Another Loan Charge thread. who's best for my situation? Am i actually caught? Another Loan Charge thread. who's best for my situation? Am i actually caught? - Page 3
Page 3 of 3 FirstFirst 123
Posts 21 to 24 of 24
  1. #21

    Super poster


    Join Date
    Dec 2014
    Location
    WTT Consulting Ltd - London and online
    Posts
    2,425

    Default

    Quote Originally Posted by Iliketax View Post
    As luck would have it, the GAAR advisery panel explain how this might work yesterday: https://assets.publishing.service.go...ans__Mr_N_.pdf

    Of course it is possible that yours worked in a very different way.
    And I think the final sentence here is the more accurate.

    The OP was clear that what he had what a double limited type structure in which his company was in receipt of funds which subsequently went on a journey.

    The GAAR opinion deals with a trust that employs contractors who are are then made available to another intermediary and then to the end user of the services.

    In my view, very different.

  2. #22

    Super poster


    Join Date
    Dec 2014
    Location
    WTT Consulting Ltd - London and online
    Posts
    2,425

    Default

    And indeed is is different, but not so very far removed from the GAAR description.

    This highlights a key issue perhaps.

    The GAAR process is never going to describe each and every scheme that they consider to be "abuse".

    (Equally I;ve never see an opinion that says a scheme is effective).

    Do we then have to draw some parallels between what the GAAR opinion says and a scheme that is similar but different in some often crucial ways?

    Unfortunately we seem to be no further advanced from the HMRC view that the tax law means what they think it means and other opinions are inherently worthless.

  3. #23

    More time posting than coding


    Join Date
    Jan 2015
    Posts
    440

    Default

    Quote Originally Posted by webberg View Post
    Do we then have to draw some parallels between what the GAAR opinion says and a scheme that is similar but different in some often crucial ways?
    Of course you do. But how is that any different from any other aspect of tax? The great thing about the published opinion is that is helps explain what is crucial and why they think it is.

    Quote Originally Posted by webberg View Post
    Unfortunately we seem to be no further advanced from the HMRC view that the tax law means what they think it means and other opinions are inherently worthless.
    Well the GAAR Advisory Panel is independent of HMRC so I guess we have two views.

    And isn't a GAAR opinion a good thing if you want to target promoters? That certainly helps from a POTAS perspective.

  4. #24

    More time posting than coding


    Join Date
    Jan 2015
    Posts
    440

    Default

    Quote Originally Posted by webberg View Post
    The OP was clear that what he had what a double limited type structure in which his company was in receipt of funds which subsequently went on a journey.
    Ah, fair enough. I guess that post has been deleted now.

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •