Edge EBT thread

[Seven777]

Ive followed a paper trail to who I am told is the current trustee - but they have not returned my phone calls yet. I'm undecided as to the next course of action - would also be interested to hear if anyone has heard back from the trustees

Thanks for your reply. Are you happy to share that information?

[coder]

Hi, has anyone make any progress contacting the trustees with a view to writing off the loans.

I'm quite concerned that this is just something hanging over our heads.

Thanks

Ive followed a paper trail to who I am told is the current trustee - but they have not returned my phone calls yet. I'm undecided as to the next course of action - would also be interested to hear if anyone has heard back from the trustees

[Seven777]

Edge Trustees

Hi, has anyone make any progress contacting the trustees with a view to writing off the loans.

I'm quite concerned that this is just something hanging over our heads.

Thanks

[Billy Idle]

Hi

I am an ex-Edger and have just received an APN notice from HMRC. Can you provide me with PM rights, please?

Thanks

[LandRover]

I utilise the services of a Tax Consultancy and to reduce the fees and the amount of time taken to respond to requests I decided to engage with HMRC myself
I never registered with the Edge Support Group but instead sought the services of a Tax Specialist firm because my claim against taxes due involves residency - I have been out of the Country since 2003

It took nearly 12 months and Fees for the Tax Consultancy to have my claim reach the correct HMRC department - with a combination of miss laid correspondence by both companies and a lack of a proactive measures I decided to intervene to expedite the process. Currently, sitting on 4 APNs all 'stood over' and awaiting a decision from HMRC. Joined the Big Group and currently looking at JR processes in anticipation of HMRC rejecting representations made. All efforts made so far at a near cost of 2K I could have done myself

I agree, there is a certain amount that can be done yourself, but ultimately I like you joined Big Group in order to have a "pooled" resource of knowledge and also a strategy to engage with HMRC on a group level. For £60 joining fee and £18pm fee it's very reasonable considering how long this could all run for...

[KRAMB]

Anyone else paying hefty fees for a Tax Specialist, but is left with all the admin associated with CTD and APN?

I utilise the services of a Tax Consultancy and to reduce the fees and the amount of time taken to respond to requests I decided to engage with HMRC myself
I never registered with the Edge Support Group but instead sought the services of a Tax Specialist firm because my claim against taxes due involves residency - I have been out of the Country since 2003

It took nearly 12 months and Fees for the Tax Consultancy to have my claim reach the correct HMRC department - with a combination of miss laid correspondence by both companies and a lack of a proactive measures I decided to intervene to expedite the process. Currently, sitting on 4 APNs all 'stood over' and awaiting a decision from HMRC. Joined the Big Group and currently looking at JR processes in anticipation of HMRC rejecting representations made. All efforts made so far at a near cost of 2K I could have done myself

[TheHat]

Anyone else paying hefty fees for a Tax Specialist, but is left with all the admin associated with CTD and APN?

[gettingangry]

Hi - I received the dreaded letter and subsequent APN from HMRC last month. The APN relates to tax year 2005/6!

I saw Michelle's message above, it seems most people are getting APNs for ty 2008/9.

Does anyone have any opinion on a claim that relates to such an old tax year? (2005/6)?

I have seen a few posts mentioning the '4 year rule' and statutory time limits that the HMRC have, to make a claim by.

I spoke to HMRC about the '4 year rule' yesterday and they said an enquiry had been open since 2008 but I never received a letter or any notification from them at all.

Appreciate peoples thoughts on this. Thx

I had a 2005/06 re-assessment. However I never got an APN for it (only for 3 other open years). I asked for a settlement figure just to see what it would be and hey-presto the 2005/06 reappears. They have previously told me it's a Section 9A. It was issued over 12 months from return being submitted so they can't issue a Section9A. They are just trying to con me.

Further to this - one APN had Benefit in Kind (correctly) removed from calculation. They withdrew initial APN, knocked off £5K, with an apology for the inconvenience, and re-issued APN £5K less than original. But guess what - settlement figure - it's back on.

[flyinghaggis]

Is anyone still in contact with Edge about the APN's? I just received one for 2005/6. When I email them on edge@edge-resourcing.com my messages bounce back. Thank you

Edge are long gone. We're on our own now.

Best course of action is to read extensively on these forums and get some advice either from a professional acting on your behalf, one of the groups specifically for Edge and/or Big Group.

[CitySlicker]

Statutory time limits question - just received APN relating to tax year 2005/6

Hey folks....good prompt reply from Michelle at Edge...



Thank you for your email in respect of the ‘08/’09 HMRC tax demand that you have received.

We are very aware of this situation and can advise that this letter has been sent to several thousand contractors across the industry and is not exclusive to yourself. We appreciate that none the less, this letter will be very worrying for you and not something you anticipated receiving.

· It is important to understand the context of this letter and why this has been sent on such a large scale. As you are aware, the letter relates to the ’08 / ’09 tax reporting period and HMRC have very specifically targeted this period because they have four years from the end of the tax year in question to raise the assessment. If it is deemed that you took “reasonable care” in managing your tax affairs, they cannot charge any penalties, other than interest, which runs from the original due date. In the letter you have received HMRC have stated that they have made the assessment in order to protect their position and ensure that potential tax due for ’08 / ’09 is not lost because of the statutory time limits for issuing assessments. In other words, the letters have been issued to secure the option for HMRC to undertake a future challenge.

It is important to note that there has been no significant change in legislation and the position on EBT’s remains the same, they were lawful and compliant entities until the change in legislation in December 2010. HMRC have undertaken this campaign in relation to a case they are currently pursuing against Rangers FC. HMRC challenged Rangers on the basis that the EBT loans were not loans but rather salaried income, importantly, they lost the case with the judge finding in Rangers’ favour, further verifying that the loan payments are indeed recognised as such. HMRC have of course appealed this decision and it is on the hope of this appeal being found in their favour, that they have under taken this current campaign.

As always with significant approaches from HMRC, we have sought opinion on this matter from our tax advisors who are of the view that it is fundamentally important to appeal this assessment. If you do not appeal, the value of the demand becomes legally enforceable and HMRC will seek payment. If you elect to pay the demand, it is important to note that this will signal your acceptance of HMRC’s position, that the loan payments were indeed income and HMRC will then have the ability to apply the same rationale to the consecutive tax years that followed i.e. ‘09/’10 and ‘10/’11

With this in mind, please find attached an appeal letter you can utilise in order to respond to HMRC. You will need to personalise the letter with your address and complete any fields highlighted in red, we also suggest sending the letter via recorded delivery to ensure it has been received.

If you wish to discuss this matter further or if you have any questions you would like me to address, please email me back advising a convenient date and time for me to call you and I will diarise a call back. I’m sure you can appreciate that we are fielding a sizable number of queries on this so diarizing a call back you ensures my availability to speak with you.

Kind regards,

Hi - I received the dreaded letter and subsequent APN from HMRC last month. The APN relates to tax year 2005/6!

I saw Michelle's message above, it seems most people are getting APNs for ty 2008/9.

Does anyone have any opinion on a claim that relates to such an old tax year? (2005/6)?

I have seen a few posts mentioning the '4 year rule' and statutory time limits that the HMRC have, to make a claim by.

I spoke to HMRC about the '4 year rule' yesterday and they said an enquiry had been open since 2008 but I never received a letter or any notification from them at all.

Appreciate peoples thoughts on this. Thx