Originally posted by OnYourBikeGB
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No To Retro Tax – Campaign Against Section 58 Finance Act 2008
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for the first time since I can remember we seem to have a chance to cause a stir with HMRC and actually get ahead of the game. Reason being govt have nothing to do with a case related to HMRC malpractice. Gauke et al in the treasury can only sit by and watch Watkin (hopefully) take HMRC apart legally...
GOD I REALLY HOPE SO!!!!Comment
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Originally posted by smalldog View Postfor the first time since I can remember we seem to have a chance to cause a stir with HMRC and actually get ahead of the game. Reason being govt have nothing to do with a case related to HMRC malpractice. Gauke et al in the treasury can only sit by and watch Watkin (hopefully) take HMRC apart legally...
GOD I REALLY HOPE SO!!!!Comment
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Originally posted by the great escape View Post
"'The Tax Office is allowed to collect what it is entitled to collect,'' he said. ''It is not entitled to harass, to bully, to lie, to cheat, to force people into these situations when they don’t owe the money."'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
Nick Pickles, director of Big Brother Watch.Comment
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Originally posted by SantaClaus View PostHMRC take note:
"'The Tax Office is allowed to collect what it is entitled to collect,'' he said. ''It is not entitled to harass, to bully, to lie, to cheat, to force people into these situations when they don’t owe the money."
The case here is also about negligence rather than misuse of powers. In the UK misuse of powers is JR territory. Negligence (duty of care not exercised) is a civil action where loss has to be proven.
Clearly in the Aussie case, the "loss" is of earning power as he spent a lot of time fighting his corner.
The UK legislation tends to protect HMG departments. For example, the owner of a well known film investment company tried to sue the then Head of HMRC over remarks the latter made to a journalist saying that the former was an example of the type of person who peddled tax avoidance schemes and who should therefore be prosecuted. The judge threw the case out saying that HMRC had a right, and perhaps even a DUTY, to identify and use such examples as part of their official policy.
I wish the Aussie guy well (presumably his case has been heard now) but would caution that the UK rules are different.Comment
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Originally posted by Rob79 View PostI would estimate that the ATO is about 10 years ahead of the UK in terms of its powers and ability to harass and bully.
The case here is also about negligence rather than misuse of powers. In the UK misuse of powers is JR territory. Negligence (duty of care not exercised) is a civil action where loss has to be proven.
Clearly in the Aussie case, the "loss" is of earning power as he spent a lot of time fighting his corner.
The UK legislation tends to protect HMG departments. For example, the owner of a well known film investment company tried to sue the then Head of HMRC over remarks the latter made to a journalist saying that the former was an example of the type of person who peddled tax avoidance schemes and who should therefore be prosecuted. The judge threw the case out saying that HMRC had a right, and perhaps even a DUTY, to identify and use such examples as part of their official policy.
I wish the Aussie guy well (presumably his case has been heard now) but would caution that the UK rules are different.'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
Nick Pickles, director of Big Brother Watch.Comment
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Having been on the receiving end of an ATO shafting (IR35 type stuff) I can honestly say they are equal to HMRC in the levels they will stoop.
Only they also hit you with compound interest and its ~10%, however the interest is tax deductable and they do at least negotiate a settlement period i.e. 2 years with you.
But as my accountant put it 'they are a set of C*NTS who make their own judgments and force them upon you knowing full well it will cost you ~30K to fight them in court and hence will likely just settle'
.... sound familiar but was individual case not a group case hence couldnt club together like we have done.Comment
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Chris Moyles tax tribunal influenced by adverse press...
... according to his advisors.
Seems a mickey-mouse scheme, but you can't help thnking his advisor has a point.
Appeal in £290million tax avoidance case involving Chris Moyles fails and former R1 DJ is now warned to expect huge tax bill | Daily Mail OnlineComment
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Originally posted by RingStinger View Post... according to his advisors.
Seems a mickey-mouse scheme, but you can't help thnking his advisor has a point.
Appeal in £290million tax avoidance case involving Chris Moyles fails and former R1 DJ is now warned to expect huge tax bill | Daily Mail Online
Sadly it seems we’re lumped in with these clowns even though our claims were based on our actual activities rather than some fictitious loss generating pastime. It’s people and practices such as this which stir up public opinion resulting in everyone being tarred with the same brush regardless of the facts or legitimacy! Any attempt to change the opinion of the public or MP’s is seriously impacted by cases such as this!Comment
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