Edge EBT thread

[DotasScandal]

What do you mean by "pay"? Pay the APN, or make a settlement?

APN of course. If you settle, not seeing your money ever again is not a possibility, it is a certainty.

[PocketCalculator]

APN of course. If you settle, not seeing your money ever again is not a possibility, it is a certainty.

How can you avoid paying the APN?

I wonder if it's worth me approaching them to try to request (without prejudice) some kind of absolute settlement figure with a guarantee of no further future liability. My APNs are for a smaller amount than many on here.

[cliffordthedog]

The use of the term Settlement Offer even angers me. How can it be settlement when clearly it is not full and final, I would have thought the legal people would have already found a challenge for that. It is a one sided 'abusive' contract which I thought was illegal.

The normal remedy for this is that contract is deemed void by a judge and you could walk away.

Of course once you have handed over your money to HMRC then they are quite happy for you to walk away from the contract.

[webberg]

Can anyone provide detail on what happens post an appeal letter being made to HMRC.

Is the individual case frozen until a court case is heard?

Also, what is IHT

I'm assuming you mean what happens if you get an assessment (as opposed to a demand for cash = APN) and have appealed it?

Basically the liability needs to be settled and that is either some form of individual settlement or litigation at this stage. See my other posts as to how this process works.

Normally although you can agree to settle.

IHT is inheritance tax. It's a tax on the transfer of wealth between generations. If you die and bequeath your assets (called your estate) to your family/chosen beneficiaries, you essentially pay tax (40%) on everything over a certain value and subject to certain reliefs (i.e. an estate passing to a spouse).

If you use a trust to reduce your estate (by settling cash on a trust and creating a liability to repay a loan for example) then it is assumed that you have temporarily reduced your estate and you are subject to a reduced IHT charge.

The detail here is not something I'm currently up to pace on (will be by the end of the summer - ha - summer - it's blowing a gale and pouring here) but others have commented that the IHT charge appearing in the settlement calculations is running at around 1% of the loan value per annum. I suspect interest is due as well.

[webberg]

Hi, Apologies if these have already been asked, but I'm new to the thread and although I've had a read through a lot of it couldn't find the answers...

So:

Does any part of Edge / Norla exist to repay the loans to?
If so, would repaying them make any difference to the APN's and the claimed tax liability?
Was there any insurance in the contracts with Edge / Norla / etc. to cover the current HMRC investigation?

Does anyone know, for sure, what, if any, information was passed from Edge / Norla to HMRC about the loan amounts and terms of those loans? (Are they relying on P11D / P60's for their calculations?)

Thanks

GymBob

Not an expert on the details of Edge but:

1. I suspect that the loans are from a trust and that is not Edge. You need to contact the trustees.
2. Probably not. HMRC's case is that the payments are not really loans at all and consequently repaying them will not impact their view that they are taxable remuneration. A view that has yet to win judicial approval of course. Repaying the loan will NOT reduce an APN as that would be HMRC admitting that they are loans.
3. I don't know. I suggest you contact the Edge action group
4. Again, I don't know what Edge have passed on. They were obliged to supply payroll data including P11D and P60 copies but they may also have been served with a notice to supply more. I suggest you contact the action group who may know more.

[webberg]

There is no appeal against APN.

Choices seem to be JR with an injunction, ignore it and face the consequences, or pay it.

If you pay I would put money on the money never being seen again.

I would agree with the first statement setting out the options.

I would very much disagree with the second.

HMRC has a legal obligation to arrive at the correct amount of tax. In this they might eventually be told what that is by a Judge. Once determined however they will compare the liability with the payments of tax made. If you've overpaid (i.e. tax on salary plus APN = more than final bill), you WILL get repaid.

I am as cynical as others about how HMRC has conducted this exercise and their incompetence in various areas, but at the end of the day they have to submit to judicial process.

There is a danger (very slight in my opinion) that the Government of the day when the final decisions arrive, may decide that a loss in Court means repaying money already spent and will change the law retrospectively.

[webberg]

How can you avoid paying the APN?

I wonder if it's worth me approaching them to try to request (without prejudice) some kind of absolute settlement figure with a guarantee of no further future liability. My APNs are for a smaller amount than many on here.

Avoid the APN = several hundred posts on this forum. At present, if you join a Judicial review challenge and get an injunction, HMRC seem to be not collecting. That may not protect you from penalty from the original due date if not paid.

There is a settlement opportunity available until the end of June. You can ask for calculations. be careful that anything offered is full settlement (all taxes) as evidence is that it may not be.

If you go down this route your APN will NOT be suspended until your reach agreement.

[webberg]

The use of the term Settlement Offer even angers me. How can it be settlement when clearly it is not full and final, I would have thought the legal people would have already found a challenge for that. It is a one sided 'abusive' contract which I thought was illegal.

The normal remedy for this is that contract is deemed void by a judge and you could walk away.

Of course once you have handed over your money to HMRC then they are quite happy for you to walk away from the contract.

The settlement offer could be better described as a partial settlement offer.

An unfair contract is illegal. However, if you are offered a settlement, consider the terms and accept it (after taking advice or not), then a legal challenge becomes very difficult because you have had opportunity to question the terms and even decline it.

A contract can be "void for uncertainty" which renders it ineffective. I suspect that this is the grounds for HMRC trying to overturn their deal with a certain businessman connected with motor sport.

[headband]

PM Access

I am an ex-Edger, please can I have PM access.. thx

[Playtime1]

Pm access & advice on groups

Hi,

I just received settlemt request. And stressed to h3ll

Can you please advise what PM Access means? Presuming this is a group share - threads are too long to sift


Can you please provide me PM access. Thanks.