No To Retro Tax – Campaign Against Section 58 Finance Act 2008

[BrilloPad]

just received apn - it matches exactly with what is under dispute on hmrc online website - however a new line there says they may also include class 4 ni contributions which I've not heard mentioned before?

also I guess next step is to inform db at montpelier?

(fyi between receiving my advanced notice and the actual apn was almost exactly 2 weeks) - money now due june 8th :-)

As per DR's post a while ago you should email db and TQ.

This thread is getting ridiculously long. It needs a new thread - with most salient points(like contacting MP, getting CTD, potted history) in the first post.

[DonkeyRhubarb]

just received apn - it matches exactly with what is under dispute on hmrc online website - however a new line there says they may also include class 4 ni contributions which I've not heard mentioned before?

also I guess next step is to inform db at montpelier?

(fyi between receiving my advanced notice and the actual apn was almost exactly 2 weeks) - money now due june 8th :-)

Class 4 NIC was on our original closure notices. This was brought up at the Huitson FTT, and we need to wait for the judgement to find out if it's applicable or not.

Yes contact Montpelier:
http://forums.contractoruk.com/accou...ml#post2059017

[slogger]

As per DR's post a while ago you should email db and TQ.

This thread is getting ridiculously long. It needs a new thread - with most salient points(like contacting MP, getting CTD, potted history) in the first post.

thanks Brillo, yep - or maybe a section on ntrt website worth having? - hard to filter the noise.

[BrilloPad]

thanks Brillo, yep - or maybe a section on ntrt website worth having? - hard to filter the noise.

ntrt website! in the member section! great idea!

[patbikeruk]

Getting a copy of all letters from HMRC

Hi Guys

What is the best way to get a copy of all of the correspondence HMRC has sent you in relation to the years they have queries on?

Can you do it over the phone, email or do you have to write?

Can somebody please let me know the best way.

Thanks

Patbikeruk

[stuffed]

Where on the portal??

just register for HMRC online, you can then look at all your tax years and amounts suspended pending appeal.

I log onto my portal and I remember it used to be there. But now I don't see anything. What section is it all under - the wonderful debt and details about when you received the noticves from HMRC? Step by step guide would be great.

PS: I presume I am in the right portal.

Your account | The Online Government Gateway account that you use to access HM Revenue & Customs (HMRC) Online Services has the following contact details:

Then lists your full name and Email address???

[stuffed]

Found it, but not the bit where it says when the notices were supposedly sent?

Is this part on the portal in regards to the notices and when they were posted to us?

NB: to get to the information on your tax years and debts:

"Your HMRC Services"
"Services you can use -> Activate or access online services"
"Self Assesment" -> Access Service
"View Account"
"Tax Years"

Then select whichever horrible year you like

[webberg]

Catching up a bit here as the day job is becoming more important now that I'm self employed.

Class 4 NIC included in the various notices is a tricky one. Class 4 relates to profits from self employment. key words there "profits" and "self employment".

the underlying assumption from HMRC appears to be that the loans constitute profit from a self employed activity. Really?

If they think you're self employed then you can claim expenditure. The gross income is not subject to NI.

If the core argument is that the loan is disguised employment income, there should be no Class 4 NIC.

HMRC can't have their cake and eat it on this one.

Challenge the assumption and use it as grounds for a representation on the APN. Wait until about a week before it's due and send a letter.

(Happy to draft something if required - caveat though - I would like to see some data in exchange - no fee).

If you're contacting HMRC and asking then to prove that they have issued notices, do it in a letter that is sent registered post and give them a deadline to respond by - normally 30 days.

Discovery is a tricky subject. A lot will turn on what HMRC was told and how. I'll have a think about doing a simplified note on this 9as I'm doing something similar for a fee paying client). Do NOT assume that putting the DOTAS SRN on your return protects you from discovery. It may do but it may not. The question is referred to in a couple of recent cases still going through the system but no proper answer yet.

[smalldog]

Is this part on the portal in regards to the notices and when they were posted to us?

NB: to get to the information on your tax years and debts:

"Your HMRC Services"
"Services you can use -> Activate or access online services"
"Self Assesment" -> Access Service
"View Account"
"Tax Years"

Then select whichever horrible year you like

No, there isnt any detail on when notices were sent, you can just see the tax years and amounts.

[TAF4]

<snip>Class 4 NIC included in the various notices is a tricky one. Class 4 relates to profits from self employment. key words there "profits" and "self employment".

the underlying assumption from HMRC appears to be that the loans constitute profit from a self employed activity. Really?

<snip>

Confused a bit by this. Loans?
S58 applies to Family Trust benefits. Does this Class 4 distinction described apply to the S58 retro victims?