HMRC Enquiry letters on Loans from EBT and other schemes

[Old Kent Road]

Self assessment statements

Well I was wondering why I hadn't received the generic response to my appeal letter that others have said they received and today I got a self-assessment statement which had added interest to the original amount!

I believe someone said to watch that the left and right arms of HMRC don't always know what eachother are doing, but I am mightily peeved! I sent my appeal letter by Special Delivery and they would have received it 5 days before my appeal deadline date.

I recall that others got a generic response from their appeal letters quickly (i.e. within 5 working days).

I will obviously get int touch with Ms Stopps office tomorrow, but if anyone else has any other advice please let me know. I am getting nervous about the interest being added :fr

You can check your appeal has been received just by phoning HMRC. If it helps you sleep tonight (hopefully) you can also check your self-assessment online portal for 08/09 year which should be updated a few days after HMRC receive and accept your appeal. The 08/09 update in the online portal is a bit buried but it's there, the tax (allegedly) due for 08/09 tax year is subtracted back off the assessment by an "adjustment" marked as "suspended on appeal".

I too received the self assessment statement a few days ago, and it also shows the tax still due, plus interest, but the statement date is 26 Feb! This predates the appeal acceptance letter by a few days, so may well have reflected my account position on 26 Feb.

[good1]

HMRC Enquiries for EBT Loans from Cascade London

Could I please get Private Message rights so I can join the Cascade group?

<admin note - done! />

[Mickeynz]

Can I get PM RIGHTS as well please

I ask all of you to read up on what a discretionary Trust is...

Discretionary trusts
These are where the trustees can decide how to use the trust income, and sometimes the capital.

Depending on the trust deed, trustees can decide:

• what gets paid out (income or capital)
• which beneficiary to make payments to
• how often payments are made
• any conditions to impose on the beneficiaries

If HMRC is stating that they are liable to tax then the entire Trust Industry is affected.

Its enormous implications, as it affects so many industries and products.

Also note:

"It is the responsibility of the trustees to declare and pay any Income Tax due."

Any legal argument from HMRC is not allowed if they are trying to state that the legal entity of a Trust is invalid, however in the Murray Group v HMRC tribunal they agreed that it is legal and loans made by discretionary trust are valid. So its not legality that is being but seems to be how its administered?

I would also like to join Michael j Perry in London if a Q&A Session is set up.


Thanks

[Krung Thep]

Well I was wondering why I hadn't received the generic response to my appeal letter that others have said they received and today I got a self-assessment statement which had added interest to the original amount!

I believe someone said to watch that the left and right arms of HMRC don't always know what eachother are doing, but I am mightily peeved! I sent my appeal letter by Special Delivery and they would have received it 5 days before my appeal deadline date.

I recall that others got a generic response from their appeal letters quickly (i.e. within 5 working days).

I will obviously get int touch with Ms Stopps office tomorrow, but if anyone else has any other advice please let me know. I am getting nervous about the interest being added :fr

I too hadn't received an acknowledgement from my appeal letter so I called them yesterday on the 0300 number given on the assessment letter. They said they were inundated with appeals and it would take a month for them to respond to everyone.

[Penguin]

Everyone will get a statement I am sure, you just received yours before the letter of reponse to appeal. Presumably you sent your appeal by recorded delivery?

The statement only tells you what you will be able to calculate yourself based on the original assessment letter. If it's making your nervous then that's what they want; in the hope you fold and pay up!

Yes I paid £6 to send it Special Delivery and it was delivered the next day.

Certainly is making me nervous! So glad I have this forum at the moment to give me strength!!

Thanks

[DonkeyRhubarb]

I too hadn't received an acknowledgement from my appeal letter so I called them yesterday on the 0300 number given on the assessment letter. They said they were inundated with appeals and it would take a month for them to respond to everyone.

HMRC are an utter shambles and I fully expect them to mismanage this spectacularly.

[Penguin]

Old Kent Road and Krung Thep - thank you too for the reassurances.

[Erhaab]

Estimated additional taxable income amount

I've been trying to reconcile the estimated additional taxable income within my notice of assessment letter as it is significantly larger than the loans I actually received in 2008/2009.

It seems HMRC calculation is the total of loans received prior to 2008/2009 and doesn't include any of the loans I did actually receive in the year. Curious as my letter quite clearly says ''sums that you received during the year". Does anyone else have the same experience?

[bstar1]

I've been trying to reconcile the estimated additional taxable income within my notice of assessment letter as it is significantly larger than the loans I actually received in 2008/2009.

It seems HMRC calculation is the total of loans received prior to 2008/2009 and doesn't include any of the loans I did actually receive in the year. Curious as my letter quite clearly says ''sums that you received during the year". Does anyone else have the same experience?

I don't even have a clue how they got to my figure and even if it was for one year or all the previous years include and at what %

[Shrek77]

I don't even have a clue how they got to my figure and even if it was for one year or all the previous years include and at what %

My response states the figure is an estimate based on the PAYE figure they have. With a multiple of 7.

It does say they will recalculate if proof of figures received are available , which I don't have!