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Finance Bill Committee - Accelerated Payment Legislation
Seems every response always get a lengthy prelude about the commitment to clamp down on avoidance, the incredible success it's already been and the seemingly overwhelming victories in the courts by HMRC, before actually answering the question. So despite the fact no proof of wrongdoing has been established under usual principles the disputed tax is treated as a debt and therefore bankruptcy ensues for many. This just shows it up for what it is.........
Quite why it needed a FOI request to get transparency on their intent..........can't squeeze blood out of a stone though.
I am going to ask how many the enquiries HMRC take to court and how many stay open for 2,3,4 and 5 years without going to court
You need to be extremely careful how you frame your request.
HMRC are incredibly slippery. They will use any old excuse not to provide information. One of their favourites is "it will cost too much". There is a £600 / 3 man-day limit under the Freedom of Information Act.
I think anyone that pays up is making a big mistake. Everyone needs to band together & tackle this collectively.
I've also been informed that HMRC don't normally pursue people through to bankruptcy. Is this correct?
Quite the contrary. HMRC happily pursue people through to Bankruptcy court even in cases where there no apparent benefit to either side.
However, I have spoken to Bankruptcy specialists who question if a Bankruptcy Court would be comfortable bankrupting an individual against an APN or Follower Notice based on a case that has not been proved in a court. Even more so, given that HMRC lose 20% of the cases they do bring (and they don't bring them all!).
A lot of schemes were, at the time, effective. The effectiveness of an individuals scheme can only be ascertained by the relevant tax court, so there is a very real danger that individuals will be pursued to bankruptcy even when the have a defensible position
As for banding together, it depends on which scheme you are associated with, both Sanzar and Edge have something on the go. Look at those threads.
As for banding together, it depends on which scheme you are associated with, both Sanzar and Edge have something on the go. Look at those threads.
And the others (TRM does as well I believe).
People will PM you details if you post in the relevent thread.
"I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
- Voltaire/Benjamin Franklin/Anne Frank...
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