Reply to: The HMRC PR Game

[jbryce]

one of my colleagues has one such letter .. seems it amounts to 2 pages of A4 questions, including bank statements, loans letters , contracts , how the scheme worked etc not sure they have space for the bait on their fishing trip.

Why bother - can't they just make a guess, issue an APN against the DOTAS number and wait for payment/bankruptcy?

[turbowoowoo]

one of my colleagues has one such letter .. seems it amounts to 2 pages of A4 questions, including bank statements, loans letters , contracts , how the scheme worked etc not sure they have space for the bait on their fishing trip.

HMRC have been busy issuing Section 9A enquiry notices for 2012-2013..

which is what the above is I am sure.

[z4thras]

For items after 2011 I should have said

one of my colleagues has one such letter .. seems it amounts to 2 pages of A4 questions, including bank statements, loans letters , contracts , how the scheme worked etc not sure they have space for the bait on their fishing trip.

[flamel]

My advisers have told me that the next round of hassling letters will be flopping through your postboxes in the next couple of weeks. Think of it as a Christmas Card from Gauke, Grainger and Miss Stopp.

For items after 2011 I should have said

[NeedTheSunshine]

My advisers have told me that the next round of hassling letters will be flopping through your postboxes in the next couple of weeks. Think of it as a Christmas Card from Gauke, Grainger and Miss Stopp.

I wasn't expecting to get the next round of letters until after the settlement offer deadline has passed. Are these reminders that the deadline is looming or are these for schemes that weren't included in the settlement offer (i.e. after 2011)?

[jbryce]

My advisers have told me that the next round of hassling letters will be flopping through your postboxes in the next couple of weeks. Think of it as a Christmas Card from Gauke, Grainger and Miss Stopp.

Hassling letters for what? Are they chasing the settlement letters or planning something else? The deadline for the offer is the 15th Jan.
Or is this for the post 2011 schemes?

[fielder]

My advisers have told me that the next round of hassling letters will be flopping through your postboxes in the next couple of weeks. Think of it as a Christmas Card from Gauke, Grainger and Miss Stopp.

Thanks for the heads up appreiciated.

[flamel]

Ho ho ho

My advisers have told me that the next round of hassling letters will be flopping through your postboxes in the next couple of weeks. Think of it as a Christmas Card from Gauke, Grainger and Miss Stopp.

[dangerouswhensober]

I have a template letter (found somewhere else on t'web) which I sent to my MP in July, plus the letter I received in reply from that nice Mr Gauke - I will post both a.s.a.p.

Sorry for the delay in posting this. I am currently still hunting out the letter I sent to my MP (in May, as it turns out) and I will post that a.s.a.p.

Meanwhile, here is the letter my MP received in reply from that nice Mr Gauke, which he forwarded to me:

https://picasaweb.google.com/1127551...UKE#slideshow/

It contains the usual misinformation - e.g. "HMRC's success in avoidence litigation shows that only a small minority of avoidance schemes are upheld in the courts ..."

[DonkeyRhubarb]

How are penalties going to be calculated on an APN?

5% at the end of the payment period; another 5% after 5 months; another 5% after 11 months.

The payment period is 90 days from the date of the notice, or longer if you make representations disputing the notice.

[jbryce]

A time limit on APNs simply isn't in the legislation - hence there is no time limit.

However, you can easily forsee that if a time limit were to be introduced in future legislation, it will be weighted on HMRC's side - it will be a time limit for the taxpayer to take action, not HMRC, after which point the APN is considered final settlement.

You can already see their argument. If a taxpayer overpays on PAYE, they have a limited number of years to demand if back - and go to court if HMRC refuse. The argument will be that if a taxpayer believes that their APN represents an overpayment of tax, because they believe their arrangements are legal, then it's up to the taxpayer to initiate proceedings - and if they don't do it within a certain timeframe (probably 6 years), the case is considered closed - and the money lost forever.

...so you initiate proceedings and wait another 10 years for it to hit the courts!

How are penalties going to be calculated on an APN?

[centurian]

A time limit on APNs simply isn't in the legislation - hence there is no time limit.

However, you can easily forsee that if a time limit were to be introduced in future legislation, it will be weighted on HMRC's side - it will be a time limit for the taxpayer to take action, not HMRC, after which point the APN is considered final settlement.

You can already see their argument. If a taxpayer overpays on PAYE, they have a limited number of years to demand if back - and go to court if HMRC refuse. The argument will be that if a taxpayer believes that their APN represents an overpayment of tax, because they believe their arrangements are legal, then it's up to the taxpayer to initiate proceedings - and if they don't do it within a certain timeframe (probably 6 years), the case is considered closed - and the money lost forever.

[StrengthInNumbers]

Not banking on it either

[DonkeyRhubarb]

that will be great if HMRC has to go to court in a limited time.

I wouldn't bank on that.

[StrengthInNumbers]

that will be great if HMRC has to go to court in a limited time.