HMRC enquiries for EBT schemes through SANZAR

[varunksingh]

Jbryce why will the rangers case not apply?
Even Boyle case also apply a tiny miny little bit when ToAA is discussed

[ireland2013]

ToAA

Jbryce why will the rangers case not apply?
Even Boyle case also apply a tiny miny little bit when ToAA is discussed

Does this apply to all offshore EBT?Transfer of assets abroad: contractors and EBTs

[varunksingh]

Does this apply to all offshore EBT?Transfer of assets abroad: contractors and EBTs

ToAA is what HMRC wants to apply to all EBTs and Boyle's case has not done us any favors but some points to keep in mind
1) Many points related to ToAA were not even discussed in Boyle's case - thus HMRC in court cannot refer to Boyle's case for those arguments.
2) If courts agree that EBT loans are loans and not income as HMRC wants to argue, even after applying ToAA tax will be much low as benefit of ToAA with only getting a loan not getting full loan amount as income

[jbryce]

bite down hard

Does this apply to all offshore EBT?Transfer of assets abroad: contractors and EBTs

Ok, to quote the lawyer I spoke to "The Boyle case has a superficial resemblance to the current crop EBTs" and he'd be surprised if HMRC tried to use this in an FTT to oppose the Sanzar scheme. The scheme Boyle used was totally bonkers. Another tax specialist even went so far as to state that some EBTs, managed correctly, would probably not have been pursued by HMRC to a tax court.

This, of course, is all irrelevant as, under the proposed rulings, APNs can be issued against the Sanzar DOTAS number.

I'm not paying for any more advice, but my lawyer did raise one point that, HMRC are probably dreading the nightmare scenario of having to fight some of these schemes in court with the possibility of losses.

As for Rangers - well it's only going to be relevant to which ever side wins, but it does illustrate that HMRC doesn't always get its own way in front of a court.

[DotasScandal]

I'm not paying for any more advice, but my lawyer did raise one point that, HMRC are probably dreading the nightmare scenario of having to fight some of these schemes in court with the possibility of losses.

Can totally see that happening.
The current climate might well be favouring "anti avoidance" decisions, but that is still one hell of a gamble HMRC are making with this nuclear option of essentially forcing all schemes to court.
Thay have probably estimated that a high percentage of schemes will simply fold and dissapear, leaving their former users in the dust, and that the day in court will never happen.
But I am hopeful for a few surprises...

[PC1976]

Private forum

** UPDATE 21 Dec 2013 - Please PM me if you are interested in joining the Sanzar private forum **

Hi Old Kent Road, tried to PM but as I'm a new memeber not sure I can yet, please can I join privat forum? if you can maybe try to PM me we can exchange.
Thanks

[TonyTucker]

Anyone know the Dotas number for the 2008/9 scheme?

[MrO666]

Looks like winter is coming.........

Will be interesting to see how HMRC handle the 1000's of people who have no way to pay these APN's.

https://www.gov.uk/government/upload..._July_2014.pdf

[tax is taxing]

sanzar

Looks like winter is coming.........

Will be interesting to see how HMRC handle the 1000's of people who have no way to pay these APN's.

https://www.gov.uk/government/upload..._July_2014.pdf

I see both Sanzar and Edge scheme numbers......

[MrO666]

Some people are going to be in serious trouble when these start hitting the doormat.

From what I hear HMRC are saying they're going to be issuing these APN's over 22 months, so I guess it depends if you're lucky or unlucky in the pecking order.