HMRC enquiries for EBT schemes through SANZAR

[dezze]

I know for a fact that the following has been happening on a wide scale.

Eg. tax year 2004/5

1) Person files their self-assessment return in January 2006, including a DOTAS SRN in the box on the form.
2) Several months later HMRC opens an enquiry stating that they intend to look into the scheme.
3) HMRC does little or no further investigation but leaves the enquiry open, languishing for years.

If HMRC get the DOTAS proposal then they will be able to issue payment notices to all such persons. They don't need discovery.

I suspect that would be the bulk of the 65,000 open cases.

Do you see how BIG this is?

If there was another user of the same scheme at the same time (in the example above), but an enquiry wasn't opened (for whatever reason), what is the situation?

[DonkeyRhubarb]

If there was another user of the same scheme at the same time (in the example above), but an enquiry wasn't opened (for whatever reason), what is the situation?

This other user would be in the clear because, for 2004/5, it would be too late now for HMRC to even open an enquiry under discovery.

[jbryce]

You may want to read the top post here http://forums.contractoruk.com/hmrc-...ings-news.html I will warn you it's not great news

...actually it's not really any news at all. A ruling either way in the Rangers case isn't binding on EBT users 'either way'. If HMRC win, they will apply pressure for other EBT scheme users to pay; if they lose they will pursue another EBT scheme to use as a benchmark.

The follower notice is more interesting as HMRC may be able to send out payment notices based on the presumption that a scheme is ineffective because, in their view, similar schemes have been shown to be ineffective. Again, it's arguable as to whether the Rangers case is representative of the Sanzar solution. We await the bill with interest......

[dezze]

This other user would be in the clear because, for 2004/5, it would be too late now for HMRC to even open an enquiry under discovery.

That's what I thought - I wanted to check as things seem to be changing around this area at a rate of knots.
Cheers.

[princebuster]

and another

Hi,

Also happy to be involved in pooling resources re Sanzar.

Dear Admin - can I be granted PM rights please?

I received my discovery assessment yesterday and have no idea how HMRC have calculated earnings for the 09/10 and 10/11.
Seems purely hypothetical. They have given me until the end of month to pay in full

Somebody mentioned there is a standard appeal template used by this forum. Could someone please advise how I can access this?
I would like to be represented and it seems that a majority are going with Cobham Murphy.


Thanks in advance.

[princebuster]

To anybody who's been hit for 09-10 and 10-11 assessments, did they come together or as separate letters at different times ?

Mine came stapled together last week...

[MrO666]

Mine came stapled together last week...

.....and were the figures that HMRC say you received in loans remotely accurate, or are they quite clearly incorrect ?

[princebuster]

Hard to say.

[DonkeyRhubarb]

Template letter for responding to HMRC consultation

NTRT have prepared a template letter for people to respond to the consultation. Please alter it in your own words.

Latest News | No To Retrospective Taxation

Some people will say it won't count if everyone sends similar letters but HMRC will have to report to the Minister how many responses they got. So every letter does count.

[MrO666]

Hard to say.

Have you not got your P11D's to reference against ?

I know that many people have received what are clearly nothing better than guesses from HMRC, so just wondered if you were in the same boat or not.