Reply to: Overdrawn Capital Account Scheme (Aston Mae / Glen Mae / Procorre)

[GregRickshaw]

It seems the legal advisor will be taking this to tribunal but with a different firm. I am torn between going straight to Gilbert Tax now or waiting the outcome of the tribunal.

I've read in several places that there has never been a successful challenge against HMRC. Where can I confirm that?

I don't want to be presumptuous here but I can only go on your seemingly fragile state of mind indicated in your previous post, so with that caveat I'm going to say get to Gilbert Tax and get them working on a settlement today! You will be truly amazed at the feeling when things start to get moving. A clear defined plan of action has got to be better than horrible uncertainty.

There are many cases which have 'lost' Sanzar, Garraway, Montpellier, Rangers... I quoted 'lost' because Rangers I believe are still fighting but let's not get any hope going here at all, there is none HMRC win always in the these Loan/EBT cases.

Speak to your spouse you chose your spouse for a reason, my spouse is female and I can tell you females have a remarkably stoic attitude when it comes to these things.

Good luck and keep posting here so we know you're okay

G

[suckerpunch]

It seems the legal advisor will be taking this to tribunal but with a different firm. I am torn between going straight to Gilbert Tax now or waiting the outcome of the tribunal.

I've read in several places that there has never been a successful challenge against HMRC. Where can I confirm that?

[GregRickshaw]

Yes I have received this letter. I am worried. If McCarthy Denning are not successful, I will be on the hook for MUCH more money than I can pay. And my family's future will be ruined. I will be in debt for decades.

I am considering suicide - I won't be able to face my own children or spouse.

From someone who has been there (twice with a third coming!) there are very palatable solutions to these debts, long TTPs for instance so many options other than the one you are talking about. Share your pain with your spouse they will understand they always do.

I had a long TTP on both my previous indiscretions and found myself able to pay them off much sooner.

Talk to someone please, it's never the option ever.

I can also recommend Gilbert Tax, they won't kid you about any of this but they are brilliant at taking the weight from your shoulders, they worked miracles on getting interest on late payment fees removed and in one case the fees removed too which were quite sizeable, and long TTPs for me too.

[cojak]

I've just received an email from HMRC stating that McCarthy Denning are no longer representing me going forward in my appeal.

Has any other former Procorre user who had expected to be represented by McCarthy Denning received this?

That's a very good question.

I suspect that there weren't enough takers to make it worth their while.

[suckerpunch]

I've just received an email from HMRC stating that McCarthy Denning are no longer representing me going forward in my appeal.

Has any other former Procorre user who had expected to be represented by McCarthy Denning received this?

[interestedparty]

I know that this is hard to hear but you will be throwing good money after bad if you go down that route - there has been NO successful defence by any group or individual against HMRC with these schemes.

Please take time to read this thread - Please read this if you are desperate and feel you are running out of options - Contractor UK Bulletin Board

Speak to HMRC - you can arrange time to pay which can go up to 10 years if necessary.

I was in the same situation and agreed a repayment plan over 12.5 years. I feel so much better to have done this - I hate the fact that I'm tied into this plan but things may come alomg in life that allow me to clear it.

[cojak]

First of all, I must thank you for what you are doing on this forum. I have been reading other threads and I can see you are a tireless support for people in their darkest of times.

What is your opinion on WTT Group? Is there anyone who can help me navigate a way forward?

I have no opinion on WTT Group, apart from repeating what I said earlier:
There has been no successful defence if you have used these schemes.

I would advise contacting Gilbert Tax as I know of some regulars here who have used and recommend them.

I’ll also copy a post from the above thread as there are some useful organisations mentioned there.

I would just like to add that every debt problem has a solution. If you are worried about how your going to pay this money to HMRC then give one of the debt charities a call; CAP UK, National Debtline, Step Change, or if you're still self-employed Business Debtline. I was pleasantly surprised after using Step Change's online debt remedy tool to learn that I had options which wouldn't involve losing my home so I'm going to give them a call later after work.

Please call and seek help with this. You are not alone and there are organisations out there who can support you.

[suckerpunch]

I know that this is hard to hear but you will be throwing good money after bad if you go down that route - there has been NO successful defence by any group or individual against HMRC with these schemes.

Please take time to read this thread - Please read this if you are desperate and feel you are running out of options - Contractor UK Bulletin Board

Speak to HMRC - you can arrange time to pay which can go up to 10 years if necessary.

First of all, I must thank you for what you are doing on this forum. I have been reading other threads and I can see you are a tireless support for people in their darkest of times.

What is your opinion on WTT Group? Is there anyone who can help me navigate a way forward?

[cojak]

Yes I have received this letter. I am worried. If McCarthy Denning are not successful, I will be on the hook for MUCH more money than I can pay. And my family's future will be ruined. I will be in debt for decades.

I am considering suicide - I won't be able to face my own children or spouse.

I know that this is hard to hear but you will be throwing good money after bad if you go down that route - there has been NO successful defence by any group or individual against HMRC with these schemes.

Please take time to read this thread - Please read this if you are desperate and feel you are running out of options - Contractor UK Bulletin Board

Speak to HMRC - you can arrange time to pay which can go up to 10 years if necessary.

[suckerpunch]

Anyone else receive the email from Procorre Legal officially advising that they are closing Procorre LLP in Singapore, as it has been dormant since the HMRC determination earlier this year. Apparently they've paid over a million pounds defending all consultants... not sure how accurate that is. There is also a letter from McCarthy Denning, who Procorre have apparently handed over to inviting us to be part of a "class action" for the reasonable sum of £1800-£3500 plus VAT per individual. Isn't that nice of them.

Yes I have received this letter. I am worried. If McCarthy Denning are not successful, I will be on the hook for MUCH more money than I can pay. And my family's future will be ruined. I will be in debt for decades.

I am considering suicide - I won't be able to face my own children or spouse.

[cojak]

. There is also a letter from McCarthy Denning, who Procorre have apparently handed over to inviting us to be part of a "class action" for the reasonable sum of £1800-£3500 plus VAT per individual. Isn't that nice of them.

I would put a laughing emoji here if it wasn’t for the fact that it’s so bloody maddening, so I’ll put this here instead



Ask them if this has previously been successful. Anyone doing this is throwing good money after bad.

[mightyspur]

Anyone else receive the email from Procorre Legal officially advising that they are closing Procorre LLP in Singapore, as it has been dormant since the HMRC determination earlier this year. Apparently they've paid over a million pounds defending all consultants... not sure how accurate that is. There is also a letter from McCarthy Denning, who Procorre have apparently handed over to inviting us to be part of a "class action" for the reasonable sum of £1800-£3500 plus VAT per individual. Isn't that nice of them.

[GregRickshaw]

This is my beef with the argument presented - the accountant should have been in the dock and penalised along with the defendant. It was the accountant who introduced the scheme to Bray and so was obviously not an independent person to give advice, in fact they must have taken a hefty commission to persuade her to join. (And she didn’t think it was her business to ask about the accountant’s commission? Bloody hell, the naïvety! )

The accountant should have been sanctioned and their license revoked.

I know that it’s not part of the legislation but it bloody well should be.

How true and seemingly a potent of how the MSC outcomes/trials will go, innocents flogged in court, hounded, bankrupt, homeless (all manner of personal breakdown of family possibly even losses of life) accountants/scheme providers off scot free - again.

Debt transfer beyond directors of LTDs... - my arse ... it won't happen.

Get the accountants in the dock

[cojak]

(And welcome back ILikeTax!)

[cojak]

I'm not commenting on your facts or about getting independent professional tax advice, but here's a recent FTT case in relation to what tax advice has actually been taken in relation to an EBT scheme (short answer= None). HMRC raised penalties of 21% of the tax due and the tribunal did not change that: https://assets.caselaw.nationalarchi...c_2024_787.pdf

This is my beef with the argument presented - the accountant should have been in the dock and penalised along with the defendant. It was the accountant who introduced the scheme to Bray and so was obviously not an independent person to give advice, in fact they must have taken a hefty commission to persuade her to join. (And she didn’t think it was her business to ask about the accountant’s commission? Bloody hell, the naïvety! )

The accountant should have been sanctioned and their license revoked.

I know that it’s not part of the legislation but it bloody well should be.