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  1. #1451

    Nervous Newbie


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    Default Q's on without ever any self assesment done.

    Hi webberg and all,

    I have a couple of peculiar questions.

    For the case when someone was in an particular scheme, non Limited company, but also who never did a self assesment.
    And who has never received a discovery request.

    How would interest and penalties be calculated in case they did receive a discovery request?

    We are in 2018, the conflicted years are 2011-2012.
    Loan amounts are of order 100k.

    If the discovery is done in 2018 would interest still acrue from 2012? Or not?

    And a second question please:

    As there was never an open inquiry and no former self assesment made, how does the 6y gap apply on this one? Can hmrc still rightfully make a discovery request or they missed the deadline?

    This is another issue with the retrospective power in the new law and the loan charge.

    I knew back in 2012 that this was tax avoidance although assumed legal. Hence the no self assesment.
    What now?

    Very confused!

    With regards to waiting until post may 2019 and how the loan charge would apply if passed, i think i am clear. Add those 100k to my 2019 salary.

    Thing is, and a bit of pure instictive positivism here:
    I don't think any form of retrospective legislation would ever pass in this country. Not for a second!

    But of course this is no means a call for complacency.

    Thanks, and have hope everyone. Have hope.

  2. #1452

    Super poster


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    You have a few misconceptions in the above and I suggest that you call us.

    As for not having retrospective law, it's been done before and the 2019 loan charge is legislation, duly ratified, right now.
    Best Forum Adviser & Forum Personality of the Year 2018.

    (No, me neither).

  3. #1453

    Should post faster

    piebaps's Avatar
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    Quote Originally Posted by Mv02 View Post


    Thing is, and a bit of pure instictive positivism here:
    I don't think any form of retrospective legislation would ever pass in this country. Not for a second!
    Errrm https://en.wikipedia.org/wiki/BN66 and that's just the wiki page! Loads more on here.

  4. #1454

    Should post faster


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    Full retro in effect - the new certainity is uncertainity.
    It would have been useful for the scheme promoters and their allied tax experts including those firms preapring tax returns to inform their clients of these BN66/Huitson judgements and the restrospectivity contained therein.
    HMRC could have stuck a synopsis in the mail as well

  5. #1455

    Should post faster


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    Default BIG GROUP

    Have had similar response as well, worded pretty much the same although wasn’t asked to call them! . Not replied yet
    Last edited by Iter; 4th July 2018 at 21:18.

  6. #1456

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    Good morning all.

    This thread is about Big Group.

    Big Group has not, does not and will not advocate or suggest that;

    "boycott the system, cause as much strife, nuisance and malfeasance to them as they are doing to us."

    Is a sensible or valid approach.

    I understand the frustration and anger and upset that the HMRC campaign is causing and we are working in a number of ways to mitigate and reduce the impact of that.

    We do not however - under any circumstances - recommend that members of Big Group deliberately flout or ignore their legal obligations.

    Again, I understand that if you feel HMRC is not playing by the rules, then why should you?

    In 98% of instances, HMRC does act within its remit as written by Parliament.

    In 1% of cases, they do not because of incompetence. These we challenge.

    In 1% of cases, there is perhaps an element of of deliberate misuse of law and process by HMRC for a variety of reasons. These we challenge.

    If civil disobedience is your preferred means of resistance, then, with respect, Big Group is not for you and I suggest that you use a separate thread for this.
    Best Forum Adviser & Forum Personality of the Year 2018.

    (No, me neither).

  7. #1457

    Still gathering requirements...


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    Quote Originally Posted by foobar View Post
    Volunteering any information to HMRC on the assumption you are being 'helpful' only ensures further information requests (See notes from Keith Gordon) - You will be stuck on the spreadsheet of a mindless goon who loves following orders. The only reasonable action left that I can see is to fight fire with fire - Unite with others, boycott the system, cause as much strife, nuisance and malfeasance to them as they are doing to us.
    These are my options :
    1. To Fight , I am active on Twitter, Guest member at LCAG
    2. Settlement
    3. Plan Bankruptcy ( dono how.. )

    You cannot only have 1 option that is Fight with HMRC.

  8. #1458

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    Some of the posts above are not appropriate to this thread, but as they are here, I'll respond.

    HMRC claims that they know all the names and addresses of those who have used contractor loan schemes in their various forms. This is patently untrue.

    (Just last week we were asked by HMRC to tell them how many of our clients have not had enquiry notices. We declined.)

    However, if you have registered for settlement then you need to establish a means of communication and if you prefer email, then you MUST complete the protocol. If you do not, then snail mail will be used to slow and already slow service.

    If you have registered for settlement and HMRC has incorrect or inaccurate information, then how do you expect to receive a settlement you can rely on?

    A settlement reached on misleading information can be overturned later - with prejudice.

    As for saying, "if HMRC don't know anything, why should I tell them", come no later than the end of September 2019, their is a LEGAL OBLIGATION ON YOU to report loans or other forms of credit that are subject to the loan charge.

    To be clear. This is not a question of HMRC finding out or being told by somebody else. This is YOU telling HMRC.

    To avoid this obligation you need to have a suitable analysis as to why you have not declared and be prepared to back that up and accept the consequences if that analysis is incorrect.

    I can assure you all that "HMRC doesn't know and may never find out" is not a suitable analysis.

    They may never find out, who knows, but we will not be advising any of our members to rely on that.
    Best Forum Adviser & Forum Personality of the Year 2018.

    (No, me neither).

  9. #1459

    Some things in Moderation

    cojak's Avatar
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    With that in mind, I will move any of those type of posts into the non-BG thread. Use the Report button to alert me to those posts I miss.

  10. #1460

    Nervous Newbie


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    Hello, Can you guide me as to how to pay the taxes ? I was with AML for 4 years .. Shall I go with the Loan charge action group or PTS? I have no idea which one is better or whether there are other options..

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