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Montpelier DTA scheme bulletin

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    Originally posted by BolshieBastard View Post
    This sounds like you received the APN\FN and either yourself or MP sent a 'Letter of Representation' asking HMRC review the issue of the APN\FN. For whatever reason, HMRC then sat on this request for about 2 years before finally deciding to give you a decision which upheld the issue of the APN\FN.

    You have now been offered the option to appeal to an FTT.

    I'm not sure how that could happen? You cannot appeal either FN or APN. Almost all legal actions in this space will be Judicial review


    This sounds like following either the issue of your Letter of Representation or some point after HMRC issued your APN\FN, HMRC informed you that you did not need to pay the NI you 'owed' and hence the two differing amounts. However, HMRC have changed their line on the waiver of NI a couple of times.

    One of the reasons they changed their line was dependent on which part of the UK you lived in. Their view was their original decision to waive NI collection did not hold for the whole of the UK.

    I was not aware of that. Do you have evidence because if so, this is something I will follow up.

    Also, if you appeal to the FTT, HMRC's line is this negates their original NI waiver.

    Again, I was not aware of this and would be interested in evidence that I could use to leverage any inconsistency.

    .
    Some views above.
    Best Forum Adviser & Forum Personality of the Year 2018.

    (No, me neither).

    Comment


      Originally posted by webberg View Post
      Some views above.
      If you 'dont know' the things I pointed out, then you're clearly not as good as you think, Graham.
      I couldn't give two fornicators! Yes, really!

      Comment


        Originally posted by BolshieBastard View Post
        If you 'dont know' the things I pointed out, then you're clearly not as good as you think, Graham.
        I have no doubt that I am not as good as I think.

        We do though have a lot of experience with FN/APN and we have explored with Counsel the chances of going to FTT and we are advised that there is simply not any constitutional basis for that.

        Also, we have clients from all over the UK and we have seen many, many demands and we detect no geographical bias.

        I am only as good as my understanding of the law and practice here and the evidence I see.

        I therefore ask that if you such evidence and if it can be leveraged for the good of all contractors, then I would be delighted to assist in doing that.
        Best Forum Adviser & Forum Personality of the Year 2018.

        (No, me neither).

        Comment


          ball is rolling faster

          Yes I think it was mentioned once during APN/FN discussion 2 years (ish) ago, at time of representations went in, that next they would review and then offer chance for independent review of their decision after this, and then chance to appeal. Advantageous if want to buy more time if cannot afford to settle (which was/is me).

          They have now written (finally) with full details of how much I have left to owe. They always had NI in scope. The amount they asked me to pay before (and balance I then reduced to zero) - I don't know how they calculated that - but they seem know it was always meant to be just a proportion, and the final bill is the balance after deducting this.

          But then 10 years interest has been added to this. And it's a relatively large number, as one would expect - suspiciously large though in my view, as I did think the interest rate applied was supposed to be very low.

          I'm gonna appeal, to buy more time to get the money together to settle, but also check their interest calc.

          Anyone know what the interest rate is they are supposed to be charging?
          It was written on one of the ancient letters somewhere, is base rate + X% I believe (it's the X i'm looking for).

          Once i have this, I can get historic interest rates off interweb & do all the calcs myself in excel. (Then figure out how to challenge their calc, if it's wrong).

          Thanks for everything so far guys. This is a big struggle, advice is much appreciated!

          Steve.

          Comment


            Originally posted by outofthesand View Post
            But then 10 years interest has been added to this. And it's a relatively large number, as one would expect - suspiciously large though in my view, as I did think the interest rate applied was supposed to be very low.
            It's averaged around 3% p.a. since 2009. Before that it was more like 7.5% p.a.
            Scoots still says that Apr 2020 didn't mark the start of a new stock bull market.

            Comment


              Calculate interest and penalties for the tax years ended 5 April 1998 to 5 April 2018 - GOV.UK

              Go here and follow the links.
              Best Forum Adviser & Forum Personality of the Year 2018.

              (No, me neither).

              Comment


                Originally posted by BolshieBastard View Post
                If you 'dont know' the things I pointed out, then you're clearly not as good as you think, Graham.
                Rather harsh from you <mod snip>

                Comment


                  Originally posted by rogerfederer View Post
                  Rather harsh from you
                  Not quite sure why you are speculating on a posters identity in professional forums.

                  I happen to know who BB is and they are a fantastic poster with great insight. Though I disagree with them on this issue.

                  And even if I did agree, Webberg is a superb adviser doing a great deal to help victims. The public abuse he gets is ridiculous. People are upset at HMRC but lash out at those they can get to.

                  I hope Webberg continues to rise above it all.

                  Comment


                    Originally posted by BrilloPad View Post
                    Not quite sure why you are speculating on a posters identity in professional forums.

                    I happen to know who BB is and they are a fantastic poster with great insight. Though I disagree with them on this issue.

                    And even if I did agree, Webberg is a superb adviser doing a great deal to help victims. The public abuse he gets is ridiculous. People are upset at HMRC but lash out at those they can get to.

                    I hope Webberg continues to rise above it all.
                    Thank you for the kind words.

                    I'm sure that people are entitled to their opinion and let's be honest, most of what we claim is not yet proven in Tribunal.

                    What I remain interested in is any evidence of HMRC applying a geographic bias.

                    If you have that, let's see it.
                    Best Forum Adviser & Forum Personality of the Year 2018.

                    (No, me neither).

                    Comment


                      Ive been hit regarding the Motpelier scheme with a demand for unpaid Tax and NI for year 2003 / 2004 by HMRC over the past 4 weeks

                      To add to that another letter came from HMRC asking for a huge sum in interest !!!

                      I contacted HMRC and spoke about NICS/LA1980 and the Limitation act of 2008 but they claim that it does not apply.

                      It appears to be near impossible to get some solid advice out there on what to do about this.

                      The interest was shocking.

                      Ive tried to talk to WTT to get some advice but it is near impossible to get anyone to talk to.

                      Comment

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