Edge EBT thread

[DKB]

Apologies! In my excitement of getting a brown envelope and having had a few really hard weeks at work, I negkected to put the word 'notice' in my post.

It was only the notice I've received. Sorry.

I'll update when I have more information

[fielder]

Apologies! In my excitement of getting a brown envelope and having had a few really hard weeks at work, I negkected to put the word 'notice' in my post.

It was only the notice I've received. Sorry.

I'll update when I have more information

Thank you for updating, clarifying and coming back to us.

[administrator]

Hello, I was also with Edge/ Norla a few year back, please can I also have PM access, thanks.

You now have PM access.

[administrator]

Hello, I'm a former EBT client. May i please have PM access.

Sorted.

[Michael J Perry FCA]

Some things to check if you receive an apn

If you receive an APN you might want to check the following things:

The APN will reflect the amount of tax on the relevant assessment or may be an estimate if you have an open enquiry (compliance check). If your loans are estimated, then the APN will be wrong and you should consider making representations about this.

If you need time to pay, making an arrangement within 90 days will stop HMRC charging the late payment penalties.

You should also check that any discovery assessment or enquiry into a tax return was commenced legally. We have several cases where assessments have been set aside or the enquiries closed because the assessments were issued too late or the enquiry was started outside the period allowed. This invalidates the APN.

I hope this helps.

[parallelmonogamist]

Guys, sorry to hark on again, but a couple of us could do with some advice (me and a previous poster):

1. I have a settlement letter but nothing else yet; no APN etc. Should I join one of the accountant-led groups anyway or wait for the APN to arrive?
2. What's the consensus, is it best to ask them for a settlement calculation or ignore it until they do it themselves in Sep or whenever? To keep under the radar, so to speak.

Much obliged,

Ferg.

[dangerouswhensober]

Guys, sorry to hark on again, but a couple of us could do with some advice (me and a previous poster):

1. I have a settlement letter but nothing else yet; no APN etc. Should I join one of the accountant-led groups anyway or wait for the APN to arrive?
2. What's the consensus, is it best to ask them for a settlement calculation or ignore it until they do it themselves in Sep or whenever? To keep under the radar, so to speak.

Much obliged,

Ferg.

In answer to your point (1), my opinion:

(a) Before the APN arrives (i.e. NOW), check whether your scheme provider or any other party has formed a group to fight on behalf of that scheme. If so, get the details and (if appropriate) then join that group - the legal parties for that group will use the specific terms of that scheme to challenge HMRC - and all schemes are slightly different - some may have more basis for challenge than others.

(b) If there is no group for your scheme, when the APN arrives (and assuming you want to either fight HMRC or delay any action, or both) then consider joining the Saleos group - this is a generic challenge to APN notices by way of Judicial Review - as I understand it, if you are named on the JR then your APNs MAY be put on hold by HMRC - the Saleos link is here:
http://forums.contractoruk.com/hmrc-...al-review.html

(c) You might also want to consult a specialist tax lawyer - most will give an initial consultation (say one hour) for free, but any action after that it could get expensive for you.

(d) And, for the long term, consider joining 'The Big Group' - this is a longer-term challenge to HMRC - fuller details are in post #1 here:
http://forums.contractoruk.com/hmrc-...big-group.html

In answer to your point (2), my opinion:

No harm in asking for a settlement calculation now - I (any many others) did this - getting a calculation does not oblige you (or HMRC) to settle - and if the figure turns out to be different to the figure on the APN (when it arrives) then that itself could be a basis for appeal. (It also ties-up HMRC resources and gives them more opportunity to make mistakes, which is never a bad thing :-)).

Disclaimer - I am not a lawyer - I am a contractor in a similar position to yourself - the above is a distillation of advice already posted elsewhere on these boards. If a recognised tax adviser posts different advice, please listen to them ...

I hope this helps

[parallelmonogamist]

Many thanks Dangerous, sage advice.

I gather the Norla/Edge group is the29ers, or is there another more official one?
The first post of this thread has The Dandy and Saleos too. It's hard to know which to go for without trawling through hundreds of pages!

I'll contact them and get one of their work experience guys to crunch my numbers.

[evildrome]

Time limit?

You should also check that any discovery assessment or enquiry into a tax return was commenced legally. We have several cases where assessments have been set aside or the enquiries closed because the assessments were issued too late or the enquiry was started outside the period allowed. This invalidates the APN.

I hope this helps.

Well, yes. It would. I was under the impression that all APN's for DOTAS schemes were immune from all 'lateness' queries due to HMRC deciding that they were immune in a 'yah boo sucks, because we say so' stylee.

Would you care to elaborate on what constitutes 'issued too late' or 'outside the period allowed' or possibly point me to information so I can do my own research.

Many thanks!

Evildrome.

[Michael J Perry FCA]

Time limits

Well, yes. It would. I was under the impression that all APN's for DOTAS schemes were immune from all 'lateness' queries due to HMRC deciding that they were immune in a 'yah boo sucks, because we say so' stylee.

Would you care to elaborate on what constitutes 'issued too late' or 'outside the period allowed' or possibly point me to information so I can do my own research.

Many thanks!

Evildrome.

Look up time limits for discovery assessments and compliance checks on the hmrc.gov.uk website.

Time limits for discovery assessments also depend on whether a DOTAS or other adequate disclosure was made on the relevant Tax Returns.

Time limits for compliance checks can also vary if the Tax Returns were submitted late.