Reply to: Asmg

[Contractor UK]

Clarification on behalf of White Collar Consulting

We have been asked to post the following clarification on behalf of White Collar Consulting:

"White Collar Consulting has no connection whatsoever with ASMG. In particular there is no referral or other arrangement between our client and ASMG for the transfer of contractors and White Collar Consulting is not the same company as ASMG. White Collar Consulting has not acquired all or part of the business of ASMG, nor does it have any association or connection whatsoever with ASMG, nor is there any common ownership or control between our client and ASMG."

We would ask that posters please take note of this clarification to avoid any further libellous, or potentially libellous, comments needing to be removed.

Thanks
CUK Admin

[GwimWeeper]

ASMG is not dead - if you call their number they answer the phone as "ASMG, how can I help?". If they are dead this must be the corporate equivalent of "Weekend at Bernies"

Instead the system on every call seems to be to reinforce the idea that ASMG exists, that nothing has changed and that "ASMG" will return the call and deal with the query. Even the email address they ask you to contact them on is asmg.co.uk - and I've confirmed this on two separate calls. Of course nobody returns the call and nobody responds to the emails.


libellous comment removed by CUK

[sal626]

No, just have the update from DMS saying that the case did not go to court.

I did leave a message for ASMG in Dec, and someone called me back.

[GwimWeeper]

ASMG Poll

Simple question, please respond with "yes", "no" or "haven't tried".

Have you successfully spoken with someone at ASMG in the last 3 months?

Don't count the receptionists.

[GwimWeeper]

Hi Sal, the pdf your link goes to is dated 12 June 2008 - last year. Have you (or anyone else) got any information that indicates why there was no hearing THIS year? Why did it not go the High Court as expected? Did Sempra or Hector play a delay tactic? Is it conceivable that Sempra may be negotiating behind the scenes to settle out of court?

[Bengal]

Bengal,

This is not a hearing, its just an enquiry....which doesn't seem to be going anywhere. HMRC have had more then 15 months. They have received all the info they asked for, and there is nothing that they are waiting for. In fact, DMS are chasing them and asking them what else they need!

The sempra case never got to the high court - the details of the SP decision are available online.

Ah now I see..........15 months? To be honset, is not necessarily a long time. HMRC can move very slowly and sometimes enquiries can take 2, 3 or more years to bring to a conclusion particularly if HMRC are trying to find away to break a "scheme".

[sal626]

I believe this is the relevant one:

http://clients.squareeye.com/uploads...pra-080708.pdf

[dezze]

Sempra are no strangers to litigation so it's best to make sure you are looking at the right one though.

It is the right one.

[ASB]

Sempra are no strangers to litigation so it's best to make sure you are looking at the right one though.

[sal626]

Bengal,

This is not a hearing, its just an enquiry....which doesn't seem to be going anywhere. HMRC have had more then 15 months. They have received all the info they asked for, and there is nothing that they are waiting for. In fact, DMS are chasing them and asking them what else they need!

The sempra case never got to the high court - the details of the SP decision are available online.

[Bengal]

General process for hearings is:

1) Commissioners
2) High Court
3) Court of Appeal, and finally
4) House of Lords.

I think also that certain courts have to grant permission for appeals to be allowed. So for example, if the High Court makes a ruiling against Hector, then the High Court has to grant leave for Hector to be able to appeal.

On the Sempra case, I would love to get the full details of what the case is about cause it strikes me that there is one further weapon in Hector's armoury that could be used and that is, they could calim that there is no commercial justification to the transaction and therefore it falls (ie what is known as the Ramsey principle).

[dezze]

Sorry to be a bit depressing but I just found this on the legal website LexisNexis regarding closing tax enquiries.

http://www.lexisnexis.com/Community/...3/30/9052.aspx

Basically the system is horribly tipped against taxpayers and this is set to get even worse now.

So this could drag on for years. I'm a permie now and owed a couple of thousand by HMRC, due to mileage allowances. I don't think they will pay up until this is closed. Does anyone know the rules on this?

However, I'd waive the cash they owe if they close the enquiry

[GwimWeeper]

No short cuts

Sorry to be a bit depressing but I just found this on the legal website LexisNexis regarding closing tax enquiries.

http://www.lexisnexis.com/Community/...3/30/9052.aspx

Basically the system is horribly tipped against taxpayers and this is set to get even worse now.

[sal626]

Good question....would love to say there is a time limit, but I think dezze is right.

Had a quick search on the web, can't find anything about how long an enquiry can be open for.

[dezze]

Isn't there some kind of law or at least a legal framework/guideline to limit Hector on how long they can 'enquire'?

I know there is a 1 year limit on a self-assessment for how long they have to START an enquiry. But surely they can't run this enquiry indefinitely?

What I mean is, if they can't get a decision they want can they drag this on for 1 year, 5 years or 10 years or more? How long do they have once they start before they must END an enquiry (whether it is favourable to them or not).

My understanding is that once open, it can remain open until HMRC decide to close it. I'd be happy to be proven wrong about this!