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HMRC Enquiry letters on Loans from EBT and other schemes

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    Tick, Tock !!

    4 months now since the Supreme Court ruled on the Rangers tax case that Employers were responsible for tax deduction. Yet all we have is complete silence from HMRC with regards to what happens next with contractor loan schemes.

    Yet overestimated APN's continue to be delivered to people with 30 days to comply and pay !!!

    Shocked = No, but surely they have to announce something soon !!!! They are playing around with 000's of peoples lives and careers FFS !!!

    Yet another example of HMRC not fit for purpose.
    STRENGTH - "A river cuts through rock not because of its power, but its persistence"

    Comment


      Originally posted by regron View Post
      4 months now since the Supreme Court ruled on the Rangers tax case that Employers were responsible for tax deduction. Yet all we have is complete silence from HMRC with regards to what happens next with contractor loan schemes.

      Yet overestimated APN's continue to be delivered to people with 30 days to comply and pay !!!

      Shocked = No, but surely they have to announce something soon !!!! They are playing around with 000's of peoples lives and careers FFS !!!

      Yet another example of HMRC not fit for purpose.
      The nudge unit says to wait several more months.....

      Comment


        Originally posted by BrilloPad View Post
        The nudge unit says to wait several more months.....
        Nope, its finance related so it will be hidden within a million other pages on November 22nd / 23rd....
        merely at clientco for the entertainment

        Comment


          APN Enquiry

          Hi All

          Sorry if this is not the most appropriate place to post this question.

          Is anyone getting any joy challenging APNs, aside from debating the amount that is paid under APN? Ie has anyone taken it further, proved the scheme was legit and then get the money back from HMRC?

          Or are we all just at the mercy of the HMRC machine?

          In my example I was in a trust based scheme during the 15 TY and have just rec'd advisement from HMRC that they will soon be sending me an APN.

          I've seen the 'Big Group' mentioned in some of these threads, are they relevant to APNs?

          Thanks

          Comment


            Originally posted by EviLConan View Post
            Hi All

            Sorry if this is not the most appropriate place to post this question.

            Is anyone getting any joy challenging APNs, aside from debating the amount that is paid under APN? Ie has anyone taken it further, proved the scheme was legit and then get the money back from HMRC?

            Or are we all just at the mercy of the HMRC machine?

            In my example I was in a trust based scheme during the 15 TY and have just rec'd advisement from HMRC that they will soon be sending me an APN.

            I've seen the 'Big Group' mentioned in some of these threads, are they relevant to APNs?

            Thanks
            BG are the only game in town for challenging APNs on loan and trust based schemes.

            Regarding other schemes, APNs have been challenged successfully on some but their arguments will only apply where there is no DOTAS number or where it was not required. People did get their money back. 2015 is way too late for the DOTAS argument.

            Very few of these schemes are ever proved successful - usually HMRC settle where they have a very poor case.

            Some people unable to pay APNs are now being made bankrupt.

            Worst of all HMRC are refusing to settle loan schemes at the moment. Eek and I disagree as to the reason.

            You really need to speak to BG. Personally I have no loans so I am not a member.

            Comment


              Originally posted by BrilloPad View Post
              2015 is way too late for the DOTAS argument.
              Hey BP, do you mind me asking what you mean by this?

              I used a scheme for all of 14/15 and part of 15/16

              Comment


                Originally posted by WalterWhite View Post
                Hey BP, do you mind me asking what you mean by this?

                I used a scheme for all of 14/15 and part of 15/16
                Then the DOTAS argument will not help you. You are about 10 years too late.

                Cojak believes the loan charge will be retrospective to 1999. Cojak is usually right(except when it comes to giving me bans/infractions). The DOTAS might save those in the first 5 years from getting APNs. However they will probably still have to pay eventually.

                Comment


                  Originally posted by BrilloPad View Post
                  Then the DOTAS argument will not help you. You are about 10 years too late.

                  Cojak believes the loan charge will be retrospective to 1999. Cojak is usually right(except when it comes to giving me bans/infractions). The DOTAS might save those in the first 5 years from getting APNs. However they will probably still have to pay eventually.
                  That is 100% correct and will be given Royal Assent on, or very soon after the 15th November.
                  Last edited by regron; 7 November 2017, 09:28.
                  STRENGTH - "A river cuts through rock not because of its power, but its persistence"

                  Comment


                    Originally posted by BrilloPad View Post
                    BG are the only game in town for challenging APNs on loan and trust based schemes.

                    Regarding other schemes, APNs have been challenged successfully on some but their arguments will only apply where there is no DOTAS number or where it was not required. People did get their money back. 2015 is way too late for the DOTAS argument.

                    Very few of these schemes are ever proved successful - usually HMRC settle where they have a very poor case.

                    Some people unable to pay APNs are now being made bankrupt.

                    Worst of all HMRC are refusing to settle loan schemes at the moment. Eek and I disagree as to the reason.

                    You really need to speak to BG. Personally I have no loans so I am not a member.

                    Thanks,

                    I'm working on the assumption that I will need to pay up on the APN, in my case its only a few months worth of earnings so I'm not as bad as others who have been in schemes for years. I do feel for those that are facing bigger bills than me.

                    Assuming that the APN stands and needs to be paid, has anyone (schemes/collectives/individuals) had any success to date in pushing HMRC to settle? & then getting an APN paid back? I keep hearing that the recent Rangers case potentially provides an argument that may be used as a grounds of getting the APN monies back, though has anyone used this argument successfully and got the APN back yet? Or is it all still just in discussion?

                    Comment


                      Originally posted by EviLConan View Post
                      Thanks,

                      I'm working on the assumption that I will need to pay up on the APN, in my case its only a few months worth of earnings so I'm not as bad as others who have been in schemes for years. I do feel for those that are facing bigger bills than me.

                      Assuming that the APN stands and needs to be paid, has anyone (schemes/collectives/individuals) had any success to date in pushing HMRC to settle? & then getting an APN paid back? I keep hearing that the recent Rangers case potentially provides an argument that may be used as a grounds of getting the APN monies back, though has anyone used this argument successfully and got the APN back yet? Or is it all still just in discussion?
                      Big Group is your friend.

                      Comment

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