HMRC MSC clarification end of June

[malvolio]

The "retrospective" bit applies to changes to regulations already in existence as at Dec 2004. The MSC rules are new legislation as from April 2007 so are out of scope.

Anyway it would be horribly difficult to apply the MSC rules retrosectively. For example, you would immediately claim that it was the MSC that owed the money, not you, since they should have been paying you at full rate, not via divvies (which they should, TBH, but you know what I mean). The MSCs - some of whom no longer exist of course - would counter sue saying they wee merely following you demands... Overall, probably not really worth anyone trying.

[Ivor1]

From HMRC

1.9 The legislation will be introduced in Finance Bill 2007 with the aim of changes starting to take effect from 6 April 2007. The consultation period will give those involved in MSC schemes time to assess the implications and arrange their affairs accordingly.

http://www.hm-treasury.gov.uk/media/...panies_453.pdf

But I dont trust the IR, if they want the £ they going to try and get it.

[Lewis]

From HMRC

1.9 The legislation will be introduced in Finance Bill 2007 with the aim of changes starting to take effect from 6 April 2007. The consultation period will give those involved in MSC schemes time to assess the implications and arrange their affairs accordingly.

http://www.hm-treasury.gov.uk/media/...panies_453.pdf

[Lewis]

This means that any new rules that they make up can be backdated to 2004, they don't have to specifically state it anymore, it is automatically done. It is a stunning peice of work, at any point in the future they can change the rules and then backdate them to 2 December 2004

Yes, I have read previous threads about this. But in the interests of not causing panic .... I believe it is true to say that HMRC are not going to be applying MSC legislation to periods prior to April 07.

[Ardesco]

The Paymaster General made a statement (House of Commons Hansard Vol. 428 Col.45WS) on 2 December 2004 signalling that the Government would be prepared to act against tax and National Insurance avoidance involving employee remuneration by backdating any anti-avoidance legislation to 2 December 2004 if necessary.

This means that any new rules that they make up can be backdated to 2004, they don't have to specifically state it anymore, it is automatically done. It is a stunning peice of work, at any point in the future they can change the rules and then backdate them to 2 December 2004

[Lewis]

Because our wonderful Nu Liemore government decided that all changes to tax legislation would be able to be backdated to (I belive it was September) 2004. Nice bit of legislation there. It ensures that they can screw people over for more tax by changing the rules and then making people who were perfectly within the rules before suddenly liable for tax dating back to Sep 2004.

(and these asses keep getting voted in... )

I don't think this applies to the new MSC legislation, to the best of my knowledge it took effect this tax year and there are no plans to backdate.

[Ardesco]

I don't see how they can back date to before legislation came into effect.

Because our wonderful Nu Liemore government decided that all changes to tax legislation would be able to be backdated to (I belive it was September) 2004. Nice bit of legislation there. It ensures that they can screw people over for more tax by changing the rules and then making people who were perfectly within the rules before suddenly liable for tax dating back to Sep 2004.

(and these asses keep getting voted in... )

[Lewis]

I still cant see anything in any of what I read about back dating NI etc, for any payments recieved from an MSC before April 2007. There was a comment about NI becomming due at of August 2007 but it didnt specify for what period. Anyone see anything about the backdating prior to April 2007 ? Im sure the rev will find someway to wangle it

I don't see how they can back date to before legislation came into effect.

[Ivor1]

I still cant see anything in any of what I read about back dating NI etc, for any payments recieved from an MSC before April 2007. There was a comment about NI becomming due at of August 2007 but it didnt specify for what period. Anyone see anything about the backdating prior to April 2007 ? Im sure the rev will find someway to wangle it

[malvolio]

Did HMRC provide extra clarification at the end of June as promised?

Not sure, TBH, but people might find the link below to be an interesting source of information. AFAIK, the final guidance won't be very far away from this anyway.
http://www.pcg.org.uk/cms/index.php?...372&Itemid=633

[Lewis]

Did HMRC provide extra clarification at the end of June as promised?