Reply to: 31st May Deadline - All news to me!

[piebaps]

Zander, use the search facility as there are many threads on this lot.

The general consensus is that Baker Tilly (an Isle of Man trust and corporate service provider who were involved in the operation of Darwin) have passed the administration of the loan book to THL. This appears to be genuine and is not a scam in the sense you think. Whether paying them any money is a good idea is a different question altogether. Personally I wouldn't.

[Zander]

Trust Helpline

Re point 3 They asked for a load of info including P45's & P60's as I had 3 different employers in the tax year 2014/2015. 2 were PAYE and 1 was IQ. Only had P45 for IQ as left before end of tax year and started a new PAYE job which issued the P60 for the tax 2014/2015 based on all the P45's issued during the tax year.

I supplied all the docs request and they came back and ask for princely sum of �1.47 as under payment for the tax year!

I worked with a company called Previse at the time who IQ referred me to

"We are a specialist independent company retained by various promoters/arrangement providers to hold their transactional books and records for the 14/15 tax period in addition to assisting individuals to understand why they may receive enquiries from HMRC and what their possible response options are in each scenario.

You have indicated in your submission that you have received a request to complete a tax return for the 2014/15 financial period. This means that you are not yet at enquiry stage.

Regarding your request for a tax return it is worth mentioning that should HMRC request you to complete one you are required to do so. This does not mean however that the arrangement you used in the period is in question re the legality, compliant nature or indeed failure to deliver the benefit it promised. It is merely HMRC wanting to understand your tax affairs in more detail."

So my bad for saying an "enquiry" had been made me not understanding the terminology

Thanks

Good day I have been harassed by this outfit for the last few weeks and usuially get a threatening mail on a Friday evening jus in time to spoil my weekend.
Despite settling all the taxes on loans with HMRC and them not requiring a loans settlement agreement which as correctly state was in fact our monies these two day directors of trust helpline Leyya Djoma and her young 20 year old counter assassin Chloe Louise James they are still requesting 5% to 10% repayment on my own money.
As they have only contacted me by mail I am assuming it is a scam and Darwin who when I contacted there people in the Isle Of Man in October 2013 stated there company had ceased trading but directors were now tax advisors who could assis me for a fee of course.
My thinking is that someone in Darwin past employment have taken our details and either sold or handed to trust helpline for a backhander.
My question is if I had changed mail address I would not have even known abut this hideous charade.
Don’t know about you guys but I am dumping any future mails into my junk section until the sheriffs come knocking even then I am sure these lowlife would be thrown out of court on there asses and rightly so
Cheers

[webberg]

Search feature is not working for me. Which adviser should you suggest?

The search feature has worked thousands of times, so perhaps you need to persevere.

As to adviser, I am conflicted because I am such an adviser. Anything I suggest below therefore needs to be taken in that context and may be inherently self seeking.

Firstly though, you need to decide if you want somebody to work for you, with your best interests at heart and with a duty of care towards you. That means an adviser who has no potential conflicts of interest.

I'm trying to make it obvious that an adviser who is connected with the scheme you used, or the one who recommended you use the scheme, has a potential conflict of interest in that they may (knowingly or otherwise) be looking to protect the scheme or the part they played in your using it.

On the other hand staying with an adviser who knows the history and has some knowledge is going to mean that less time is spent in research.

Secondly, the technical arguments here have moved on and many of them are heading towards litigation, despite HMRC using their best bully boy tactics. Your average High St bookkeeping outfit is unlikely to have what you need. Some mid sized firms may also struggle. The larger firms will have the required technical expertise, but perhaps no practical experience.

Thirdly, what do you want?

Your choices essentially come down to settlement and agreeing a long time to pay or no settlement, litigation and perhaps at the end of that period, paying the tax, interest and maybe penalties if HMRC decides to be difficult.

Settlement is a relatively easy task for any competent adviser. Litigation really means joining a group (to share costs). Some schemes have active groups, most do not.

Most advisers will give you 30 minutes or so of free discussion. Certainly we do and I think Phil at DSW does. I suggest that you speak with one/both of us and discuss your options.

Lastly, how much do you want to pay?

Settlement is less expensive than litigation. We charge a flat fee for that which we will tell you in advance of charging you or doing any work. Other advisers, we don't know.

Most advisers work on an hourly rate. Therefore if somebody needs to research the issue, that increases the hours required and the cost. People have told us that they have been quoted well into 5 figures for the work required. For a competent middle manager in a mid size tax firm that's around 40 hours, which seems very high to us. It may be that the people we speak with have asked for more than settlement, hence the big number.

Also, don't forget that settling the tax does not mean that the loan falls away as a potential liability. You still need to deal with that. We do this as part of what we offer and for all I know, others doe as well. You should though check.

[snk888]

Laying aside the words and interpreting this as asking if advice is available, I have to disagree.

These threads have thousands of posts and just this afternoon I have put up details of our view and advice on the letters many have recently received.

The advice given on this website has to be general in nature otherwise it risks being subjected to objection from parties who consider themselves to be wrongly accused of various misdemeanours or errors or it risks divulging to non clients, work that has been paid for by others.

No professional adviser is going to risk this.

I suspect that the administrators on the website here are also quite diligent in preventing transgressions for their own reasons.

use the search features of the website to seek what you need.

If you want personal and bespoke information, speak to an adviser.

Search feature is not working for me. Which adviser should you suggest?

[webberg]

On here, I don't think NOBODY is going to help you or give you advise!! Who ever is out there......Prove me wrong!! ???? Not going to happen is it?

Laying aside the words and interpreting this as asking if advice is available, I have to disagree.

These threads have thousands of posts and just this afternoon I have put up details of our view and advice on the letters many have recently received.

The advice given on this website has to be general in nature otherwise it risks being subjected to objection from parties who consider themselves to be wrongly accused of various misdemeanours or errors or it risks divulging to non clients, work that has been paid for by others.

No professional adviser is going to risk this.

I suspect that the administrators on the website here are also quite diligent in preventing transgressions for their own reasons.

use the search features of the website to seek what you need.

If you want personal and bespoke information, speak to an adviser.

[snk888]

On here, I don't think NOBODY is going to help you or give you advise!! Who ever is out there......Prove me wrong!! ???? Not going to happen is it?

Hi my issue is

Are they expecting to pay the Loan amount back. It was my money in the first place

There statement states - It should be noted that settling with HMRC will deal with the Tax outstanding but the loan(s) will remain outstanding and attracting interest. The Trustees urgently require you to make your proposals for settling the loan(s).

BUT THE Loan amount was MY money in the first place which I had to go to work for. So why should I be paying anything to you. I don’t understand

It’s the way you were paying is the issue which has caused problems

They sold as mis-leading information and as a consequence the candidates who got caught are now expected to pay for your mistakes
The candidates are victims and just like the PPI ( mis-sold information) they are being compensated. So why are we not

[kazzy123]

Me TOO I have a letter

So Previse have come back and say speak to THL nothing to do with us mate! Looks like all the PREVIOUS people we dealt with have now washed their hands of the issue! This is the content of the email I got from them. It is the same stock email word for word, I have seen else where on this forum over the last few days!

If you have been employed by a previous Payroll Service and you have outstanding questions, then we must direct you to Helpline Services Limited ([email protected]) (�THL�).

THL have been appointed by all the Trustees of the Trusts, where any outstanding Employee Benefit Trust loans or other loans are owed (the �Loans�) and by all the former employers (the �Entities�). THL will be able to assist you with your enquiries.

THL have all the books and records for the Entities and access to all the Trust records so they have all the information to hand to answer your questions, regarding:

1. Status of outstanding Loans (they can provide a Loan Statement for you),
2. The potential impact of HMRC�s �2019 Loan Charge� legislation,
3. Questions regarding Accelerated Payment Notices (APNs) that you might have,
4. Those who have settled with HMRC and require a �Deed of Release� from the Trustees,
5. Those who are considering settling with HMRC,
6. Those who wish to repay their loans,
7. Those wishing to consider their options where they can�t afford 5 or 6 above, and
8. Any other questions you might have.
THL are equipped to engage with you, but to do so they will require some basic KYC documentation (Know Your Customer, such as copy of your Passport and proof of address) from you, so that they can confirm your identity and match you to the records held by them.

THL can be contacted via email at <mod snip>. I would recommend that you make contact with them directly.

Previse are not equipped to answer any of the above questions now that THL have been appointed.

Hi my issue is

Are they expecting to pay the Loan amount back. It was my money in the first place

There statement states - It should be noted that settling with HMRC will deal with the Tax outstanding but the loan(s) will remain outstanding and attracting interest. The Trustees urgently require you to make your proposals for settling the loan(s).

BUT THE Loan amount was MY money in the first place which I had to go to work for. So why should I be paying anything to you. I don�t understand

It�s the way you were paying is the issue which has caused problems

They sold as mis-leading information and as a consequence the candidates who got caught are now expected to pay for your mistakes
The candidates are victims and just like the PPI ( mis-sold information) they are being compensated. So why are we not

[uppoocreek]

I had a referanal to Previse and they seemingly held all the documents from IQ in July 2016 anyway. I received my P45 for IQ from them. It was a free service at the time although you had to wait up to 30 days for the docs. I have just asked them (Previse) again for a copy of a P11D that IQ submitted to the HMRC in 2015. I am waiting to hear back and will post on here if I do.

Have you heard from Trust Help Line recently (over the last week or so?) They now claim to hold the documents as per their email..

So Previse have come back and say speak to THL nothing to do with us mate! Looks like all the PREVIOUS people we dealt with have now washed their hands of the issue! This is the content of the email I got from them. It is the same stock email word for word, I have seen else where on this forum over the last few days!

If you have been employed by a previous Payroll Service and you have outstanding questions, then we must direct you to Helpline Services Limited ([email protected]) (�THL�).

THL have been appointed by all the Trustees of the Trusts, where any outstanding Employee Benefit Trust loans or other loans are owed (the �Loans�) and by all the former employers (the �Entities�). THL will be able to assist you with your enquiries.

THL have all the books and records for the Entities and access to all the Trust records so they have all the information to hand to answer your questions, regarding:

1. Status of outstanding Loans (they can provide a Loan Statement for you),
2. The potential impact of HMRC�s �2019 Loan Charge� legislation,
3. Questions regarding Accelerated Payment Notices (APNs) that you might have,
4. Those who have settled with HMRC and require a �Deed of Release� from the Trustees,
5. Those who are considering settling with HMRC,
6. Those who wish to repay their loans,
7. Those wishing to consider their options where they can�t afford 5 or 6 above, and
8. Any other questions you might have.
THL are equipped to engage with you, but to do so they will require some basic KYC documentation (Know Your Customer, such as copy of your Passport and proof of address) from you, so that they can confirm your identity and match you to the records held by them.

THL can be contacted via email at <mod snip>. I would recommend that you make contact with them directly.

Previse are not equipped to answer any of the above questions now that THL have been appointed.

[uppoocreek]

IQ sent me no documents when I left, no p60, p45 or p11d.

I had a referanal to Previse and they seemingly held all the documents from IQ in July 2016 anyway. I received my P45 for IQ from them. It was a free service at the time although you had to wait up to 30 days for the docs. I have just asked them (Previse) again for a copy of a P11D that IQ submitted to the HMRC in 2015. I am waiting to hear back and will post on here if I do.

Have you heard from Trust Help Line recently (over the last week or so?) They now claim to hold the documents as per their email..

[Volks]

Re point 3 They asked for a load of info including P45's & P60's as I had 3 different employers in the tax year 2014/2015. 2 were PAYE and 1 was IQ. Only had P45 for IQ as left before end of tax year and started a new PAYE job which issued the P60 for the tax 2014/2015 based on all the P45's issued during the tax year.

I supplied all the docs request and they came back and ask for princely sum of £1.47 as under payment for the tax year!

I worked with a company called Previse at the time who IQ referred me to

"We are a specialist independent company retained by various promoters/arrangement providers to hold their transactional books and records for the 14/15 tax period in addition to assisting individuals to understand why they may receive enquiries from HMRC and what their possible response options are in each scenario.

You have indicated in your submission that you have received a request to complete a tax return for the 2014/15 financial period. This means that you are not yet at enquiry stage.

Regarding your request for a tax return it is worth mentioning that should HMRC request you to complete one you are required to do so. This does not mean however that the arrangement you used in the period is in question re the legality, compliant nature or indeed failure to deliver the benefit it promised. It is merely HMRC wanting to understand your tax affairs in more detail."

So my bad for saying an "enquiry" had been made me not understanding the terminology

Thanks

IQ sent me no documents when I left, no p60, p45 or p11d.

[uppoocreek]

Thanks

Re point 3 They asked for a load of info including P45's & P60's as I had 3 different employers in the tax year 2014/2015. 2 were PAYE and 1 was IQ. Only had P45 for IQ as left before end of tax year and started a new PAYE job which issued the P60 for the tax 2014/2015 based on all the P45's issued during the tax year.

I supplied all the docs request and they came back and ask for princely sum of £1.47 as under payment for the tax year!

I worked with a company called Previse at the time who IQ referred me to

"We are a specialist independent company retained by various promoters/arrangement providers to hold their transactional books and records for the 14/15 tax period in addition to assisting individuals to understand why they may receive enquiries from HMRC and what their possible response options are in each scenario.

You have indicated in your submission that you have received a request to complete a tax return for the 2014/15 financial period. This means that you are not yet at enquiry stage.

Regarding your request for a tax return it is worth mentioning that should HMRC request you to complete one you are required to do so. This does not mean however that the arrangement you used in the period is in question re the legality, compliant nature or indeed failure to deliver the benefit it promised. It is merely HMRC wanting to understand your tax affairs in more detail."

So my bad for saying an "enquiry" had been made me not understanding the terminology

Thanks

[webberg]

Re point 3, that's not a letter from HMRC saying that they made enquiries and have no questions.

I suspect it's not worth much in this context.

Go for settlement.

[uppoocreek]

Thanks but that has raised more questions for me..

Questions:
1) Checked PAYE records on HMRC website 2014/2015 still showing would I be able to update with loan now? No -too late. You can make a written submission to HMRC with the "new" information but that may not protect you from a penalty for making an incorrect return. Settlement via the offer has no penalties.
So if I settle via the settlement I will NOT pay penalties?
2) Would I face penalties for not declaring the loan on SA in 1 when I filled it in 2 years ago? Possibly. - So screwed?
3) HMRC already did a review of tax year 2014/2015 and signed off on the SA I paid outstanding tax based on submission would they now reopen that tax year if I registered via the settlement option? By electing for settlement, you reopen the year. What do you mean by "signed off"? A letter from HMRC saying that they made an enquiry and subsequently closed it?
Yes they sent a letter saying everything fine and I would no longer need to do SAs going forward
4) Given 2 & 3 would I just be best to wait for LC 2019 anyway and get hit since I think I am already in the poo for number 2? Possibly. Depends on your income in 18/19 and where adding the loan value might take you in tax bands.
According to the HMRC website they estimate my year 18/19 will be £87500 via PAYE with an estimate of £25k+ from this as tax. So I need to get the loan value then and add together. Which I suspect will take me into the 45% bracket...

[webberg]

Registered. What now?

Questions:
1) Checked PAYE records on HMRC website 2014/2015 still showing would I be able to update with loan now? No -too late. You can make a written submission to HMRC with the "new" information but that may not protect you from a penalty for making an incorrect return. Settlement via the offer has no penalties.
2) Would I face penalties for not declaring the loan on SA in 1 when I filled it in 2 years ago? Possibly.
3) HMRC already did a review of tax year 2014/2015 and signed off on the SA I paid outstanding tax based on submission would they now reopen that tax year if I registered via the settlement option? By electing for settlement, you reopen the year. What do you mean by "signed off"? A letter from HMRC saying that they made an enquiry and subsequently closed it?
4) Given 2 & 3 would I just be best to wait for LC 2019 anyway and get hit since I think I am already in the poo for number 2? Possibly. Depends on your income in 18/19 and where adding the loan value might take you in tax bands.

thanks

See above..

[uppoocreek]

What now?

Registered. What now?

Questions:
1) Checked PAYE records on HMRC website 2014/2015 still showing would I be able to update with loan now?
2) Would I face penalties for not declaring the loan on SA in 1 when I filled it in 2 years ago?
3) HMRC already did a review of tax year 2014/2015 and signed off on the SA I paid outstanding tax based on submission would they now reopen that tax year if I registered via the settlement option?
4) Given 2 & 3 would I just be best to wait for LC 2019 anyway and get hit since I think I am already in the poo for number 2?

thanks