HMRC Enquiry Letters for Choice Premier / Berwick Associates/ Runnymede Services

[jandle]

Missed Letter

I for one is preparing for APN but not looking at settling. Settling has no benefit and though HMRC will force us to paying using APNs, ultimately they will have to prove it in court. Our group is progressing to FTT and if your group is not, start the process. Legally HMRC has present any good argument until now and EBT cases in courts have all been in Tax payer's favor. Tribunal is the only way, HMRC will leave us alone

Hi

Was the letter delivered by post or by email? I moved just before this date and therefore haven't received the letter.

I like most are concerned about this whole situation, but haven't been as active as some in following it. Perhaps it's time that I get more involved.

[StrengthInNumbers]

And ours is cascade. Have been helping through out and gives us continuous without bull as situation on ground updates.

Unfortunate to landed up in one of these schemes but very fortunate that landed here through cascade.

[DonkeyRhubarb]

And ours is cascade. Have been helping through out and gives us continuous without bull as situation on ground updates.

Unfortunate to landed up in one of these schemes but very fortunate that landed here through cascade.

That probably explains why the Cascade thread is so quiet.

http://forums.contractoruk.com/hmrc-...ml#post1959627

[StrengthInNumbers]

Exactly. And from what I have seen until now, HMRC can collect through APNs but will have to refund after the court case.

[DonkeyRhubarb]

They are going to look pretty silly if they have to start doing mass refunds.

[jandle]

Reality of the situation

Hi

I worked through this scheme for six months in 2012, receiving approximately £15K in profit share and £35K in loans.

I received the notice of investigation in December last year, but hadn't heard a lot more about it since. I had foolishly hoped that it had been dismissed.

Today I received an email from my accountant stating that my tax return details from 12/13 have been requested for this investigation. I haven't heard from the HMRC since Oct as I moved and had neglected to update my address.

This lead me to reading the thread here. It seems there have been updates from HMRC that I haven't yet received. My accountant is in the process of updating my address, but I guess I'll have to contact them to request a copy of the letter.

From what I've read today, I'd have to say that the outlook appears fairly bleak doesn't it? I guess I'm lucky in that I only used it for 6 months, but I'd still think my tax payable to be pretty hefty.

Does anyone know roughly what percentage we'd be looking at owing? I read in this thread that 50% is possibly realistic? I did declare the loans in my SA return, and paid tax on the profit amount.

Is it worth fighting? All that I read today would suggest that a win is unlikely. I read that there was an amnesty of sorts for people to pay up without added penalties if agreed by 9th Jan, but this seems to only apply to people who used the schemes prior to 2011.

This is a major headache, and will completely clean me out financially, but there is some appeal in putting it behind me.

Jandle

[HonestGuv]

Hey Jandle,

I was in the scheme for a similar time frame, wanted to send you a private message but it says you're not set up to receive them.

[centurian]

Is it worth fighting? All that I read today would suggest that a win is unlikely. I read that there was an amnesty of sorts for people to pay up without added penalties if agreed by 9th Jan, but this seems to only apply to people who used the schemes prior to 2011.

I think "unlikely" is a bit too pessimistic. Some will have a good case. There are two factors which make the mountain bigger.

a) The scheme provider got complacent and cocked up in some way. In that case, "unlikely" probably is the best word.
b) The scheme provider bails out and doesn't fund the court case - this means you will need to pay up first, then band together with other affected individuals to build up a fighting fund to take HMRC to court.

If a) occurs, then b) almost certainly will as well - they won't fund a court case they know they will lose - however they might not be upfront with the reasons.

[jandle]

Contact

Hey Jandle,

I was in the scheme for a similar time frame, wanted to send you a private message but it says you're not set up to receive them.

Hi.

I'd definitely like to chat, but can't figure out how to enable private messaging or how to message you. I've tried my settings here and although my account is activated, I am unable to edit my profile.

Any suggestions?

[Michael J Perry FCA]

Hmrc section 9a tax return enquiries

We are seeing a lot more new enquiries for 2012/13 Tax Returns, following those for 2011/12.

This involves Berwick Associates (2011) LLP but feeds back to Kinsella and Keypay for many clients.

If you get one of these investigations, it is important to make sure that HMRC commence their enquiry within the 12 month window starting from the date on which they received your Return. If they did not, you will not have to deal with the 40 questions and information requests which will include your private bank statements.

Why the rush? Because even if you submitted your Tax Return on the last date allowed 31/01/14, HMRC have until 31/01/15 at the latest to start their enquiry. Different rules apply if your Return was submitted late.

Whatever you do, do NOT ignore HMRC's letter. Excellent cooperation now could mitigate the penalties that HMRC are likely to charge you once the enquiry has been completed.

As the schemes were non-DOTAS, you can expect a Follower Notice and APN in the New Year although HMRC will give you advance warning of this. There are new further penalties for non-compliance with a Follower Notice.

You need to acquaint yourself with these matters and HMRC's website has all the information.

If you are considering settlement you must engage with HMRC before 9 January 2015 to check your options and get the best terms available.