HMRC enquiries for EBT schemes through SANZAR

[Panther]

HMRC powers to raid bank accounts 'could be illegal', MPs told - Telegraph

I'm of the belief that every single MP should be made aware of this, if everyone let their local MP know their feelings on this subject maybe we could bring about a small change.

Search (Find Your MP) - UK Parliament

[eek]

Well that's a start of an amendment, what's the chances of the retrospective DOTAS part of the bill being amended?

Zero, because the entire point of the scheme is

1) to get lines in the sand for future reference
2) attack 15 items at the same time, knowing some will fail (see point 1) while the rest pass due to the opposition only fighting a few of those items due to lack of resources....

[jbryce]

Well that's a start of an amendment, what's the chances of the retrospective DOTAS part of the bill being amended?

Who knows (nil probably), although there's a lot of noise around the follower notice elements of the legislation and it may get challenged at some point. the issues raised by the law society are quite interesting.

It would be fair to say that the follower notices and accelerated payments element of the legislation has been widely criticised, and not just by the Law Society, however this is a political initiative, so it's not going to go away, one would hope that there may be some modifications to reflect concerns raised.

[DonkeyRhubarb]

Campaigning against accelerated payment legislation.

http://forums.contractoruk.com/hmrc-...gislation.html

[MrO666]

All very quiet

It's all gone very quiet on here............I assume HMRC have resisted anymore attacks for the time being then.

[flamel]

It's only quiet because no-one's got anything new to say. That and getting tired of worrying about impending bankruptcy - better to concentrate on getting everything ship shape before that event so that the family will survive. So far nothing anyone has said or done has made any difference to the government's stance on this and very few out of the thousands affected have said or done anything at all.
I would imagine HMRC are lining up APN letters and debt collection agencies as we speak.
That and rolling round laughing.

[jbryce]

It 'aint over.....

It's only quiet because no-one's got anything new to say. That and getting tired of worrying about impending bankruptcy - better to concentrate on getting everything ship shape before that event so that the family will survive. So far nothing anyone has said or done has made any difference to the government's stance on this and very few out of the thousands affected have said or done anything at all.
I would imagine HMRC are lining up APN letters and debt collection agencies as we speak.
That and rolling round laughing.

It's flawed legislation, it may pass, it may get slight amendments- who knows. It will be challenged.

I've spoken to two Bankruptcy practitioners who have indicated that HMRC forcing Bankruptcy on the basis that a scheme is 'similar' will make the Courts very uncomfortable. In essence they will be forcing an individual into a situation that could -subsequent to the tax case being heard after Bankruptcy, be reversed. Even the Law Society is concerned.

Anyway - we have to wait to see how the legislation is shaped and how it is challenged.

[DonkeyRhubarb]

HMRC forcing bankruptcy just because a scheme was DOTAS may sit even less well with a court.

[MrO666]

Whilst the issue of possible APN's is a very real concern, I think some people are missing the key fact here, that whether HMRC try and get people to pay up in advance or not, the main point is HMRC still believe that the Sanzar scheme (among others) is not valid.

I agree entirely the APN's are a crock of tulipe and will be legally challenged, but this still doesn't change the long term fact that HMRC are coming gunning for scheme users. Some they'll win and some they'll loose i'm sure, but one thing I am certain of is that HMRC are very unlikely to say 'ah you know what, lets drop it as we can't be bothered'. HMRC will only drop this if a court says that the scheme is water tight.

APN's or not, anybody already in receipt of an assessment would in my humble opinion be foolish if they're not currently working their finances to deal with the liability at some point in the future.

I'm in the same boat as everyone else on here, and I've started working my finances to make sure I can deal with it at SOME point. If HMRC forces people to pay up in 2, 3, 4 or more years, then anybody who hasn't taken the preceding years to try and at least get some of the money together is again in my opinion foolish.

I think some people peddle false hope on these forums. I really do hope that HMRC drop the issue or the court tells them that the Sanzar scheme was rock solid, but I'm not convinced either of those things is going to happen, and I for one believe that one day, sooner or later, HMRC will come knocking, and at that point I'll be very relieved that I started making plans when I did.

[MrO666]

It's flawed legislation, it may pass, it may get slight amendments- who knows. It will be challenged.

I've spoken to two Bankruptcy practitioners who have indicated that HMRC forcing Bankruptcy on the basis that a scheme is 'similar' will make the Courts very uncomfortable. In essence they will be forcing an individual into a situation that could -subsequent to the tax case being heard after Bankruptcy, be reversed. Even the Law Society is concerned.

Anyway - we have to wait to see how the legislation is shaped and how it is challenged.

I suspect that HMRC will get the legislation they want, which will enable them to issue demands and penalty's for late payment. I don't believe they will attempt to bankrupt anyone though.

That way, they stake their claim and in the event the taxpayer looses, they will also get all the penalty payments too.