Originally posted by Michael J Perry FCA
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HMRC Enquiry letters on Loans from EBT and other schemes
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TRM "correct" appeal template
I’m posting this tentatively as I don’t want to break any rules on confidentiality etc so to the moderators of this forum if there is any doubt over this posting then please delete.
Is there anyone on this forum that used the Talent Resource Management scheme and has contacted a poster on this forum (I shall not name) and received in this person’s words “the correct” appeal and postponement template?
The subtle difference in wording between this template and the template advised by Tax Talk UK concerns me in that it possibly invites HMRC to open up an investigation which then channels one into using the services of the individual concerned.
I’m not entirely convinced that an investigation would be opened up otherwise.Comment
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Originally posted by contr7758301 View PostOne of my friends was thinking about repaying the loan and get Hector off the back. And then reclaim the money in the proper way by billing the operators for services through a LtdCo and paying CT on it. Don't know if it is viable. And also he is yet to talk to a proper tax advisor / Cascade. Will be interesting to know the outcome. Will update once any details emerge.
Can´t do any harm to pay it back in the meantime, and see what they do.I'm alright JackComment
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HMRC's handling of tax avoidance schemes is under intense scrutiny by the National Audit Office and Parliament's Public Accounts Committee, and EBT/loan schemes are very high on the list.
They will be expected to aggressively pursue as much of the estimated £2Bn, that has been lost through ebt/loan schemes, as they can.
For this reason, I wouldn't be surprised if they end up taking cases to tribunal which they know have little or no prospect of success.
PS. in other words, HMRC will want to be seen doing everything they can even if it's ultimately futileLast edited by DonkeyRhubarb; 20 February 2013, 14:25.Comment
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The subtle difference in wording between this template and the template advised by Tax Talk UK concerns me in that it possibly invites HMRC to open up an investigation which then channels one into using the services of the individual concerned.
I’m not entirely convinced that an investigation would be opened up otherwise.Comment
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Originally posted by Chods View PostIf you could back up exactly what this change in wording was then maybe people can make up there own mind. I find it hard to beleive that would be the case.
I have to choose my words carefully but the Tax Talk UK template "disagrees that the amount assessed constitutes taxable income" whereas the other "correct" template doesn't explicitly do this.Comment
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Originally posted by Krung Thep View PostThe subtle difference in wording between this template and the template advised by Tax Talk UK concerns me in that it possibly invites HMRC to open up an investigation which then channels one into using the services of the individual concerned.
I’m not entirely convinced that an investigation would be opened up otherwise.Comment
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TRM and advisor
Greetings All,
New to the thread.
Worked through TRM for about 3 years spanning 4 Tax years.
Received a Special Civil Investigations letter in Tax Year 08/09 for prior years.
Exited TRM. Engaged Gilberts.
Recently received the same 08/09 that everyone else has received.
It goes on!Comment
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Reading material
Even EBT ruling concerning bonuses are deemed okay, so the HMRC appears to be clutching a straws and being pedantic...
Tax appeals likely after bonus rulings - FT.com
UBS wins appeal against HMRC over £100m bonus scheme - New Model Adviser®
It said: ‘In his oral submissions, [HMRC’s lawyer] deployed a kaleidoscopic variety of arguments designed to persuade us, in one way or another, that the FTT’s conclusion on this part of the case, if not all of the reasoning by which the FTT reached it, could and should be upheld. We admire his ingenuity, but are unpersuaded. In our judgment the FTT’s conclusion was in law an impossible one, and there is no proper basis for holding that the scheme fell outside the scope of [the special taxation regime].’
PLC - UBS and Deutsche Bank restricted securities scheme appeals decided by Upper Tribunal (detailed update)Comment
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Originally posted by Krung Thep View PostI’m posting this tentatively as I don’t want to break any rules on confidentiality etc so to the moderators of this forum if there is any doubt over this posting then please delete.
Is there anyone on this forum that used the Talent Resource Management scheme and has contacted a poster on this forum (I shall not name) and received in this person’s words “the correct” appeal and postponement template?
The subtle difference in wording between this template and the template advised by Tax Talk UK concerns me in that it possibly invites HMRC to open up an investigation which then channels one into using the services of the individual concerned.
I’m not entirely convinced that an investigation would be opened up otherwise.Comment
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