HMRC enquiries for Talent Resource Management (TRM) / Cherrylon / Trentburg Schemes

[slatt]

No they told me that they were not registered under DOTAS

Ok thanks Gold, who did you speak to about this and how long ago was it?

If that's right and TRM don't have a DOTAS number does anyone know where that leaves us?

I don't for a second think HMRC will ignore us, but I'm not sure how they'll get their grubby hands on our dosh. As far as i can see they don't yet have a test case they can base follower notices on..... correct me if I'm wrong though!

[convict]

They'll probably try Boyle and transfer of assets and issue follower notices based on that. That's not to say they are right but they'll cherry-pick what does and does not apply

[jbryce]

They'll probably try Boyle and transfer of assets and issue follower notices based on that. That's not to say they are right but they'll cherry-pick what does and does not apply

they'll struggle with that as Bonkers Boyle wasn't really an EBT so not sufficiently similar. They can't say "we used this in another case and it worked" there has to be similarities in the schemes as well. They will resist using Boyle because when it hits court they would fail on the scheme smilarity element. Even then, ToAA isn't as cut and dried as you think. These are my accountants words - and he's not a fan of schemes).
As soon as HMRC start losing FN cases the dynamic would change. T

[convict]

TRM wasn't an EBT and HMRC get to decide what applies and will likely cherry pick the bits they want. It is only when it gets to tribunal that you'll ever get to argue your case regarding ITA 2007 s720-739. In the meantime you'll be 0000s down.
All I'm saying us I wouldn't put anything past HMRC.

[traveller9266]

Does anyone know if Trentburg has an SRN / DOTAS number?

[GOLD1]

Charlie Hemsworth who is the compliance manager in their current guise informed that Cherrylon and TRM were non DOTAS registered very recently

[traveller9266]

Sorry for the stupid Q, but is Cherrylon, TRM and Trentburg the one and same entity?

[convict]

Same promoter/introducer. in the uk (futurelink) and scheme implementer in channel islands (fort group) but different scheme entities

[GOLD1]

Has anyone received an APN advanced payment notice yet? I hear they are imminent!

[Rob79]

According to the HMRC release yesterday, APN's will be launched in August on a rolling 20 month program. The usual scare tactic of issuing a list of close on 1200 reference numbers but then saying in the small print that these "may" get notices.

If you get one - and there must have been a follower notice or DOTAS registration first - you have 90 days to make representations. If you do get one and make a representation (appeals are not allowed) then you are due to pay within 30 days of the response from HMRC.

It's not clear whether you can make more than one representation and if so whether you can make them consecutively rather than concurrently.