With the judgement being handed down on Monday it is best to start a new thread to lighten the load on the server. This thread is now closed and the discussion can be continued here:
http://forums.contractoruk.com/accou...al-beyond.html
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Reply to: BN66 - Round 2 (Court of Appeal)
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Previously on "BN66 - Round 2 (Court of Appeal)"
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Originally posted by DonkeyRhubarb View PostI can understand her concern but, whatever happens on Monday, we are a long way off HMRC being able to enforce collection.
In any case, why would HMRC block the sale if that meant them getting paid?
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Originally posted by DonkeyRhubarb View PostI reckon a year to 18 months.
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Originally posted by not-a-penny View PostHow long is the SC process likely to take? COA came in at 18 month.
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Originally posted by Emigre View PostI think the Gaines-Cooper case is every bit as contentious.
The Gaines-Cooper case hinges on HMRC guidance, not statute.
IMHO, retrospectively changing the law is far more contentious.
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Originally posted by smalldog View PostA case in point on efficient tax planning, I assume HMRC will implement a retro tax to catch out Google??:
Britain loses out in Google's tax avoidance | Business
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Originally posted by DonkeyRhubarb View PostSomeone asked me to clarify this because there seems to be some confusion.
The Court of Appeal could give leave to appeal to the Supreme Court but this is highly unusual. As an aside, they could also refer PwC's case to the European Court of Justice.
It is much more likely that either us, or HMRC, would have to apply to the Supreme Court.
Given the contentious nature of the case, and precedents involved, it is inconceivable to me that the SC would not hear the case. The Seychelles guy Gaines-Cooper got his case heard by the SC and this was far less contentious and wide reaching.
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Originally posted by DonkeyRhubarb View PostSomeone asked me to clarify this because there seems to be some confusion.
The Court of Appeal could give leave to appeal to the Supreme Court but this is highly unusual. As an aside, they could also refer PwC's case to the European Court of Justice.
It is much more likely that either us, or HMRC, would have to apply to the Supreme Court.
Given the contentious nature of the case, and precedents involved, it is inconceivable to me that the SC would not hear the case. The Seychelles guy Gaines-Cooper got his case heard by the SC and this was far less contentious and wide reaching.
Apparently, he has a house here and a golf membership but then so do many people who don't live here.
Its another of those cases that destroys any certainty that may have once existed in the UK tax system. Not only that but you would have thought with the extent of tax legislation we have that HMRC could actually put together a reasonably watertight definitions of domicile and residency.
Its another one that does nothing but open up a potential can of worms, retrospectively too.
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Further to my previous post, this explains the route to the SC:
http://www.supremecourt.gov.uk/docs/...se-to-UKSC.pdf
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Originally posted by bombaycat View PostI'm assuming that all this will drag on for years yet in some form or other, I'm finding it hard to get more than mildly interested in Monday's judgement. Not worth expending so much nervous energy on worrying, action is the only worthwhile energy expenditure, worrying is counter-productive. In case anyone has a pop I do have 6 figs riding on this but I haven't actively worried for a couple of years now and it hasn't made any difference to events. When there's something we can do I'll be all over it - until then I'm relaxing... ;-)
Thanks DR for all the updates helps to have such consistency - you should get an OBE for services to the community!
Goes without saying that we all owe thanks to DR for his help!
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Appeals Process
Someone asked me to clarify this because there seems to be some confusion.
The Court of Appeal could give leave to appeal to the Supreme Court but this is highly unusual. As an aside, they could also refer PwC's case to the European Court of Justice.
It is much more likely that either us, or HMRC, would have to apply to the Supreme Court.
Given the contentious nature of the case, and precedents involved, it is inconceivable to me that the SC would not hear the case. The Seychelles guy Gaines-Cooper got his case heard by the SC and this was far less contentious and wide reaching.
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Originally posted by Taffia View PostI'd be astonished if we got an end to this on Monday as I can't see any judgement being so watertight that it can't be appealed somehow by either side, which I assume is what either 'losing' party would do. Personally I'm looking on Monday as the next necessary step to go through on the still long road to getting a resolution.
Obviously that's not to say I'm not sick to the back teeth with the whole situation . . . . . .
Yes, that would mean a win for us on our case but it would not be a loss for HMRC on their holy grail of retrospection since anything less than 6 years or under slightly different circumstances could still be potentially acceptable to the Courts.
In this circumstance, do you think HMRC would appeal? Under appeal they could potentially lose the whole lot. Again though it will all depend upon the wording in the decisions. Also not forgetting the Shiner case which could also give us something to drink to.
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Originally posted by bombaycat View PostI'm assuming that all this will drag on for years yet in some form or other, I'm finding it hard to get more than mildly interested in Monday's judgement. Not worth expending so much nervous energy on worrying, action is the only worthwhile energy expenditure, worrying is counter-productive. In case anyone has a pop I do have 6 figs riding on this but I haven't actively worried for a couple of years now and it hasn't made any difference to events. When there's something we can do I'll be all over it - until then I'm relaxing... ;-)
Thanks DR for all the updates helps to have such consistency - you should get an OBE for services to the community!
I could quite happily sit on the uncertainty for another 10 years...
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I'd be astonished if we got an end to this on Monday as I can't see any judgement being so watertight that it can't be appealed somehow by either side, which I assume is what either 'losing' party would do. Personally I'm looking on Monday as the next necessary step to go through on the still long road to getting a resolution.
Obviously that's not to say I'm not sick to the back teeth with the whole situation . . . . . .
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3 more sleeps
Originally posted by elpinar View PostHadn't logged on this week - and now i wish i hadnt ... that way I wouldnt have this horrid feeling in my tummy.........
Guess the upside is im half way through the fretting period that all the diligent peeps had
3 more sleeps
3 more sleeps
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