Anyone NOT settling?

[webberg]

So what was the point of me filling in the financial questionnaire that they sent to me?

I don't see anywhere where is says "give us a call and make us an offer"

Why did they say "How much can you afford to pay"?

Instead of sending a 10 page questionnaire which took them 2 months to send why not drop me an email and ask me to give them a number?

Because if you read all the way to the bottom of the page it says (in so many words) that any offer will be rejected if it exceeds the disposal income (income less expenses) or is a very high proportion of that disposable figure.

Further the financial information is provided so that HMRC can see what funds are available. Just as they will not allow instalments to exceed monthly disposable, they will expect liquid funds to be utilised toward payment.

This is a well trodden path with extensive guidelines and perversely an area in which HMRC is knowledgeable and usually pretty accurate. Being in wilful denial of the legal obligations, process, parameters and choosing not to access HMRC's views is not sensible if your intention is to settle.

[demby]

It's YOUR obligation to send HMRC an offer (payment plan or otherwise) and the is NO OBLIGATION on HMRC to propose a plan to you.

Failing to make that plan available to HMRC for consideration could lose you a settlement.

Your choice.

If you want to settle on present terms, as the man said, I'd be calling them every day (which I am).

So what was the point of me filling in the financial questionnaire that they sent to me?

I don't see anywhere where is says "give us a call and make us an offer"

Why did they say "How much can you afford to pay"?

Instead of sending a 10 page questionnaire which took them 2 months to send why not drop me an email and ask me to give them a number?

[webberg]

Looks like I won't be able to settle because the incompetents have yet to come back with a repayment plan.

It's YOUR obligation to send HMRC an offer (payment plan or otherwise) and the is NO OBLIGATION on HMRC to propose a plan to you.

Failing to make that plan available to HMRC for consideration could lose you a settlement.

Your choice.

If you want to settle on present terms, as the man said, I'd be calling them every day (which I am).

[eek]

Looks like I won't be able to settle because the incompetents have yet to come back with a repayment plan.

They've had 10 working days WTF aren't you ringing them at 9am every morning to find out what is happening.

[demby]

Looks like I won't be able to settle because the incompetents have yet to come back with a repayment plan.

[eek]

It's worth noting that HMRC have started to delete/destroy data more than 6 years old. Even on open enquiries they may have opened the enquiry, then started to destroy the original evidence they had.

Hey, if HMRC can't file and mark their data correctly that is they problem - no one elses - and remember it's one rule for HMRC and another for everyone else (well until you get to the tax tribunal and HMRC give up as you walk through the door due to lack of evidence).

[WTFH]

You need to keep records for seven years in case there is an enquiry into your affairs. Only if there isn't an enquiry can you then bin those records.

It's worth noting that HMRC have started to delete/destroy data more than 6 years old. Even on open enquiries they may have opened the enquiry, then started to destroy the original evidence they had.

[eek]

Bearing in mind one was only supposed to have a need to keep seven years of company records, or at least, HMRC can legitimately and legally only go back seven years, the fact that for Loan Charges they have taken it 20 years back should really answer this question.

You need to keep records for seven years in case there is an enquiry into your affairs. Only if there isn't an enquiry can you then bin those records.

[simes]

Anyone got an idea on this.

HMRC open and enquiry. The tax payers Tax Advisor contests this and gives his client a proforma replay stating why tax is not due and asking for the enquiry to be closed. HMRC do not respond at all stating their position. Does that year remain open until they decide to write back or is there a time limit.

Bearing in mind one was only supposed to have a need to keep seven years of company records, or at least, HMRC can legitimately and legally only go back seven years, the fact that for Loan Charges they have taken it 20 years back should really answer this question.

[DealorNoDeal]

I get they stay open but if you responded back stating the position and specifically asking for to be closed I read somewhere HMRC have to come back and eventually you end up at tribunal. I guess your implying they dont need to respond to you and they can sit there waiting for a rainy day ten or twenty years down the line ?

If HMRC decline to issue a closure notice, you can apply to the first tier tribunal for them to direct HMRC to issue one. It may involve a hearing at the tribunal.

[lowpaidworker]

There is no time limit on open years - the best you can hope for is that you will be able to push for closure of the open year some point later.

I get they stay open but if you responded back stating the position and specifically asking for to be closed I read somewhere HMRC have to come back and eventually you end up at tribunal. I guess your implying they dont need to respond to you and they can sit there waiting for a rainy day ten or twenty years down the line ?

[eek]

Anyone got an idea on this.

HMRC open and enquiry. The tax payers Tax Advisor contests this and gives his client a proforma replay stating why tax is not due and asking for the enquiry to be closed. HMRC do not respond at all stating their position. Does that year remain open until they decide to write back or is there a time limit.

There is no time limit on open years - the best you can hope for is that you will be able to push for closure of the open year some point later.

[lowpaidworker]

Anyone got an idea on this.

HMRC open and enquiry. The tax payers Tax Advisor contests this and gives his client a proforma replay stating why tax is not due and asking for the enquiry to be closed. HMRC do not respond at all stating their position. Does that year remain open until they decide to write back or is there a time limit.

[webberg]

So you have two years with an open appeal.

You have HMRC winning Rangers which says that income from employment is taxable.

You have Hoey and Higgs which says HMRC can turn off the PAYE obligations of end clients

You have Part 7A ITEPA which claims to tax disguised remuneration.

Enough law?

What do you have to counter this?

There are adviser groups out there (us included who have spent 5 years and thousands of hours researching this) who have strategies that go a little beyond "show me the law".

I think you may need one of these groups soon.

[evildrome]

Two open years, 2005/2006, 2006/2007.

Got an APN. Paid it.

I'm not going to die if this goes south but how will HMRC justify requesting payment?

They didn't invent the LC because they were sure they had a clear run. In fact, quite the opposite.

And then there's Rangers where they fought tooth and nail to prove that the employer is liable.

What if HMRC asks for money and I say... prove it. Show me the law.