN. That continues.##

Hi Webberg, do you have an opinion on AML calling for closure notices on all their clients?

AML aren't giving any details away about why this is a good strategy. Aren't closure notices fairly final ? Hence, putting the onus on AML clients to finalise tax payments?

[webberg]

Hi Webberg, do you have an opinion on AML calling for closure notices on all their clients?

AML aren't giving any details away about why this is a good strategy. Aren't closure notices fairly final ? Hence, putting the onus on AML clients to finalise tax payments?

I would not presume to opine upon what AML are doing.

I suggest that if you have concerns or issues, then you go and seek advice that is specific to your circumstances.

I will give you some facts.

A closure notice is the opening argument from HMRC and one that they will rely upon if the case goes to Tribunal. A closure notice can be issued by HMRC if they think negotiations are going in a direction they don't like, or can be requested (and if necessary forced) from HMRC by the taxpayer. In this case the taxpayer is you.

A closure notice is not part of a strategy. It's part of a process that leads to a Tribunal hearing.

A closure notice is not a final demand. As the note from AML clearly states, the notice may be accompanies by an assessment (or that may follow shortly after) and the tax demanded there can be postponed until the final liability is agreed. That might be years away.

I suggest that you get some advice.

[Bobo]

Closure Notice

Hi All

Can you withdraw from a closure notice, and go with settling?

[webberg]

Hi All

Can you withdraw from a closure notice, and go with settling?

Yes, but you would not be settling, you would be accepting HMRC's version of events.

True, at the moment, settlement and HMRC closure notice are probably around the same value but having a closure notice, review and outcome, is just a step in the chain.

If you want to withdraw formally you can wait until the case goes to Tribunal. You will have opportunity then to remove yourself.