Originally posted by webberg
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Closing an enquiry does NOT mean that no tax is due
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Originally posted by dammit chloe View PostThe term "abuse" is often used by HMRC in the context of what are perfectly legal arrangements. Because law these days varies between letter of, spirit of and purposive I would argue that there can be abuse while operating within the law, especially where there is big power imbalance. I would argue many of HMRC's stalling tactics are abusive.Comment
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Originally posted by webberg View PostOperating within the law cannot be termed "abuse".
HMRC do use the enquiry process in a "protective" way and will continue to do so unless the taxpayers realise their power and get on the front foot and take control.
Sitting back, leaking fees to advisers and stalling whilst interest etc accrues is pointless, as is using advisers to challenge peripheral matters rather than the substantive issues.
Quote from a former tax inspector turned adviser. "I don't know why I bother learning the law books. HMRC ignore them anyway". Quite.
I do agree though about taxpayers being far more aggressive with HMRC. On the other hand, I am not so sure about being more aggressive with advisers. I have seen a lot of abuse handed out to advisers that needs to go to HMRC.Comment
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Originally posted by NeedTheSunshine View PostIt would take a brave person to take a closure notice through tribunal. Plus deep pockets. Yes you can represent yourself, but the reality is that you will probably lose and HMRC have deep pockets so would appeal anyway if you won at the first stage. They have time and money on their side.
It would take a group of people from a scheme to push this through and as we've seen, getting a group of contractors together and coordinating is no easy task. Perhaps such a case from a group is already going ahead. I hope so, and wish them well if so. I completely agree that taxpayers need to realise their power. Easier said than done.
Schemes may have been within the letter of the law but I doubt any would stand up in a tribunal these days.
I know some advisors are approaching litigation from different angles* but it's still one heck of a mountain to climb to convince a tribunal that YOU aren't personally liable for tax on money that YOU received and which was earned from services YOU provided.
* eg. some other entity was responsible for paying the taxScoots still says that Apr 2020 didn't mark the start of a new stock bull market.Comment
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