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Human Rights

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    Human Rights

    HMRC 'breached human rights' in tax avoidance crackdown, campaigners claim

    A group of contractors who used tax avoidance schemes have branded looming fines “grossly unfair” and a breach of human rights in an official legal challenge.

    The tax office has targeted around 50,000 self-employed people with a “loan charge”, set to hit in April, which those liable claim will see them forced into bankruptcy.

    The dispute arises from the contractors’ use of complex arrangements, popular and widely accepted to be legal in the early 2000s, in which much of their salary was paid in the form of supposedly tax-free loans.

    The Loan Charge Action Group claims workers were unwittingly led into the schemes by unscrupulous promoters or employers, who required them to be paid in this way.

    Following the successful case against Scottish football club Rangers last year, the Government introduced a new law and HM Revenue & Customs has deemed any outstanding loans liable for tax.

    The contractors will also be hit by the loan charge, which rolls all the loans received into a single tax year meaning the bill could be more than the actual tax liability. It also does not clear the original unpaid tax bill.

    The LCAG is requesting a judicial review of the charge saying it is a breach of the European Convention of Human Rights and that the Government did not carry out proper impact assessments. HMRC has admitted that a small number of people may face bankruptcy.

    Robert Venables QC, acting on behalf of the group, said the loan charge was “disproportionate”.

    He added: "The loan charges are being applied in cases where there was no tax avoidance in the first place and taxpayers are being taxed on non-existent benefits and non-existent income.

    “This is to all intents and purposes retrospective legislation. It is grossly unfair, arbitrary, oppressive and unjust”

    More from source: HMRC 'breached human rights' in tax avoidance crackdown, campaigners claim


    #2
    Top work by AtW! And I thought you were generally against anyone who ever used a scheme? Very kind of you to give LCAG extra publicity.

    https://www.contractoruk.com/forums/...ky-please.html

    Please donate now.

    Comment


      #3
      Originally posted by GreenMirror View Post
      Top work by AtW! And I thought you were generally against anyone who ever used a scheme? Very kind of you to give LCAG extra publicity.

      https://www.contractoruk.com/forums/...ky-please.html

      Please donate now.
      I would donate, but most of my money is tied up in a Cayman Island shell company that sells me paperclips for £100K each.

      HTH BIDI

      Comment


        #4
        I thought there was a ruling that HMRC couldn't be punitive without an individual case?
        Always forgive your enemies; nothing annoys them so much.

        Comment


          #5
          Originally posted by DimPrawn View Post
          I would donate, but most of my money is tied up in a Cayman Island shell company that sells me paperclips for £100K each.

          HTH BIDI
          Oude Joris Dutch Antilles Trading Corporation can loan you the world's tiniest violin, with a valuation in a fast depreciating foreign currency.

          Comment


            #6
            Originally posted by DimPrawn View Post
            I would donate, but most of my money is tied up in a Cayman Island shell company that sells me paperclips for £100K each.

            HTH BIDI
            I hope they are golden paperclips.

            Comment


              #7
              Originally posted by Old Greg View Post
              Oude Joris Dutch Antilles Trading Corporation can loan you the world's tiniest violin, with a valuation in a fast depreciating foreign currency.
              Can I have two? That way it's stereo.
              Originally posted by AtW View Post
              HMRC 'breached human rights' in tax avoidance crackdown, campaigners claim

              A group of contractors who used tax avoidance schemes have branded looming fines “grossly unfair” and a breach of human rights in an official legal challenge.

              The tax office has targeted around 50,000 self-employed people with a “loan charge”, set to hit in April, which those liable claim will see them forced into bankruptcy.

              The dispute arises from the contractors’ use of complex arrangements, popular and widely accepted to be legal in the early 2000s, in which much of their salary was paid in the form of supposedly tax-free loans.

              The Loan Charge Action Group claims workers were unwittingly led into the schemes by unscrupulous promoters or employers, who required them to be paid in this way.

              Following the successful case against Scottish football club Rangers last year, the Government introduced a new law and HM Revenue & Customs has deemed any outstanding loans liable for tax.

              The contractors will also be hit by the loan charge, which rolls all the loans received into a single tax year meaning the bill could be more than the actual tax liability. It also does not clear the original unpaid tax bill.

              The LCAG is requesting a judicial review of the charge saying it is a breach of the European Convention of Human Rights and that the Government did not carry out proper impact assessments. HMRC has admitted that a small number of people may face bankruptcy.

              Robert Venables QC, acting on behalf of the group, said the loan charge was “disproportionate”.

              He added: "The loan charges are being applied in cases where there was no tax avoidance in the first place and taxpayers are being taxed on non-existent benefits and non-existent income.

              “This is to all intents and purposes retrospective legislation. It is grossly unfair, arbitrary, oppressive and unjust”

              More from source: HMRC 'breached human rights' in tax avoidance crackdown, campaigners claim

              I can imagine the sympathetic response from the general public. I have to imagine it, because it won't exist in reality.
              Down with racism. Long live miscegenation!

              Comment


                #8
                Originally posted by AtW View Post

                Following the successful case against the now liquidated and, consequently now defunct Scottish football club Rangers last year, the Government introduced a new law and HM Revenue & Customs has deemed any outstanding loans liable for tax.
                ftfy

                Important to get all the facts out there.

                “The period of the disintegration of the European Union has begun. And the first vessel to have departed is Britain”

                Comment


                  #9
                  Originally posted by NotAllThere View Post
                  Can I have two? That way it's stereo.
                  I can imagine the sympathetic response from the general public. I have to imagine it, because it won't exist in reality.
                  Which is why LCAG are going to the courts?

                  Similarly, when the public sector reforms go private, and all CUK users are deemed inside IR35, there will be no sympathy.

                  Comment


                    #10
                    Originally posted by GreenMirror View Post
                    Which is why LCAG are going to the courts?

                    Similarly, when the public sector reforms go private, and all CUK users are deemed inside IR35, there will be no sympathy.
                    stop your bulltulip donkeyrhubarb. Getting paid in loans and paying no tax on half a million quid of earnings is not legal avoidance, it’s plain evasion. The law has caught up with you and now you want a judge to believe that your human rights are being violated. Nonsense. Public sector reforms can go private, I have no issues with that. I won’t try and find a scheme to avoid it.
                    Vote Corbyn ! Save this country !

                    Comment

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