BN66 - Round 2 (Court of Appeal)

[BolshieBastard]

Even if we are blocked at every turn, which I can't see happening, it will still go on for years.

It's taken 18 months from when we applied for the JR just to get to where we are now. We've got 3 more courts to go (CoA -> SC -> EU), and the higher up you go the slower the wheels of justice turn.

And this doesn't even take into account Montpelier's "Plan B" if the HR angle does not prevail.

A resolution by 2014 is probably wildly optimisitic.

I agree. I reckon this will be nearer 10 years before its finally 'sorted' unless there is a massive climbdown by the leeches.

[Cantthinkof1]

Yes but for how long are our closure notices in the state of 'in appeal'.?

i.e. when can HMRC legally demand payment?

Can we legally appeal until all avenue's are exhausted? I certainly can't afford an extra 10% penanlty every 30 days for 4 years.

Helen7, please see a similar question posted by me yesterday, and the subsequent answer by DR... It goes some of the way to answer your question..

[johnnyguitar]

Helen7, please see a similar question posted by me yesterday, and the subsequent answer by DR... It goes some of the way to answer your question..

and there are no penalties whilst they are under appeal.

[SantaClaus]

Of course, the UK could well be bankrupt before we go bankrupt ourselves

[DonkeyRhubarb]

Yes but for how long are our closure notices in the state of 'in appeal'.?

Our appeals can only be decided at a Tax Tribunal. HMRC wouldn't have to take every one of us to Tribunal but they would need to take representative test cases. However, it's very unlikely that a Tax Tribunal would consider this while it's being challenged in the upper courts.

HMRC could try to revoke the postponement of payment but this too would end up at a Tribunal.

Also, it would become a political hot potato if they started trying to take people's homes while the matter was still in the courts.

The cynic in me says that if HMRC are going to try anything dirty, they'll wait until after the election.

[Biggles]

Long time lurker, occassional poster...

Hi,

I'm just after some advice from anyone who has been in my situation. I am about to go through a divorce (thanks HMRC for my insomnia, depression etc) and am considering paying up as I am not sure if my potential tax liability will be taken into account in the settlement.

I already stand to loose my kids and 60% of my assets, including my home for the last 13 years and I wasn't even the one who had the affair (I'm not bitter honest!). It may already be too late, but I don't want to be loosing 60% of my assets, including my saved tax liability, and then being forced to pay maintenance and another mortgage for myself on top. At least if I pay my tax bill that portion wont have to be divided, but I may be wrong.

My question is, will the courts take my current tax liability into account or am I totally stuffed.

Thanks.

[SantaClaus]

Hi,

I'm just after some advice from anyone who has been in my situation. I am about to go through a divorce (thanks HMRC for my insomnia, depression etc) and am considering paying up as I am not sure if my potential tax liability will be taken into account in the settlement.

I already stand to loose my kids and 60% of my assets, including my home for the last 13 years and I wasn't even the one who had the affair (I'm not bitter honest!). It may already be too late, but I don't want to be loosing 60% of my assets, including my saved tax liability, and then being forced to pay maintenance and another mortgage for myself on top. At least if I pay my tax bill that portion wont have to be divided, but I may be wrong.

My question is, will the courts take my current tax liability into account or am I totally stuffed.

Thanks.

Whilst the advice on this board is very good and well intentioned, I would get the advice of a professional solicitor. It's too serious a matter not to.

[Biggles]

Thanks SantaClaus,

I am off to the solicitors this week, just wanted a bit of background to see what was possible and what had been achieved before.

Cheers.

[Mojito]

Get a good brief

My question is, will the courts take my current tax liability into account or am I totally stuffed.

In short YES it must be taken into account as its a liability incurred during the course of the marriage, but as per previous advice, make sure you have a good brief as there's all sorts of games that can be played by the other side. As a newbie I am not sure if I am PM-able but I can point you at a Central London solicitor who is very thorough and is helping me in a similar (although not BN66) situation.

[DonkeyRhubarb]

Comment from Montpelier

My question is, will the courts take my current tax liability into account or am I totally stuffed.

This is what they have to say:

"Yes, most solicitors build the potential exposure into the divorce -we have done quite a few letters for the divorce courts explaining the situation and how the potential exposure may need to be considered in the final settlement."