https://www.accountingweb.co.uk/tax/...oes-down-badly
for those interested in the text of the case ukftt_tc_2023_659.pdf (nationalarchives.gov.uk)
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I'm just going to leave this here
https://www.accountingweb.co.uk/tax/...oes-down-badly
for those interested in the text of the case ukftt_tc_2023_659.pdf (nationalarchives.gov.uk) -
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Oh dear. Another scam? There has to be a book written one day about all this.Originally posted by tasee70 View PostLeave a comment:
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not sure if this is the time to switch to https://wttconsulting.co.uk/ as there is no response from Mike Kerridge. Someone could please adviseLeave a comment:
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Has anyone manage to speak to Mike Kerridge. I have tried calling and emailing but no response. HMRC deadline of 27 July is approaching fast. Are there any alternative for Berwick associates cases who could pursue the cases with HMRC. I am just worried that we gave so much money to Kerridge but he is not responding at the end.
Anyone with any information or alternatives please help.Leave a comment:
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Unfortunately I'd say 2. I'm sure if he had won then there would have been another invoice in my inboxOriginally posted by GhostofTarbera View Post
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2 optionsOriginally posted by Concernedlc View Post
1. HMRC caved in, he won and you missed the update in your emails and you can sleep easy
2. He has done a runner
What is your money on ?
Sent from my iPhone using Contractor UK ForumLeave a comment:
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Contact with Kerridge etc
Not wanting to put my head in the lions mouth - but has anyone heard from Kerridge since early this year. It seems that I along with a lot of other people have given him thousands of pounds to defend schemes that he had a hand in advising on and now he seems to have gone awol. He's not answering his phone and his companies are no longer at their registered addresses.Leave a comment:
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More than 2 weeks since a number of posts were removed and still no explanation? Any chance of an update from the mod or admin?Originally posted by administrator View PostLeave a comment:
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The user name is actually 'berwickmjkexposed' and it does still exist. However, his/her post like everyone else's for weeks back has disappeared without explanation. I too will happily provide the Administrator with facts if asked, like the mid-2011 promotional 'press releases' produced by the accountant (not CP) that told us the Berwick scheme was all fully legit and set out all the benefits. For some strange reason though, there was absolutely zero mention of risks? It's interesting that only yesterday HMRC published a paper making it clear that, from December 2010 onwards, through Budget statements and official information releases it was really starting to clamp down on the use of 'disguised remuneration' schemes and, in particular, the use of loans as a replacement for remuneration. The Berwick scheme, for those who don't know or can't remember, was formed in early-2011.......Originally posted by Specsgalore View Post
In answer to previous postings on the subject of making complaints to regulators, here are links you may find useful:
https://www.icaew.com/-/media/corpor...018.ashx?la=en (for ICAEW)
Guidance for the Public | The Taxation Disciplinary Board (for CIoT)Last edited by Centrick; 15 March 2019, 00:56.Leave a comment:
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One user has told me he's got screenshots of the whole thread (for some reason of another) and remarks the user 'mjkberwickexposed' no longer exists, so perhaps that's what it's all connected with as he did make some strong statements? Anyway, don't see why everyone else's posts were taken down and I'm happy for the mods to check facts with me if they want! Hope this site doesn't become like RT.......Originally posted by Centrick View Post
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Several posts have been removed from this thread while we investigate any facts behind them.Leave a comment:
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My name has been mentioned and I'll respond to the points that I can.
Mis-selling. Of what? You had an opinion as to the tax effects of the arrangements. You had no guarantee that they would work as claimed.
Even if you could show that you placed reliance upon the opinion of a (in this case) professional, were you that professional's client? I suggest not. I suggest that you were a person buying a product rather than a person buying a professional service in which that professional has to adhere to minimum standards and could be sued for giving negligent advice.
Negligent advice can be given only to a client to whom a duty of care is owed. You were not. You were buying a product and the professional gave an opinion to whomever owned that product. That may have been a connected party (even him/herself) but the opinion belonged to the owner and you had no legal rights if you relied upon it.
Whether you had moral or ethical rights is not a question I can answer.
In terms of HMRC powers to go after the "creator/promoter", there are none.
Rules around the penalties that can be visited upon promoters of schemes that fail were introduced only a few years ago. Even then the process is long. When does a scheme fail? Is it when HMRC raise an enquiry? Is it when you pay an APN? Is it when a Judge says so. The first point is a year from submitting a tax return, the second, perhaps 3 years, the third perhaps 10 years. What benefit do you get from such penalties? None.
HMRC does have powers to move against employers. They have blatantly failed to do that in many cases (you cite Berwick being "allowed" to be struck off - I don't know why that was permitted).
It is a harsh truth but you bought a product that depended upon a tax opinion which in turn you have no legal rights to sue over, should it be wrong.
You bought an opinion. A Judge would say that a reasonable man would have executed a degree of due diligence and background checking when you were spending a year, 2 years, 3 years salary on an opinion. Perhaps seeking an independent view from a suitable professional. (If you did and were not warned about the risks, then you have a prima facie case against that second opinion).Leave a comment:
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