Reply to: HMRC phone calls to Australia for APN

[pexel]

Have you done anything criminal that would result in an arrest warrant?

No, sir.

[EBTContractor]

Funnily enough I know an Essex geezer here in SE Asia who owes hundreds of thousands of pounds in back taxes in the UK, all accruing interest. He goes to London all the time for business and flies in and out with no hassle. It's disputed debt and he's not convicted of fraud etc so nothing UK border control can do.

[Old Greg]

Can having an outstanding HMRC debt come April 2019 impact visiting the UK in future and will/can border control detain you?

Have you done anything criminal that would result in an arrest warrant?

[pexel]

Can having an outstanding HMRC debt come April 2019 impact visiting the UK in future and will/can border control detain you?

[bandemelbs]

They're merely saying "cough up or we'll use a debt collection agency to get the money". Only when you don't cough up wll they look for a debt collection agency - assuming they aren't trying it on.

Unenforceable until they go through lengthy due process, which would include a numerous steps that would need to completed at both ends / countries.

[Loan Ranger]

How did they even get your number? And which debt collection agency are they claiming will enforce action? I'm in a related industry and it all sounds like they are trying it on.

HMRC did this with my mate in Canada.

They repeatedly threatened him with getting the Canadian authorities to collect his APNs.

When he pointed out that this wasn't covered under the tax treaty, they immediately backed down and apologised.

[NotAllThere]

And which debt collection agency are they claiming will enforce action?

They're merely saying "cough up or we'll use a debt collection agency to get the money". Only when you don't cough up wll they look for a debt collection agency - assuming they aren't trying it on.

[bandemelbs]

How did they even get your number? And which debt collection agency are they claiming will enforce action? I'm in a related industry and it all sounds like they are trying it on.

[QCApproved]

There antipodeans in BG looking at the issue and taking advice collectively on these matters. Other informal bands that you may also see on other threads.

[webberg]

No UK court has made anyone bankrupt over an APN.

APN before an Australian authorities? That will be different.

That may well be true. We are aware of County Court cases being taken for recovery. Not many, but a few.

In those, the "unproven" point has carried no weight in terms of denying liability.

I'm not an insolvency expert but from what I'm told by such, the liability is valid and legal despite it relating to an analysis from HMRC that is perhaps flawed but has yet to be tested.

[GreenMirror]

Why do you think it's "unproven"?

The tax charge has been issued under the terms of valid UK legislation.

No challenge before a UK Court has yet been successful in claiming that the debt is anything other than legally due.

No UK court has made anyone bankrupt over an APN.

APN before an Australian authorities? That will be different.

[webberg]

https://forums.contractoruk.com/hmrc...residents.html is a good place to start.

https://forums.contractoruk.com/hmrc...ml#post2292031 is another one.

Remember that at the moment it is still an unproven debt.

Why do you think it's "unproven"?

The tax charge has been issued under the terms of valid UK legislation.

No challenge before a UK Court has yet been successful in claiming that the debt is anything other than legally due.

[malvolio]

https://forums.contractoruk.com/hmrc...residents.html is a good place to start.

https://forums.contractoruk.com/hmrc...ml#post2292031 is another one.

Remember that at the moment it is still an unproven debt.

But there are tax recovery treaties between UK and Oz that precede MARD, which are EU vehicles. Hence, ask the local authorities which ones are still in effect.

[GreenMirror]

https://forums.contractoruk.com/hmrc...residents.html is a good place to start.

https://forums.contractoruk.com/hmrc...ml#post2292031 is another one.

Remember that at the moment it is still an unproven debt.

[malvolio]

I believe there are robust mutual taxation agreements between UK and Oz (in fact, most Commonwealth countries). It wouldn't at all surprising that they are following an entirely legitimate process.

Perhaps ask the Australian tax authorities what they think?