HMRC Enquiry letters on Loans from EBT and other schemes

[DotasScandal]

Jez,

That's really good - glad some MPs are sitting up and listening. Mine is ex Treasury and is following the party line (Tory) so doesn't want to meet face to face. I'm waiting for his response to my last email, but always (not sure if all do) responds formally by snail mail. His support team reply by email to say he's responding.

Pretty sure I'll get nothing from him, but making sure he is fully aware what APN and follower notices really mean to those impacted.

Dezze.

You also might want to make sure he is fully aware that you won't be voting for him in next year's GE, as punishment for his vile and cowardly avoidance technique of refusing to meet you face to face (which amounts to disregarding your concerns). And that you will actively campaign to encourage everyone you know to do the same.

Well, that's what I would do.

It's a little bit late now to discourse over APNs, since the Finance Commitee has finished "debating"....

[dezze]

For those with an assessment where they were on a scheme for only part of the year (say 6 months), has hmrc calculated the amount accurately? (Or at least ballpark).

[Jez123]

Dezze I doubt it, I've had 2 assessments so far and neither is very accurate.

[dezze]

Dezze I doubt it, I've had 2 assessments so far and neither is very accurate.

They'd better be damn sure when they issue APN's on them. The backlog of disputed amounts will totally clog up the system - not sure if the max 120 days (90 + 30 appeal if timed right - if I've got that right) is going to be enough.

[Penguin]

They'd better be damn sure when they issue APN's on them. The backlog of disputed amounts will totally clog up the system - not sure if the max 120 days (90 + 30 appeal if timed right - if I've got that right) is going to be enough.

I don't think they'll care will they? It will be pay up now and argue the facts later won't it?!

[dezze]

I don't think they'll care will they? It will be pay up now and argue the facts later won't it?!

Probably right....

[DonkeyRhubarb]

There is very little right of appeal in the legislation but one specific provision is that the taxpayer disputes the amount of the APN.

HMRC are due to publish a list of affected schemes before the bill receives royal assent, which should be this month. This will give people advance warning if they're in the firing line.

If you want to drag things out as long as possible, after receiving an APN, then wait until near the end of the 90 days before lodging an appeal against the amount. (And don't forget to post it recorded delivery so you have proof that you sent it.)

If HMRC base APNs on estimated figures then there are going to be a lot of appeals which will clog up the system.

[DonkeyRhubarb]

PS. there is another reason to stall for as long as possible

We are expecting a Judicial Review and this could suspend AP until the case has been decided in the courts.

HMRC may put the issuing and enforcement of APNs on hold while a JR is pending.

At the moment this is pure speculation but it's a possibility, so it's worth buying for time.

[Penguin]

PS. there is another reason to stall for as long as possible

We are expecting a Judicial Review and this could suspend AP until the case has been decided in the courts.

HMRC may put the issuing and enforcement of APNs on hold while a JR is pending.

At the moment this is pure speculation but it's a possibility, so it's worth buying for time.

Thank you I have been debating (with myself) over whether to just find a way to pay, but the injustice of it all makes me so angry that I can't quite bring myself to capitulate to their bullying tactics and unfair legislation changes.

[DonkeyRhubarb]

Settling?

I have been debating (with myself) over whether to just find a way to pay

I can understand why people might consider settling to draw a line under all of this but I can't see many other advantages.

There could even be pitfalls.

If you offer to settle now, HMRC are likely to take a much closer look at your affairs to ensure they have assessed all years and the full amounts due. You are very unlikely to get better terms, and you will have to pay interest in addition to tax.

If you wait to receive APNs then you can appeal if you believe the amounts are too high, and you won't have to pay interest. The interest will be frozen and would only become due if a case ever gets to court and HMRC wins.

I'd be interested to hear if anyone can think of any benefits for settling.