HMRC Enquiry letters on Loans from EBT and other schemes

[eek]

Hello, I have also received the letter on loans and I am planning to appeal through a lawyer. If anyone in the forum is approaching through a lawyer, can they please send me the contact? Any help is much appreciated as I am broke with the amount mentioned in the letter. Thanks

For tax you need a tax specialist rather than a lawyer. But speak to the people who created the scheme first as you've already paid for them to fight HMRC (assuming they are still around).

[DonkeyRhubarb]

For tax you need a tax specialist rather than a lawyer. But speak to the people who created the scheme first as you've already paid for them to fight HMRC (assuming they are still around).

WHS

[Indigo]

HMRC enquiries on loan from EBTs - TRM 2008/09

Hi, just thought I'd join the "Talent Resource Management" dissatisfied client base.

I am in exactly the same boat as the likes of bluerover, sky rocket, shevlane, faxmachine, number5, ravman, chods et al.

I was working through TRM and also received the dreaded brown envelope on Fri 8th Feb 2013 for tax year 2008/09.

I actually left TRM in the summer of 2009, a long time before loans from EBTs were officially outlawed, which I believe was announced on 9th Dec 2010, and then officially introduced in the Finance Bill on 31st Mar 2011.

I have received correspondence from Tax Talk UK regarding the initial letter of appeal that we should all use which, pending any other valuable additions that anyone on this thread can recommend, I will send (via recorded delivery) to Hector by 2nd Mar 2013.

I'm happy to re-post the template appeal letter that Tax talk UK sent me but I believe this has already been done on this thread. However, is it worth us all drafting a "final template appeal letter" that we can all use, taking in to account the fact that we do not want to incurr any further interest payments on the amounts that we're supposed to "owe".

Finally, I was just wondering what legal basis HMRC have in trying to retrospectively apply their "disguised remuneration" argument on a scheme that was legal prior to 9th Dec 2010? Surely, this is the crux of the issue and will be decided, ultimately, by the law courts? Until then, all we can do as "innocent victims" is to initially appeal and then basically see what happens.

[Kawa]

Template for the initial letter

Hi all,

A reminder from my previous post that I am in the same camp as bluerover (& many others) :- Talent Resource Management (now Raingold) for tax year 2008/09. However, I think this same set of companies owns Norla, Sanzar, etc.

An update from my side...

Today I also called Raingold, who also referred me to Tax Talk UK. I spoke the principal consultant there, Mark Boardman, who was quick to point out that they are a separate company from Raingold and that I would have to engage them personally (i.e. pay them on a per hour basis). I did explain that a whole bunch of us have received identically worded letters from HMRC on the same date, and he did say that if there are a number of us with effectively identical cases, that he would be open the idea of us pooling our resources and defending this properly. He is an ex-tax inspector who is now a tax advisor, although not a tax lawyer (if it were to go to court).

The process he described was that the initial step is to write the letter saying that you disagree. Then they will typically write back asking for more information. You will then write back with evidence relating to your employment and of the loan. And then it goes back and forward until you reach an agreement, they give up, or you go to court. He agreed to provide me a template for the initial letter for free.

A side note to this, I have noticed on the Tax Talk UK website, that although they say they are a different company from Raingold, that they share the same address. I'm really not sure what the arrangement is here, but I am interested to know Cobham Murphy offer to help you for free? Or is that the initial letter only, and then you have to pay?

Has anyone else had an different advice / experience today?

Hi Shevlane, is there anyway you can upload the initial letter template to this thread? Ta :-)

[DonkeyRhubarb]

Finally, I was just wondering what legal basis HMRC have in trying to retrospectively apply their "disguised remuneration" argument on a scheme that was legal prior to 9th Dec 2010? Surely, this is the crux of the issue and will be decided, ultimately, by the law courts? Until then, all we can do as "innocent victims" is to initially appeal and then basically see what happens.

HMRC are not trying to apply the Dec 2010 disguised remuneration legislation (DRL) retrospectively. Even they can't bend the law that far!!!

As the time they introduced the DRL, they said they would continue to pursue schemes which had operated prior to 2010 because they didn't believe many of them worked.

It's hard to tell whether they are serious or just going through the motions but I'm sure they will be hoping that some people cave in under pressure.

[Indigo]

Loans from EBTs - Talent Resource Management

Hi, this message is only really relevant to all the Talent Resource Mgmnt (TRM) guys who, like myself, feel that they've been let down by the TRM tax advisory service, or lack of.

Looking through some old records, I happened to stumble across details of the TRM tax advisors around 2009 (and possibly before then).

Their details were, for what it's worth, as follows:

Deborah Salter (Group tax advisor) - tel number 01923 xxxxxx
Jayne Mead (Tax return specialist) - tel number 01923 xxxxxx (email: [email protected])

Needless to say, both contact numbers above no longer apply to the individuals named, but may add a little armoury to our case on the grounds of being missold a service perhaps?

Also, interestingly, the above telephone numbers seem to end up being physically routed to an office address in Kings Langley (UK) where there appear to be quiet a number of payroll/salary & tax advisory companies located. Address is:

Kings House Business Centre
Home Park Estate
Station Road
Kings Langley
Hertfordshire
WD4 8LZ

[cojak]

....

I'm happy to re-post the template appeal letter that Tax talk UK sent me but I believe this has already been done on this thread. However, is it worth us all drafting a "final template appeal letter" that we can all use, taking in to account the fact that we do not want to incurr any further interest payments on the amounts that we're supposed to "owe".

.....

Here you go. http://forums.contractoruk.com/accou...ml#post1700318

[Michael J Perry FCA]

That appeal letter again!

I have already offered to supply the correct form of appeal letter to anyone that wants it free of charge, if they only wish to deal with the immediate problem and then decide what to do later.

As you would expect, I need to make reasonably sure that the appeal letter is correct for your circumstances and obtain a simple disclosure undertaking.

For anyone that does not know already, I am a Chartered Accountant tax consultant specialising in HMRC Code of Practice 8 enquiries and Disguised Remuneration schemes. I do not undertake any other type of work.

[Indigo]

HMRC appeal letter

I have already offered to supply the correct form of appeal letter to anyone that wants it free of charge, if they only wish to deal with the immediate problem and then decide what to do later.

As you would expect, I need to make reasonably sure that the appeal letter is correct for your circumstances and obtain a simple disclosure undertaking.

For anyone that does not know already, I am a Chartered Accountant tax consultant specialising in HMRC Code of Practice 8 enquiries and Disguised Remuneration schemes. I do not undertake any other type of work.

Hi Michael,

Can you please email me your draft appeal letter as I already have one from Tax Talk UK? Just simply reply to this message if you could.

Many thanks in advance

[cojak]

...

As you would expect, I need to make reasonably sure that the appeal letter is correct for your circumstances and obtain a simple disclosure undertaking.

And how is Michael going to do that? I don't believe he's clairvoyant.

I would suggest to everyone out there wishing to make use of Michael's generous offer to actually be prepared to do a bit of work and not expect to be waited on hand and foot.

These are your tax affairs, take a bit of responsibility and do something yourself.

Try this.