HMRC phone calls to Australia for APN

[Jimbobmcgooter]

Hi everyone,

I was with Edge Consulting in 2007 and moved to Australia in 2013. I received a phone call last week from HMRC demanding payment of my APN and they are threatening to send in debt collectors here in Australia.

Can anyone give me any advice with regards to what they can and can't do over here? Any help from someone with a similar situation would be greatly appreciated

Much obliged

[cojak]

Moved into its own thread as I didn’t want it to get lost.

[OverIt]

Presumably it is just a threat. The amount owed is still in dispute and so I don't imagine there would be legal grounding for them to collect. If a debt collection agency were to approach you, you could ask under what legal authority do they have to collect - I don't think the Australian courts will enforce the debt.

[malvolio]

I believe there are robust mutual taxation agreements between UK and Oz (in fact, most Commonwealth countries). It wouldn't at all surprising that they are following an entirely legitimate process.

Perhaps ask the Australian tax authorities what they think?

[GreenMirror]

https://forums.contractoruk.com/hmrc...residents.html is a good place to start.

https://forums.contractoruk.com/hmrc...ml#post2292031 is another one.

Remember that at the moment it is still an unproven debt.

[malvolio]

https://forums.contractoruk.com/hmrc...residents.html is a good place to start.

https://forums.contractoruk.com/hmrc...ml#post2292031 is another one.

Remember that at the moment it is still an unproven debt.

But there are tax recovery treaties between UK and Oz that precede MARD, which are EU vehicles. Hence, ask the local authorities which ones are still in effect.

[webberg]

https://forums.contractoruk.com/hmrc...residents.html is a good place to start.

https://forums.contractoruk.com/hmrc...ml#post2292031 is another one.

Remember that at the moment it is still an unproven debt.

Why do you think it's "unproven"?

The tax charge has been issued under the terms of valid UK legislation.

No challenge before a UK Court has yet been successful in claiming that the debt is anything other than legally due.

[GreenMirror]

Why do you think it's "unproven"?

The tax charge has been issued under the terms of valid UK legislation.

No challenge before a UK Court has yet been successful in claiming that the debt is anything other than legally due.

No UK court has made anyone bankrupt over an APN.

APN before an Australian authorities? That will be different.

[webberg]

No UK court has made anyone bankrupt over an APN.

APN before an Australian authorities? That will be different.

That may well be true. We are aware of County Court cases being taken for recovery. Not many, but a few.

In those, the "unproven" point has carried no weight in terms of denying liability.

I'm not an insolvency expert but from what I'm told by such, the liability is valid and legal despite it relating to an analysis from HMRC that is perhaps flawed but has yet to be tested.

[QCApproved]

There antipodeans in BG looking at the issue and taking advice collectively on these matters. Other informal bands that you may also see on other threads.