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Poll: settling or paying the LC/fighting?

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    #11
    Originally posted by webberg View Post
    Make no mistake here, HMRC are obliged by law to close enquiries in a manner compatible with the law.
    So, are you saying that they would be in breach of the law if they left enquiries open for 10, 20, 50, 100 years?

    HMRC may not be pragmatic or commercial but even they understand the concept of ROI.

    I guess this is something we'll have to agree to disagree on.

    Comment


      #12
      Originally posted by dammit chloe View Post
      I agree with this bit.

      I do wonder whether any of the longstanding open enquiries would ever be addressed though. If they haven't thus far will they ever get round to it. I know they can if they want to I am talking about the reality of trying to do it now.

      I suspect that post-2011 schemes have a higher chance of being targetted. I have my doubts about earlier ones due to the risk/effort/reward not stacking up because, as you say, they will be forced to go through the proper legal process.
      There is no choice.

      The law as it stands, says that resolving open enquiries MUST happen.

      There is no risk/reward equation to calculate and no option for HMRC to ignore these.

      In the event that the loan charge disappears the same scenario plays out. HMRC will go back to open enquiries and pick up that process.
      Best Forum Adviser & Forum Personality of the Year 2018.

      (No, me neither).

      Comment


        #13
        Originally posted by webberg View Post
        The law as it stands, says that resolving open enquiries MUST happen.
        Maybe but, without a statutory time limit, it's an ass.

        Comment


          #14
          I think what the law says and what actually happens/will happen is different. HMRC cannot cope so shortcuts will be made and priorities set.

          They will however pretend to be on top of everything even while the dates keep changing. After all everyone received their settlement offer by then end of November 2018 didn't they? Didn't they?

          Comment


            #15
            Originally posted by stonehenge View Post
            Maybe but, without a statutory time limit, it's an ass.
            Agreed. If there is no time limit there is no MUST.

            Should be closure windows commensurate with enquiry windows.

            Comment


              #16
              Originally posted by dammit chloe View Post
              Should be closure windows commensurate with enquiry windows.
              That will never happen, for obvious reasons!

              Comment


                #17
                Originally posted by stonehenge View Post
                That will never happen, for obvious reasons!
                With the current mindset for sure. The civil service always have a problem with fresh ideas. However I think it would help them too. Letting stuff become stale, turgid and rotten and never doing anything about it brings the whole system down.

                It's like those jobs around the house you never quite get round to doing. Once you have lived with it long enough it never gets fixed but subconsciously ruins your mood and mental well being.

                Comment


                  #18
                  HMRC have asked me to pay £41k and I only received £63k over the course of 9 months in a scheme, the Loan Charge can't be more than that. I will not reply to their "kind" offer to settle. IMO there is more chance of the LC being abolished between now and 31st Jan than anything happening before the end of this month - although I doubt HMRC will be able to adhere to that deadline, if they do it will be a first

                  Comment


                    #19
                    Originally posted by headspin View Post
                    HMRC have asked me to pay £41k and I only received £63k over the course of 9 months in a scheme, the Loan Charge can't be more than that. I will not reply to their "kind" offer to settle. IMO there is more chance of the LC being abolished between now and 31st Jan than anything happening before the end of this month - although I doubt HMRC will be able to adhere to that deadline, if they do it will be a first
                    Again.

                    The loan charge, paid or otherwise, IS NOT SETTLING.

                    If you have years under valid enquiry, then you will have to agree them in due course.

                    If you have closed years, the loan charge will apply.

                    Even if the loan charge disappears tomorrow, you will still have to agree/settle/contest all open years.
                    Best Forum Adviser & Forum Personality of the Year 2018.

                    (No, me neither).

                    Comment


                      #20
                      Originally posted by webberg View Post
                      Again.

                      The loan charge, paid or otherwise, IS NOT SETTLING.

                      If you have years under valid enquiry, then you will have to agree them in due course.

                      If you have closed years, the loan charge will apply.

                      Even if the loan charge disappears tomorrow, you will still have to agree/settle/contest all open years.
                      I was only in 1 scheme for 9 months, that's it.

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