Reply to: Telegraph 2/12

[BrilloPad]

http://financeandtax.decisions.tribu...TC07398....pdf

This case - an accountant didnt update a client. Therefore an error was made.
Reason being the accountant gave birth to a child with heart defect and was v understandably distracted.
HMRC didnt care and stated that the individual shouldve just sacked the accountant and charged penalties.
Thankfully the Tribunal had a heart. Unlike HMRC it seems.
The worst part of all of this is that its not even slightly surprising or shocking anymore.
Bear in mind that to get to the FTT this will have been through the case worker, their manager, a review and likely the solicitors office within HMRC. All will have decided to press ahead.

Taken from the Phil Manley feed on linkedin.......

[simes]

Viable efforts notwithstanding, it seems to prove my point in that there is a range of beliefs that has everyone, in turn, in charge.

Glad to see finally my confusion is not a solitary one.

[BrilloPad]

There’s no question to beg, he’s pulling your chain.

HMRC can only operate within the law that has been set. They don’t create laws themselves.

Only Parliament can set laws. The power to remove IR35 lies with politicians, not HMRC.

Wrong. See my later response.

Treasury and political parties report to HMRC.

In 2012 I saw my Labour MP re a tax issue he had voted for in 2008. He had no idea he had voted for it. HMRC give finance act to treasury. It then becomes party policy. To vote against, its a vote of no confidence in the government.

In effect, to stop IR35 reforms requires revolution.

Its very sad.

[meridian]

Confirming that HMT and HMRC do not make the laws, they are just better lobbyists, and that the solution lies with politicians.

[BrilloPad]

Thanks fella.

So, can I ask what sort of power or influence the Treasury and/or a political party have over the HMRC? This in respect of all the political powers politicking with statements of reforms and reviews?

Treasury and political parties report to HMRC.

In 2012 I saw my Labour MP re a tax issue he had voted for in 2008. He had no idea he had voted for it. HMRC give finance act to treasury. It then becomes party policy. To vote against, its a vote of no confidence in the government.

In effect, to stop IR35 reforms requires revolution.

Its very sad.

[malvolio]

HMT advise the Chancellor on the wider economic basis of any proposed taxation. It's what they do. Their forecasts are based on numbers provided by HMRC in their role as collectors of taxes owed.

Since HMRC are pretty bloody awful at collecting those taxes, meaning they are seeing a shortfall against what they promised they would collect, they fudge the numbers they give to HMT to make it look like they are actually hitting their targets. Therefore any shortfall must be down to people not paying the taxes that HMRC believe they owe - not, note, the tax that is actually owed. And then Ministers use their briefing to advise Parliament about what changes are needed in that year's Finance Bill. It all has a sort of horrible inevitablility about it.

HMRC do not have a duty of care towards taxpayers; that is at the heart of the problem.
The Chancellor that puts them back in their box and tells them to stick to being tax gatherers rather than tax administrators will be a hero to many.

[meridian]

Which begs the question, why do politicians (hurriedly) add it to their (hastily made) manifestos / promises?

It would be like me saying, 'I will endeavour to improve NorthernLad's behaviour when in power', without being able to do it, nor having any belief in a useful end result.

There’s no question to beg, he’s pulling your chain.

HMRC can only operate within the law that has been set. They don’t create laws themselves.

Only Parliament can set laws. The power to remove IR35 lies with politicians, not HMRC.

[simes]

None

Which begs the question, why do politicians (hurriedly) add it to their (hastily made) manifestos / promises?

It would be like me saying, 'I will endeavour to improve NorthernLad's behaviour when in power', without being able to do it, nor having any belief in a useful end result.

[ladymuck]

Thanks fella.

So, can I ask what sort of power or influence the Treasury and/or a political party have over the HMRC? This in respect of all the political powers politicking with statements of reforms and reviews?

None

[dx4100]

"I swear, baby, I can change - this time will be different"

Really does feel like an abusive relationship!

[simes]

Neither. It is HMRC.

Sadly you are not alone in getting this. In fact most do not. If only someone would sue individual HMRC officers.

Thanks fella.

So, can I ask what sort of power or influence the Treasury and/or a political party have over the HMRC? This in respect of all the political powers politicking with statements of reforms and reviews?

[BrilloPad]

This will no doubt sound hilarious to many but, who is ultimately the decider over all things IR35?

The Treasury or the in situ political party?

I am sort of hearing one or both, but I am still not sure on whom the focus should be bearing down upon.

Neither. It is HMRC.

Sadly you are not alone in getting this. In fact most do not. If only someone would sue individual HMRC officers.

[simes]

This will no doubt sound hilarious to many but, who is ultimately the decider over all things IR35?

The Treasury or the in situ political party?

I am sort of hearing one or both, but I am still not sure on whom the focus should be bearing down upon.

[vwdan]

Promises a review into his own parties track record...

I mean this lot are totally insufferable... They are running against Labour and their own track record. Never quite seen anything like it....

"I swear, baby, I can change - this time will be different"

[dx4100]

Promises a review into his own parties track record...

I mean this lot are totally insufferable... They are running against Labour and their own track record. Never quite seen anything like it....