HMRC enquiries for EBT schemes through SANZAR

[eek]

Maybe it's a further tactic by HMRC to get people to stump up before the APN's etc, and to avoid potentially more ?

Nope, you forget that there are a large number of NI avoidance schemes that APN is expected to attack..

The APN measures cover a lot of different taxes...

[MrO666]

Nope, you forget that there are a large number of NI avoidance schemes that APN is expected to attack..

The APN measures cover a lot of different taxes...

Ah ok.....I wasn't aware of such to be honest.

[LisaContractorUmbrella]

I would have thought that any scheme which is determined to have avoided income tax i.e. a tax on employment income would also have avoided NIC's

[MrO666]

I would have thought that any scheme which is determined to have avoided income tax i.e. a tax on employment income would also have avoided NIC's

Maybe so, but until they change the law I guess that can't even attempt to claim it.

I'm pretty sure if they had any claim to it (or intention to try and claim it) they would have made sure everybody knew about it by now.

[TheDandy]

Maybe so, but until they change the law I guess that can't even attempt to claim it.

I'm pretty sure if they had any claim to it (or intention to try and claim it) they would have made sure everybody knew about it by now.

But they never know how far back the Tardis is going to go until they decide it needs to go back.

[eek]

I would have thought that any scheme which is determined to have avoided income tax i.e. a tax on employment income would also have avoided NIC's

Yep but there are explicit NI schemes that the Government want to catch. I remember newspaper articles regarding supply Teachers and Nurses being supplied via offshore companies (Guernsey) to avoid NI payments...

[LisaContractorUmbrella]

Maybe so, but until they change the law I guess that can't even attempt to claim it.

I'm pretty sure if they had any claim to it (or intention to try and claim it) they would have made sure everybody knew about it by now.

See my earlier post - they are intending to claim it under TAAR - it just doesn't seem that it will be applied to cases already settled - only those which are outstanding. We will need further clarification and obviously things could change but that's the way it seems to stand at the moment

[Michael J Perry FCA]

Voluntary settlement with HMRC

Now is perhaps a final opportunity to consider and, if appropriate, start voluntary settlement negotiations with HMRC to possibly avoid National Insurance, penalties, Follower and Accelerated Payment Notices.

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[jbryce]

OFFS

Now is perhaps a final opportunity to consider and, if appropriate, start voluntary settlement negotiations with HMRC to possibly avoid National Insurance, penalties, Follower and Accelerated Payment Notices.

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>avoid National Insurance, penalties, Follower and Accelerated Payment Notices.

....NICs do not, at present, apply.
Future legislation relating to NICs will be unlikely to impact our existing cases. If they do - they could be applied retrospectively to even settled cases.

>avoid National Insurance, penalties, Follower and Accelerated Payment Notices.
how does one avoid them? I spoke to HMRC last week who stated that, if APNs are paid within the 90 days, then penalties will not apply. Have I/they missed something?

>avoid National Insurance, penalties, Follower and Accelerated Payment Notices.
If you pay now, then you won't get the FN or APN. But you won't save any money either.

Can you give an example, with numbers, of what the implications are?
For example if HMRC estimate I owe £30,000 from 2009-2010 what are the implications of NOT negotiating now?

[MrO666]

If somebody really wants to settle with HMRC, then there's definitely no need to employ the services of people such as Mr M J Perry. Why on earth would you pay somebody like him £1000's, if you were just going to send HMRC the correct figures ?

He won't be able to get you a preferential settlement no matter what he says.

Remember boys and girls, HMRC DO NOT negotiate when it comes to tax debts. They may negotiate on how and when you pay it to them, but they cannot and will not budge from the figure you owe (should you agree that you owe anything). Years ago HMRC would do deals behind closed doors, now they have to be able to justify every settlement they agree to, and trying to explain that the taxpayer owed £50k and HMRC accepted £25k isn't going to be easy.