Reply to: HMRC enquiries EBT - Castlemaine and general questions

[LudoP]

No settlement for ACC

Hi all,

I believe that you have received the latest news from ACC. These people are more interested in selling us a repayment plan than helping us with a suitable settlement.

I have joined Big Group and I would advise anybody looking for a settlement to join this group as well.

[Yaz77]

Schedule of Information 2014/15

Has anyone else received a notice from HMRC asking for information on the Castlemaine Trust scheme? Is there someone in Castlemaine that I can contact? All my information is old and I cannot get hold of anyone. Please advice if there is a company dealing with these.

[regron]

Has anyone received the latest letter from inland revenue re 2012-2013 tax year. It's not an assessment but a request for information? I've passed a copy of the letter ITSA44 to Castlemaine for advice?
Jez

Just be wary that failure to fully comply with this 'Informal Request' is resulting in Schedule 36 notices (Formal Request) being issued, which HAVE to be complied with, or come with severe penalties. This isn't to scare you, but something that you may want to mention to Castlemaine in your conversation.

[rufusTfirefly]

Castlemaine

Are Castlemaine still around and supporting via AAP ?

[Jez123]

2012-2013 tax year

Has anyone received the latest letter from inland revenue re 2012-2013 tax year. It's not an assessment but a request for information? I've passed a copy of the letter ITSA44 to Castlemaine for advice?
Jez

[dirk]

just received a demand for 2011-2012 tax year. Will have to start the appeal process again on Monday, jesus will they never give up?

Had you received a self assessment check letter from the revenue already?

[Jez123]

2011-2012 tax year

just received a demand for 2011-2012 tax year. Will have to start the appeal process again on Monday, jesus will they never give up?

[Jez123]

"If the scheme has been disclosed but the number has been missed from the initial list, a revised list is due out in October. If it's on that list, then an APN may be on its way."


Does anyone know if a revised list has been published and if so, is Castlemaine on it? Many thanks in advance.

[pimpernell]

[QUOTE=Rob79;1986280]It means that HMRC has no cause to issue an APN - at the moment.

If the scheme has been disclosed but the number has been missed from the initial list, a revised list is due out in October. If it's on that list, then an APN may be on its way.

If the scheme was disclosed but HMRC has withdrawn the SRN I think again, they are unable to issue an APN unless they manage to reinstate a SRN (and as far as I'm aware there is no mechanism for that).

If the scheme has not been disclosed then (subject to the caveat below) one of the key conditions required for an APN to be issued is not present and therefore APN's cannot be issued until either a Follower Notice was issued, or some action taken under the GAAR.

It's difficult to see that a Follower Notice is appropriate as there are no cases that seem close enough in fact pattern and which have become final in Court.

GAAR is untested. To my knowledge there are no cases sufficiently advanced for GAAR counteraction and I can't see that this scheme would be the headline first target that HMRC want.

The caveat is that HMRC are making noises about schemes that are "notifiable" rather than "notified". It's not clear whether they will seek to make more of this difference but again if they do, I can foresee some form of legal challenge.

In summary - no APN until some further action is taken by HMRC.

This does not preclude HMRC from issuing an assessment to users. However an assessment can be appealed against and a request made for the tax to be postponed pending settlement of the technical/legal issues. That appeal and postponement is not available against APN's. It also means that the time required to collate information, calculate and issue an assessment is considerably longer than that needed for an APN. (In a recent case it took HMRC 5 years from becoming aware that a taxpayer used a particular scheme where they had the financial data to issue an assessment).[/QUOTE

[dirk]

Many thanks for comprehensive reply Rob79. Guess I'll just have to wait here with my fingers crossed until revised list is published in October!

Talk to the accountants dealing with this, they can give you all the information you are concerned about.

[Jez123]

ADVICE

It means that HMRC has no cause to issue an APN - at the moment.

If the scheme has been disclosed but the number has been missed from the initial list, a revised list is due out in October. If it's on that list, then an APN may be on its way.

If the scheme was disclosed but HMRC has withdrawn the SRN I think again, they are unable to issue an APN unless they manage to reinstate a SRN (and as far as I'm aware there is no mechanism for that).

If the scheme has not been disclosed then (subject to the caveat below) one of the key conditions required for an APN to be issued is not present and therefore APN's cannot be issued until either a Follower Notice was issued, or some action taken under the GAAR.

It's difficult to see that a Follower Notice is appropriate as there are no cases that seem close enough in fact pattern and which have become final in Court.

GAAR is untested. To my knowledge there are no cases sufficiently advanced for GAAR counteraction and I can't see that this scheme would be the headline first target that HMRC want.

The caveat is that HMRC are making noises about schemes that are "notifiable" rather than "notified". It's not clear whether they will seek to make more of this difference but again if they do, I can foresee some form of legal challenge.

In summary - no APN until some further action is taken by HMRC.

This does not preclude HMRC from issuing an assessment to users. However an assessment can be appealed against and a request made for the tax to be postponed pending settlement of the technical/legal issues. That appeal and postponement is not available against APN's. It also means that the time required to collate information, calculate and issue an assessment is considerably longer than that needed for an APN. (In a recent case it took HMRC 5 years from becoming aware that a taxpayer used a particular scheme where they had the financial data to issue an assessment).

Many thanks for comprehensive reply Rob79. Guess I'll just have to wait here with my fingers crossed until revised list is published in October!

[Rob79]

It means that HMRC has no cause to issue an APN - at the moment.

If the scheme has been disclosed but the number has been missed from the initial list, a revised list is due out in October. If it's on that list, then an APN may be on its way.

If the scheme was disclosed but HMRC has withdrawn the SRN I think again, they are unable to issue an APN unless they manage to reinstate a SRN (and as far as I'm aware there is no mechanism for that).

If the scheme has not been disclosed then (subject to the caveat below) one of the key conditions required for an APN to be issued is not present and therefore APN's cannot be issued until either a Follower Notice was issued, or some action taken under the GAAR.

It's difficult to see that a Follower Notice is appropriate as there are no cases that seem close enough in fact pattern and which have become final in Court.

GAAR is untested. To my knowledge there are no cases sufficiently advanced for GAAR counteraction and I can't see that this scheme would be the headline first target that HMRC want.

The caveat is that HMRC are making noises about schemes that are "notifiable" rather than "notified". It's not clear whether they will seek to make more of this difference but again if they do, I can foresee some form of legal challenge.

In summary - no APN until some further action is taken by HMRC.

This does not preclude HMRC from issuing an assessment to users. However an assessment can be appealed against and a request made for the tax to be postponed pending settlement of the technical/legal issues. That appeal and postponement is not available against APN's. It also means that the time required to collate information, calculate and issue an assessment is considerably longer than that needed for an APN. (In a recent case it took HMRC 5 years from becoming aware that a taxpayer used a particular scheme where they had the financial data to issue an assessment).

[Jez123]

Can anyone answer, what does it mean specifically if Horizon/Arnica scheme is not on the list below

https://www.gov.uk/government/upload..._July_2014.pdf

[BenDover]

Looks like the list of possible APN schemes has been published. Not sure if the Horizon/Arnica schemes are on there as it's just a list do SRNs.


https://www.gov.uk/government/upload..._July_2014.pdf

No they are not on the list.

[rufusTfirefly]

Looks like the list of possible APN schemes has been published. Not sure if the Horizon/Arnica schemes are on there as it's just a list do SRNs.


https://www.gov.uk/government/upload..._July_2014.pdf