HMRC Enquiry letters on Loans from EBT and other schemes

[BrownOwl]

Now that my previous post has been validated - viz Rangers losing major case. Who is the sad act now ? I pity you ... Please seek some major help . You genuinely need it .. No Disrespects .

Do you know this ruling affects the tax liability of Rangers employees?

[TheHat]

Now that my previous post has been validated - viz Rangers losing major case. Who is the sad act now ? I pity you ... Please seek some major help . You genuinely need it .. No Disrespects .

Personally I don't need any help, but whatever the Rangers result you're still a sad act.

[webberg]

Now that my previous post has been validated - viz Rangers losing major case. Who is the sad act now ? I pity you ... Please seek some major help . You genuinely need it .. No Disrespects .

Yes, HMRC has won the case and the result is that the EMPLOYER is liable to tax.

I suggest that far from being "validated", your previous post has been further damaged.

Unless HMRC can transfer liability from employer to employee in the Murray Group case, they will be forced to accept a percentage of their demands with the rest of the creditors in the liquidation. I have not studied the facts around each individual, not available to the public, but I would be surprised if a transfer of liability happened and individuals received demands that forced them to pay.

[RajaStyle]

Why do you care if people pay or not? You come across like a bit of a sad act.

+1

[cojak]

Please be aware that this forum is moderated.

@Golddustz147 and TheHat - I do not expect this spat to go any further.

[RajaStyle]

Links

https://you.38degrees.org.uk/petitio...-retrospective

Retrospective Taxation - Contractor Weekly

[backrubber]

Actinium Management Limited / AML

I received three enquiry letters from HMRC relating to Actinium Management Ltd for the FYs 2004-2005, 2005-2006, and 2006-2007. Apart from receining the letters, I have heard nothing from HMRC since then.

On occasion, over the years, I have contacted one of the directors of Actinium to see if he has heard anything from HMRC regarding the enquiries (I understand other contractors also received enquiry letters for the same period). My understanding is that there has been no contact with HMRC on the matter since about 2010.

Does anyone reading this post have any information to add to this? Have any other contarctors had more recent contact with HMRC re: Actinium?

[BrilloPad]

I received three enquiry letters from HMRC relating to Actinium Management Ltd for the FYs 2004-2005, 2005-2006, and 2006-2007. Apart from receining the letters, I have heard nothing from HMRC since then.

On occasion, over the years, I have contacted one of the directors of Actinium to see if he has heard anything from HMRC regarding the enquiries (I understand other contractors also received enquiry letters for the same period). My understanding is that there has been no contact with HMRC on the matter since about 2010.

Does anyone reading this post have any information to add to this? Have any other contarctors had more recent contact with HMRC re: Actinium?

What sort of enquiry letter was it?

In general, once an enquiry has opened, it will last forever. You will probably hear nothing from HMRC until 2020. Assuming the 2019 legislation goes ahead (unlikely after the General Election and Murray decision).

[backrubber]

What sort of enquiry letter was it?

I would have to fish out the letters to see exactly what they were. The first was different to the second and third - I remember that. The first was more along the lines of "we are enquiring into your tax return", whereas the second and third were more "we intend to look into you tax return".

All three related to dividend payments - the Actinium scheme was not an EBT / loan scheme.

Like anyone, I don't like having this hanging over my head and would like to resolve it one way or another. The scheme was insured by QDOS consulting and I still have insurance with them, so I might (should) be covered anyway.

I might contact QDOS to see what they think.

[BrilloPad]

I would have to fish out the letters to see exactly what they were. The first was different to the second and third - I remember that. The first was more along the lines of "we are enquiring into your tax return", whereas the second and third were more "we intend to look into you tax return".

All three related to dividend payments - the Actinium scheme was not an EBT / loan scheme.

Like anyone, I don't like having this hanging over my head and would like to resolve it one way or another. The scheme was insured by QDOS consulting and I still have insurance with them, so I might (should) be covered anyway.

I might contact QDOS to see what they think.

It would depend on the wording. However I have been led to believe that they can take as long as they like. The good news for you is the the schemes were not DOTAS notifiable so they can't issue an APN.

You could contact HMRC and say you want to settle - though the insurance would definitely not pay out. Or get a CTD.

Amusingly Montpelier lost the DTA case partly on the basis they had not acted quickly enough! Its a very one sided relationship - bullying, harassment and intimidation are totally allowed by HMRC. Rather like marriage.

I feel for you - I am 10 years into my fight with HMRC. At least another 10 years to go. I suspect my 2nd marriage is about the same.