HMRC won the JR but only after doing a massive climbdown.
This will be the 2nd time they've had to refund APNs for the Montpelier scheme.
I bet they are well pissed off about this.
https://www.pumptax.com/wp-content/u...al-27.7.18.pdf
Dear [X]
We refer to the Follower Notices dated [insert] in respect of tax years [insert] (“the FNs”) and to the accelerated Payment Notices dated [insert] in respect of tax years [insert] (“the APNs”).
During the course of the judicial review application R (Broomfield & Others) v HMRC (CO/2656/2017) (“Broomfield”) in which you are a claimant, HMRC have considered and clarified how the Follower Notice regime should operate where a taxpayer has two arguments against tax being payable but only one would be denied by the application of the reasoning in a previous judicial ruling.
In light of this, HMRC confirm that they will not assess a penalty under section 208 Finance Act 2014 in respect of the FNs insofar as you take the following action (“the Required Action”) within the time limit set out below.
(1) Withdraw any argument in your appeal(s) before the First-tier Tribunal in which you seek to challenge the correctness of Huitson v HMRC [2015] UKFTT 448 and/or its application to your facts.
(2) Agree in writing with HMRC that you will not seek to re-introduce such arguments in the First-tier Tribunal or any other tribunal or court.
The time limit here is the end of 45 days beginning with the day on which the High Court (Lewis J) hands down judgment in Broomfield.
Insofar as a penalty has already been assessed on you, HMRC will not seek to enforce the penalty assessment before the expiry of the time limit set out above and to the extent that you take the Required Action within that time limit will withdraw the penalty assessment and refund any part of the penalty that you have paid to HMRC.
Further, to the extent that you take the Required Action within the time limit, HMRC will refund any amounts paid to HMRC pursuant to the APNs and, if applicable, will not seek the enforce the APNs further.
This will be the 2nd time they've had to refund APNs for the Montpelier scheme.
I bet they are well pissed off about this.
https://www.pumptax.com/wp-content/u...al-27.7.18.pdf
Dear [X]
We refer to the Follower Notices dated [insert] in respect of tax years [insert] (“the FNs”) and to the accelerated Payment Notices dated [insert] in respect of tax years [insert] (“the APNs”).
During the course of the judicial review application R (Broomfield & Others) v HMRC (CO/2656/2017) (“Broomfield”) in which you are a claimant, HMRC have considered and clarified how the Follower Notice regime should operate where a taxpayer has two arguments against tax being payable but only one would be denied by the application of the reasoning in a previous judicial ruling.
In light of this, HMRC confirm that they will not assess a penalty under section 208 Finance Act 2014 in respect of the FNs insofar as you take the following action (“the Required Action”) within the time limit set out below.
(1) Withdraw any argument in your appeal(s) before the First-tier Tribunal in which you seek to challenge the correctness of Huitson v HMRC [2015] UKFTT 448 and/or its application to your facts.
(2) Agree in writing with HMRC that you will not seek to re-introduce such arguments in the First-tier Tribunal or any other tribunal or court.
The time limit here is the end of 45 days beginning with the day on which the High Court (Lewis J) hands down judgment in Broomfield.
Insofar as a penalty has already been assessed on you, HMRC will not seek to enforce the penalty assessment before the expiry of the time limit set out above and to the extent that you take the Required Action within that time limit will withdraw the penalty assessment and refund any part of the penalty that you have paid to HMRC.
Further, to the extent that you take the Required Action within the time limit, HMRC will refund any amounts paid to HMRC pursuant to the APNs and, if applicable, will not seek the enforce the APNs further.
Comment