HMRC Enquiry letters on Loans from EBT and other schemes

[Woods1969]

What Next

What is best course of action next then? I have an open appeal so the argument is HMRC won the Doyle case but lost the Rangers appeal. I would say the scheme I was in was more similar to Rangers EBT scheme. Considering the fact that follower notices and APN can be issued if a similar case was won. If I get a follower notice can we say no based on the Rangers win?

Seems like it is time to go on the offensive now!!

[retrodeath]

Issue the APNs already. Let's get this show on the road. Sooner it starts the sooner it finishes. I have limited funds, probably 200k short of what they want. I'd prefer to avoid bankruptcy but it's difficult to see how. If they put me in a corner what do they expect? I can't magic money out of thin air.

What is the the role of judicial reviews/ class actions etc in this? APNs will go out shortly, given the courts I can't see anything legal impacting the 90 day time to agree/pay period?

[squeezedmiddle]

It might be game over

I have been under investigation for a couple of years. As the owner of a business we legitimately set up the EBT scheme in place of a pension scheme. We paid income tax, corporation tax, VAT - and the monies in my case from the pension were not used to fund a lavish lifestyle but to fund another business - which in turn employed salaried individuals who paid income tax on their income and the company paid NI/Paye - so ultimately HMRC got their hands on the funds anyway - I just employed another 10 people in the process. Now they want it all, which in turn will result in the closing of the two businesses and the loss of 20 jobs. When discussing this with HMRC the attitude is and continues to be that we avoided tax and we must pay the penalty. Perhaps we were naïve to implement a tried and tested EBT in place of a pension scheme and have to pay the price. But you would think that in the event the scheme is judged as an avoidance ( we are similar to rangers but better) then the tax take should allow for the company to restate its accounts and pay as we would have done, the income as dividends not salaries. but in their wisdom HMRC want to persecute the small business owner as they know they cant fight whilst on the other hand settling deals with the large banks like JP Morgan at marginal rates of 30% (ish)
Even with the rangers win my HMRC contact now knows that he can demand the money and await to see if I can afford to challenge so he has now slowed down his contact with me. If anyone else has a business that is also going to suffer please get in contact - I think there is still some pr we can use to get treated as fairly as they treated the banks !!!

[LandRover]

Will Cameron's reshuffle help?

David Gauke is promoted to Financial Secretary to the Treasury!!!

Priti Patel, a member of the pro-markets Free Enterprise group who supports the death penalty, is the Exchequer Secretary under George Osborne

[ads1980]

Just out of interest, does anyone know the SRN used by Rangers? I know Rangers won that case in the end but it would be interesting to see if the SRN for the scheme they used is still on the list published by HMRC?

[Rob79]

Interesting point from the weekend press about APN's.

Apparently HMRC will be writing to recipients around 2 weeks prior to the issue, to warn them of the issue.

Seems a bit pointless frankly but perhaps that first letter might contain more material, such as "Do you want to settle?"

I have no intelligence that it will, just speculating.

[Not Losing Any Sleep]

Just out of interest, does anyone know the SRN used by Rangers? I know Rangers won that case in the end but it would be interesting to see if the SRN for the scheme they used is still on the list published by HMRC?

I'm pretty sure that the Rangers EBT/RT scheme was not a DOTAS scheme. HMRC has been led down the garden path by some highly paid lawyers who must be salivating at the fees they will charge HRMC once this gets going.

[Rob79]

https://www.gov.uk/government/public...front-payments

Important to read the above.

HMRC will give notice of issuing a Notice.

Could also imply that nearest APN is perhaps 6 to 8 weeks away.

[retrodeath]

Wonder if this is to draw a line in the sand, after which the spending of money will be frowned upon.

[Rob79]

Mr Retrodeath, it may be that your cynical take on the HMRC potential actions is correct but as I've mentioned elsewhere, it is probably not in the interests of the agency to bring several hundred or thousand to bankruptcy, not least because of the cost and the fact that they will receive far less than the target the politicians have set.

I do think that moving significant assets or cash once notice of the notice is given will be ignored in setting up a time to pay arrangement but as of now, HMRC has no power, without going to Court, to seize assets or cash.