PDA

View Full Version : Are there more HMRC enquiries in the pipeline?



Subsignal
12th September 2013, 10:44
Has anyone seen this?

HM Revenue & Customs: Contractor loan schemes (http://www.hmrc.gov.uk/news/contractor-loan-schemes.htm)

Does this mean that HMRC will be sending out more demands to scheme users ?

BrilloPad
12th September 2013, 11:48
Surprised no comment on this yet. Very interesting. I want to see how these schemes are closed. Using existing legislation or will a new law be required? And if its a new law, will it be retrospective.

I am very pleased I left Montplier when the double taxation loophole was closed and did not move onto their loan scheme.

convict
12th September 2013, 12:49
No surprise really. TRM is/was a loan scheme, as was Cherrylon and a few people I know have been under the cosh from HMRC for years now with outstanding COP8s.

I'm just going to save the letters up and deal with them (appeal) as they come in. I'll be using the same template as before, saying the bare minimum and moving one step at a time.

new user
12th September 2013, 14:35
Surprised no comment on this yet. Very interesting. I want to see how these schemes are closed. Using existing legislation or will a new law be required? And if its a new law, will it be retrospective.

I am very pleased I left Montplier when the double taxation loophole was closed and did not move onto their loan scheme.

Appellants must to submit request to the First-tier Tribunal ourselves – not HMRC, otherwise they can drag it forever and accumulate interest fees, there is no time frame.
They just sitting and accumulating money on the interest.

HM Revenue & Customs: How to appeal against an HMRC decision - direct tax

Appealing to the First-tier Tribunal

Tax Tribunal guidance
After this discovery I am very surprised that Scheme providers are not applying to the tribunal as some HMRC requests are already more than 6 months old.

convict
12th September 2013, 15:00
Appellants must to submit request to the First-tier Tribunal ourselves – not HMRC, otherwise they can drag it forever and accumulate interest fees, there is no time frame.
They just sitting and accumulating money on the interest.

HM Revenue & Customs: How to appeal against an HMRC decision - direct tax

Appealing to the First-tier Tribunal

Tax Tribunal guidance
After this discovery I am very surprised that Scheme providers are not applying to the tribunal as some HMRC requests are already more than 6 months old.


Why would scheme providers be the ones applying? they are not the ones on the hook.

I'd be wary of applying to the tribunal without getting professional advice; let's say you apply and get a date, then what? Are you going to pay the barrister fees or stand there yourself, potentially with a half-arsed, ill-informed argument?

People are generally organising into groups divided by scheme and coming up with ideas for representation. In reality although the individual is under the cosh, it's the scheme being tested and should someone go in unprepared and HMRC win for scheme X, you can bet they'll use this as leverage to issue closure notices and trumpet it as a win etc.

new user
12th September 2013, 15:29
Why would scheme providers be the ones applying? they are not the ones on the hook.

I'd be wary of applying to the tribunal without getting professional advice; let's say you apply and get a date, then what? Are you going to pay the barrister fees or stand there yourself, potentially with a half-arsed, ill-informed argument?

People are generally organising into groups divided by scheme and coming up with ideas for representation. In reality although the individual is under the cosh, it's the scheme being tested and should someone go in unprepared and HMRC win for scheme X, you can bet they'll use this as leverage to issue closure notices and trumpet it as a win etc.


Scheme provider are representing substantial amount of the appellants and if they are confident then they should win.
I agree on the precedence - first trial has to be successful, one good lawyer/advisor wouldn’t need much time to get answers for 2 major points
- Legality of the tax discovery
- Legality of the scheme

Any long delay works for HMRC as they keep changing existing rules and introduce new ones

malvolio
12th September 2013, 17:17
Scheme provider are representing substantial amount of the appellants and if they are confident then they should win.
I agree on the precedence - first trial has to be successful, one good lawyer/advisor wouldn’t need much time to get answers for 2 major points
- Legality of the tax discovery
- Legality of the scheme

Any long delay works for HMRC as they keep changing existing rules and introduce new onesYou missed one: eligibility of you to be using the scheme...

BrilloPad
12th September 2013, 17:46
After this discovery I am very surprised that Scheme providers are not applying to the tribunal as some HMRC requests are already more than 6 months old.

Montpelier did apply back in 2006. It was denied until the retrospective law came along.

bubble99
14th September 2013, 18:44
they have just started sending out 09/10 letters... I got 1 today ;-(

BrilloPad
14th September 2013, 18:45
they have just started sending out 09/10 letters... I got 1 today ;-(

Which loan scheme were you with?

bubble99
15th September 2013, 09:48
Which loan scheme were you with?

cascade/penfolds