HMRC Enquiry letters on Loans from EBT and other schemes

[webberg]

APN cannot be challenged on any basis. They are ultimate weapon with nothing to protect you.
Pay if u can and get to courts in an organised way

I would disagree.

For an APN to be issued, it has to meet certain conditions. I have already had a couple of APN's withdrawn because they have failed.

I have made representations which have delayed payment dates.

I have negotiated with HMRC to reduce APN values.

I have negotiated time to pay an APN.

You are correct that the above are not "remedies" and do not settle the underlying tax issue which may require litigation etc, but limited though they are, there are defences against APN's.

[StrengthInNumbers]

Can you send your dog to HMRC office please. Better eat them before they get put in post😝

[bignose]

Tudorpay scheme

Hi

I got one of these closure notices a month or so ago and sent back the standard appeal/don't incur interest letter recorded delivery

I have now just received 2 revised self-assessment statements showing how HMRC have calculated their value and requesting payment, also advising that this value is incurring interest

they seem to be ignoring my earlier letters

NB - the scheme has (surprisingly) closed, and the providers disappeared without trace. All agents/umbrella companies involved are running backwards at high speed and screaming "no involvement"

Any advice specific to these letters, other than engaging an advisor ?

Scheme was an IOM based EBT as far as I can establish but was closed March 2011 as law changed

All help welcome

OK, you cannot ignore this.

You need to appeal.

See Sky Rocket's post above.

At this stage you don't need to provide detailed technical arguments just a statement that you disagree with the assessment. That puts the ball back in HMRC's court.

My guess is they will be hoping that a lot of people will simply cave in and accept the assessments. The letter is designed to make it seem like HMRC have the upper hand but I don't believe that is the case at all. Crafty bastards.

[Leebok]

Tax avoidance clampdown threatens rule of law – Society

This is an interesting article. Could individuals make use of this?
Tax avoidance clampdown threatens rule of law

[fielder]

Another article, this time 'Sports law'

Just found the below released today for anyone interested fairly good summary again, but nothing new here though I think:

What HMRC

[Markn99]

I would disagree.

For an APN to be issued, it has to meet certain conditions. I have already had a couple of APN's withdrawn because they have failed.

I have made representations which have delayed payment dates.

I have negotiated with HMRC to reduce APN values.

I have negotiated time to pay an APN.

You are correct that the above are not "remedies" and do not settle the underlying tax issue which may require litigation etc, but limited though they are, there are defences against APN's.

Are you able to be more specific about the conditions that need to be met. I assume also the APN values are based on loan values for the years in question?
How receptive are they to time to pay, are they looking to get it paid off in a period of time?

[webberg]

Are you able to be more specific about the conditions that need to be met. I assume also the APN values are based on loan values for the years in question?
How receptive are they to time to pay, are they looking to get it paid off in a period of time?

Thanks for this.

I have previously posted a lot of material on conditions, representations, calculations and potential responses. I've also included observations on time to pay and related matters.

Unfortunately it's not all in one place. It will be later this week. It will be in BIG GROUP materials.

I have agreed to look at APN for a few individuals. Some of these are pro bono but I no longer have free slots for that and I am therefore charging a fee. PM if you wish to enquire.

[meanttobeworking]

I was a scheme user for one tax year. I received a settlement figure of X. Today I received an APN for X*1.8.

They appear to have overestimated my income for the year, and potentially made some other errors. I have sent the calculation to my accountant for validation of my theories.

I am currently resisting the urge to ring them up and tell them exactly what I think of them, on the basis that I may say something that does me a disservice in the future.

My question is, if I determine that the APN is incorrect, should I be in a hurry to contact them and point it out, or would it be better to wait and buy myself more time.

Should I call them or put my queries in writing? I am already writing a response to their settlement "opportunity" but understand they are dealt with by different departments.

At this moment, I can afford to pay the settlement figure, I cannot afford to pay the APN figure.

Thanks in advance for any help.

[DotasScandal]

I reckon you should wait until towards the end of the 90 Days to contest the APN amount. If I were you, I would do everything in writing... in part for the reason why you've resisted the urge to call them so far. And in part because they'll tell you lies on the phone, then say that the call never happened.

From what we are hearing it seems like the "APN teams" are doing little more than back-of-the-enveloppe calculations before they send outlandish demands. Accuracy does not seem to be a priority, getting the maximum number of bills out the door is.

Do you have a deadline to accept or reject the settelement "opportunity"?

[meanttobeworking]

Thanks for the reply.

As I understand it, you have to have "engaged" by the end of this month, and agreed something by end of September.

I assume that my initial request for a settlement qualifies as engaging, but I'm sending a follow up letter to confirm engagement and effectively extend the time I have to decide for a few months.