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HMRC enquiries for EBT schemes through SANZAR

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    Originally posted by Rex Munday View Post
    Yes, but they can do that on a whim right?

    I received a notice of assessment last year related to a discovery for the tax year 2008-2009. I appealed but will that now automatically become due?
    If this becomes law, then yes I think it will become due.

    If the assessment is wrong, then you can force HMRC to amend it (providing you can show them evidence of what it should be).

    Comment


      2008/09 rush

      Originally posted by DonkeyRhubarb View Post
      You bet. All the way back to 2004.

      What I don't understand is why did HMRC bother to rush out the 2008/09 assessments (to be within the 4 year cut off window) if this is going all of the way back to 2004.

      Comment


        Originally posted by sl4 View Post
        What I don't understand is why did HMRC bother to rush out the 2008/09 assessments (to be within the 4 year cut off window) if this is going all of the way back to 2004.
        Because they hadn't thought this one up this time last year.

        It is completely outrageous.

        Comment


          Because otherwise their window would have closed and they couldn't request the money up front....

          There is still the question of whether the discovery notices were legal if everything was disclosed on your tax return.

          Comment


            Originally posted by sl4 View Post
            What I don't understand is why did HMRC bother to rush out the 2008/09 assessments (to be within the 4 year cut off window) if this is going all of the way back to 2004.
            Because they can only issue an accelerated payment notice if they have opened an enquiry or raised an assessment.

            Comment


              Originally posted by DonkeyRhubarb View Post
              Because they can only issue an accelerated payment notice if they have opened an enquiry or raised an assessment.
              So what's the position with regards to DOTAS registered schemes which to date HMRC haven't either raised an enquiry or issued an assessment (but are still well within the 4 year window) ?

              Are HMRC now saying that if ANY scheme is DOTAS registered (even if it was registered today), then they will be demanding up front tax ? Or is this legislation aimed squarely at dealing with existing open enquiries and assessments ?

              Comment


                My understanding is it is only if you have a open enquiry, which for most "aggressive" schemes happened as a matter of course. If within the 4 year window it would be in HMRC to open a discovery notice, although there are arguments to say these are actually not legal if full disclosure was given!

                Comment


                  Originally posted by costo View Post
                  My understanding is it is only if you have a open enquiry, which for most "aggressive" schemes happened as a matter of course. If within the 4 year window it would be in HMRC to open a discovery notice, although there are arguments to say these are actually not legal if full disclosure was given!
                  Thanks for this.

                  However, if this were to become law today, could they then open tomorrow a DA etc based on a DOTAS registered scheme (which they had never previously opened), and then demand up front payment ?

                  Comment


                    Originally posted by MrO666 View Post
                    Thanks for this.

                    However, if this were to become law today, could they then open tomorrow a DA etc based on a DOTAS registered scheme (which they had never previously opened), and then demand up front payment ?
                    Yes, subject to the time limits on DAs.

                    Comment


                      Originally posted by DonkeyRhubarb View Post
                      Yes, subject to the time limits on DAs.
                      So what they're basically saying then, is the inclusion of a DOTAS number on a self-assessment will almost definitely result in the taxpayer being told to pay up, even before HMRC have even looked at what the scheme is or the hallmarks of it ?

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