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AM Limited COP8 HMRC Investigation Letter..

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    HMRC Letter PLEASE HELP!!!

    Hi all, I am new to this thread. I received a letter from HMRC today regarding a compliance check. It states that they believe there could be an inaccuracy in my 2011-2012 return as I may have used a contractor loan type avoidance scheme. It then goes on to ask me to 1) confirm I have used the scheme, 2)total amount of loans received, 3)provide list of any other amounts or assets received. I worked as a contractor and used AML, (I'm no longer with them) I was told it was totally legitimate, it was recommended by the accountant. 1)What does this mean?? Is this a precursor to APN?? 2)Why is tax year 2011/12 specified and not other years?? I would really appreciate any advice, feeling super stressed and worried

    Comment


      Originally posted by SarahA85 View Post
      Hi all, I am new to this thread. I received a letter from HMRC today regarding a compliance check. It states that they believe there could be an inaccuracy in my 2011-2012 return as I may have used a contractor loan type avoidance scheme. It then goes on to ask me to 1) confirm I have used the scheme, 2)total amount of loans received, 3)provide list of any other amounts or assets received. I worked as a contractor and used AML, (I'm no longer with them) I was told it was totally legitimate, it was recommended by the accountant. 1)What does this mean?? Is this a precursor to APN?? 2)Why is tax year 2011/12 specified and not other years?? I would really appreciate any advice, feeling super stressed and worried

      Hi
      This would be the PBT scheme - how many years have u been caught up with AM?
      I too have the compliance check for this year - best thing is send onto AM and let them answer.
      We are all in the same boat..

      Comment


        Originally posted by SarahA85 View Post
        Hi all, I am new to this thread. I received a letter from HMRC today regarding a compliance check. It states that they believe there could be an inaccuracy in my 2011-2012 return as I may have used a contractor loan type avoidance scheme. It then goes on to ask me to 1) confirm I have used the scheme, 2)total amount of loans received, 3)provide list of any other amounts or assets received. I worked as a contractor and used AML, (I'm no longer with them) I was told it was totally legitimate, it was recommended by the accountant. 1)What does this mean?? Is this a precursor to APN?? 2)Why is tax year 2011/12 specified and not other years?? I would really appreciate any advice, feeling super stressed and worried
        1/ Check this thread

        2/ Look into joining Big Group, who is building up a force to fight this.
        Help preserve the right to be a contractor in the UK

        Comment


          CLSO

          Hi All

          I am also after some quick advice please.

          I have 2 APN's for when I used AML in 2008 - 2010.

          On 29th June, I mailed the CLSO address to advise them that my figures were incorrect as they had estimated my numbers using 40% tax on all loans, which didn't include tax free allowances and the different thresholds. This was my only income at the time.

          Basically, I haven't heard back and then received the 2 APN's, which AML are fighting (apparently). I am also part of their JR, whether that will bring any benefit or not but I am confirmed as part of it.

          My question is, can I still join BIG Group and be part of the larger settlement effort? I have left a voicemail for Graham to call me back but I wanted to understand if it was all in vain.

          Any comments, greatly appreciated.
          Last edited by ukmorganator; 30 September 2015, 11:19. Reason: Missed some detail

          Comment


            Originally posted by ukmorganator View Post
            Hi All

            I am also after some quick advice please.

            I have 2 APN's for when I used AML in 2008 - 2010.

            On 29th June, I mailed the CLSO address to advise them that my figures were incorrect as they had estimated my numbers using 40% tax on all loans, which didn't include tax free allowances and the different thresholds. This was my only income at the time.

            Basically, I haven't heard back and then received the 2 APN's, which AML are fighting (apparently). I am also part of their JR, whether that will bring any benefit or not but I am confirmed as part of it.

            My question is, can I still join BIG Group and be part of the larger settlement effort? I have left a voicemail for Graham to call me back but I wanted to understand if it was all in vain.

            Any comments, greatly appreciated.
            Yes you may still join Big Group, and you find numerous ex-AML people on there. In fact no better time as there will be a response going out to HMRC from BG that you can be included in :-)

            Some AML posts on BG there if you look and will help you.
            http://www.dotas-scandal.org LCAG Join Us

            Comment


              Hi All,

              Just an update from my perspective. I have settled on tax years 09/10 and 10/11. I have engaged with a tax solicitor and he himself could not comment on where the EBT scheme would go in favour of. What he did say is that it could go on for a very long time.

              I have since received a challenge on my 11/12 PBT scheme, 6 months worth of income. My solicitor provided them with figures of what I received from AML and HMRC have since sent me a letter asking me to repay more tax. This amounts to more than the two years of EBT and they have stated I the letter that they have calculated this based on marketing literature from AML i.e. You may receive up to 85%.

              I provided this to AML as well and they are surprised the PBT is being challenged as they hadn't heard anything. They are currently putting a response together which they wanted me to send direct. I declined and said this should come from them but I will be reviewing with my solicitor first. They mentioned that in regards to the 11/12 tax year, HMRC would only have up until December 14 to challenge this?!

              The PBT seems to be going the exact same way as the EBT.

              Comment


                Originally posted by Confusedcontractor1984 View Post
                Hi All,

                Just an update from my perspective. I have settled on tax years 09/10 and 10/11. I have engaged with a tax solicitor and he himself could not comment on where the EBT scheme would go in favour of. What he did say is that it could go on for a very long time.

                I have since received a challenge on my 11/12 PBT scheme, 6 months worth of income. My solicitor provided them with figures of what I received from AML and HMRC have since sent me a letter asking me to repay more tax. This amounts to more than the two years of EBT and they have stated I the letter that they have calculated this based on marketing literature from AML i.e. You may receive up to 85%.

                I provided this to AML as well and they are surprised the PBT is being challenged as they hadn't heard anything. They are currently putting a response together which they wanted me to send direct. I declined and said this should come from them but I will be reviewing with my solicitor first. They mentioned that in regards to the 11/12 tax year, HMRC would only have up until December 14 to challenge this?!

                The PBT seems to be going the exact same way as the EBT.
                Presumably your solicitor was happy that the 11/12 year was "open" for adjustment?

                In most cases an 11/12 year of assessment can have an enquiry opened within 12 months of submission of the return for that period. If you submitted a return on the final day, (31/1/13), then this is up to 31/1/14.

                Only if a return is submitted late can this period be extended. In that case, it's usually 1 year plus 1 quarter from the submission date.

                I'd hope that your professional verified the position before sending information to HMRC.

                A PBT scheme looking like an EBT scheme?

                I can see how that might work but I can also see some defences.
                Best Forum Adviser & Forum Personality of the Year 2018.

                (No, me neither).

                Comment


                  Originally posted by SarahA85 View Post
                  Hi all, I am new to this thread. I received a letter from HMRC today regarding a compliance check. It states that they believe there could be an inaccuracy in my 2011-2012 return as I may have used a contractor loan type avoidance scheme. It then goes on to ask me to 1) confirm I have used the scheme, 2)total amount of loans received, 3)provide list of any other amounts or assets received. I worked as a contractor and used AML, (I'm no longer with them) I was told it was totally legitimate, it was recommended by the accountant. 1)What does this mean?? Is this a precursor to APN?? 2)Why is tax year 2011/12 specified and not other years?? I would really appreciate any advice, feeling super stressed and worried
                  Get professional advice.

                  1. no. There is no correlation between a "compliance check" and an APN. I understand that the post 2011 AML scheme has not been DOTAS registered and therefore would fail one of the conditions for an APN.

                  2. They will be in due course.

                  Did you submit a tax return for 11/12? If so, did HMRC issue an enquiry notice in time?

                  if you have any doubt, write and ask them.
                  Best Forum Adviser & Forum Personality of the Year 2018.

                  (No, me neither).

                  Comment


                    Originally posted by Confusedcontractor1984 View Post
                    Hi All,

                    Just an update from my perspective. I have settled on tax years 09/10 and 10/11. I have engaged with a tax solicitor and he himself could not comment on where the EBT scheme would go in favour of. What he did say is that it could go on for a very long time.

                    I have since received a challenge on my 11/12 PBT scheme, 6 months worth of income. My solicitor provided them with figures of what I received from AML and HMRC have since sent me a letter asking me to repay more tax. This amounts to more than the two years of EBT and they have stated I the letter that they have calculated this based on marketing literature from AML i.e. You may receive up to 85%.

                    I provided this to AML as well and they are surprised the PBT is being challenged as they hadn't heard anything. They are currently putting a response together which they wanted me to send direct. I declined and said this should come from them but I will be reviewing with my solicitor first. They mentioned that in regards to the 11/12 tax year, HMRC would only have up until December 14 to challenge this?!

                    The PBT seems to be going the exact same way as the EBT.
                    So do you mean HMRC are claiming you owe them 50% of the loans income in PBT as Tax? So if total loan amount was 80k, HMRC deem 40k to be tax outstanding?

                    Comment


                      Originally posted by Confusedcontractor1984 View Post
                      Hi All,

                      Just an update from my perspective. I have settled on tax years 09/10 and 10/11. I have engaged with a tax solicitor and he himself could not comment on where the EBT scheme would go in favour of. What he did say is that it could go on for a very long time.

                      I have since received a challenge on my 11/12 PBT scheme, 6 months worth of income. My solicitor provided them with figures of what I received from AML and HMRC have since sent me a letter asking me to repay more tax. This amounts to more than the two years of EBT and they have stated I the letter that they have calculated this based on marketing literature from AML i.e. You may receive up to 85%.

                      I provided this to AML as well and they are surprised the PBT is being challenged as they hadn't heard anything. They are currently putting a response together which they wanted me to send direct. I declined and said this should come from them but I will be reviewing with my solicitor first. They mentioned that in regards to the 11/12 tax year, HMRC would only have up until December 14 to challenge this?!

                      The PBT seems to be going the exact same way as the EBT.

                      I don't understand you are not using AML to correspond with HMRC, who would know the details of the PBT but AML. They are providing advice to ex-members for free, so don't understand why you have taken it upon yourself first. You may well be digging a big hole for yourself concerning the exact precise details of how the PBT was setup and operated. Unless the 3rd party tax adviser has all the details then I personally wouldn't be using anyone to correspond to HMRC but AML.
                      http://www.dotas-scandal.org LCAG Join Us

                      Comment

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