HMRC Enquiry letters on Loans from EBT and other schemes

[AztecPaul]

Furthermore I have checked back and have a letter from HMRC stating that they are merely checking to make sure that I paid the appropriate tax with respect to the approved scheme.

This is definitely a generic letter for people who have "under investigation" applied to their HMRC accounts.

If you do intend contacting them I would ask them to provide specific details pertaining to your case. Don't be surprised if this is not forthcoming any time soon

[jamesbrown]

I was part of an approved HMRC scheme.

There's no such thing:

HM Revenue & Customs: Avoidance schemes currently in the spotlight

[AztecPaul]

If there is no such thing then why do I have a letter from HMRC stating that under the terms of your HMRC approved scheme.

I was in it for 2 tax years and in the second year after negotiations with HMRC the amount of PAYE was increased and I have letters to that effect also

[jamesbrown]

If there is no such thing then why do I have a letter from HMRC stating that under the terms of your HMRC approved scheme.

I was in it for 2 tax years and in the second year after negotiations with HMRC the amount of PAYE was increased and I have letters to that effect also

I know HMRC aren't well known for being logical, but it would make absolutely no sense for them to "approve" an avoidance scheme. As they've stated themselves, they never approve any schemes. I expect all that letter is telling you is that the scheme has complied with its legal obligations under the DOTAS rules and has a SRN. Either way, best of luck to you.

[varunksingh]

They have cited Boyle - a total basket case scheme which bears little or no resemblance to to many contractor EBTs, but they fail to mention Rangers - which resembles a lot more. It is highly unlikely that they understand the details of the individual contractor related schemes and it is equally unlikely that they will survive a concerted and organised defence.

They can only attempt to apply Boyle (lost at an FTT), but it is not a slam dunk as each EBT would be fought on its ...

They are citing Boyle because they are moving away from loans were not loans argument. Instead they want to rely on ToAA. Under ToAA even loan will do the trick for them. Problem is Boyle had a weak case and HMRC included ToAA to get a weapon in hand. Like EBT once ToAA is properly challenged HMRC will lose flat out. HMRC knows this and is therefore preparing IHT tulip which no one knows what it is about

[AztecPaul]

If they had not approved it, why did they renegotiate PAYE rate paid in year 2 when I was part of the scheme?

[BMWMAN]

ASMG / White Collar

Hi, I received a letter from HMRC advising about counter avoidance up to April 2011, since I was with Network One umbrella scheme from March 2008 to Mar 2012 I can assume they must be relating to ASMG for two year from 06 to 08, and do think I remember receiving a letter about my tax return but never heard anything again. ASMG advised the scheme had a unique tax reference and had the back of a top QC and a top accountancy firm, but since then ASMG appear to have dissolved as do White Collar Consulting. So where does this leave me? Do I confront HMRC and hear what they have to say or remain silent until further questions are asked. I don't understand how I was advised the tax couldn't be asked for retrospectively during these times but now find HMRC are able to backdate the tax owed. I have spent the best part of the day examing every website I could find and am none the wiser. Anyone got anything they could add. I see White Collar Financial (who are still active) may be related to ASMG and White Collar Consulting. Also I remember receiving payments from Tenon and Marra, Tenon of which still appears to be active.
What happens do I contact White Collar Financial in the hope they can send a letter to HMRC advising the loan scheme was legitimate?

Mod Note. Please read this post. http://forums.contractoruk.com/hmrc-...ml#post1719202 We have been inform that there is NO relationship between White Collar Financial Ltd and any other White Collar Consulting or ASMG companies.

[AztecPaul]

I think it is worth reflecting on the following points.

If HMRC had a water tight case against contractors being sent letters regarding settlement by Jan 2015, do you not think they would have just issued notice that the following tax is owed in e.g. tax year 2006-2007?

In my case after 7 tax years and opening a file back then, they have yet been able to find a single reason to enforce repayment of tax.

The notion that they can demand payment before any dispute over the efficacy of the scheme is resolved suggests that in reality the legal case is weak and they are banking on people paying up or not having the legal recourse to dispute the claims against in any subsequent tribunal.

[doordarshini]

Lets get together and fight

One of the reason HMRC never touch corporates like google is they have good lawyers to defend. If at least 1000 of the 16000 people come together also we can win the case.

Lets start something to fight.

[tax is taxing]

Hmrc letter

Yeah looks like a mass mailing, my guess is everyone got one

Yeap, received mine. It's interesting that BOYLE Vs HMRC has been used as a reference.....

Jan - settlement deadline .

HMRC seems to believe that contractors are sitting on A pile of cash...