• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

AM Limited COP8 HMRC Investigation Letter..

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Does that roughly translate as "so long and thanks for all the fish?"

    Comment


      Originally posted by LOL17 View Post
      Does that roughly translate as "so long and thanks for all the fish?"
      Unfortunately I think that's exactly what it means - "We(AML) have made our loot, so go face the taxman and don't talk to us anymore".

      Hopefully not a little too late, I however would like to share my experiences of dealing with the HMRC to clean the AML mess. Briefly I used AML for 4 consecutive tax years - how I ended in this **** hole is irrelevant.

      HMRC wrote to me about 7 years ago now about the tax avoidance scheme I had used. Due to the fact that I had always had misgivings about the whole tax structure and dodgy EBT/PBT/Trust shenanigans, I decided to ignore AML sugar coated spin and hype.

      So here is a summary of what I did. I think it is still helpful, but please move fast in order to 'benefit from the so called net settlement offer by the HMRC'.

      1. First I decided to comply with the HMRC's demand for an Accelerated Payment Notice(APN). The other option would have been to contribute £250 to some bogus AML legal fund to challenge the HMRC. At the time, they purpoted to be appointing a well know city legal firm of the initials P....M. I didn't buy this and decided to go it alone.
      2. By complying with the HMRC APN on the first tax year of four tax years, I opened the floodgates and soon afterwards they wrote enquiring about the second tax year.
      3. As all tax matters are frightening, I kicked myself. However I decided to bite the bullet, so instead of waiting for the same cycle to repeat again another 2 times, I voluntarily disclosed all the tax years that I had used AML and asked then to reassess. I supplied them with all the bank statements showing income from AML and Knox House Trustees. I also furnished HMRC with all my expenses - mostly train tickets and equipment required to carry out my trade. I did not try to obfusciate, obstruct, lie or hide anything.
      4. I requested HMRC to cut out AML from any communication regarding my tax affairs.
      5. Surprisingly the HMRC used all my expenses(not even a single expense refused) in recomputing my tax burden.
      6. However, they grossed up all my income to include AML's management fees (or cheat fees) based on AML marketing literature of 82% retention of your income. e.g. if my bank statements totalled £82k, HMRC would divide that 0.82 and tax me on a perceived contract value of £100k.
      7. I disputed the grossing up aspect whilst agreeing with HMRC in all other respects, however the HMRC would not budge.
      8. At that point, I had grown in confidence in dealing directly with HMRC. My basic advice is write in plain English in point form and ask them to respond to you in point form as well. Do not tie yourself in unnecessary legal jargon - I am not a lawyer, I only used common sense and simple Year 10 English.
      9. The HMRC articulated my rights to me if I didn't agree with their assessment. Therefore I appealed to the First Tier Tribunal(FTT). I could have used a lawyer, but I didn't have the money so I carried on with my plain Year 10 English approach and common sense and launched my appeal to the FTT - it is so simple to do.
      10. I also bought what were then known as Certificates of Tax Deposits(CTD). (discontinued after Nov 2017)
      11. At that point both the HMRC and myself were now subject to the rules of the FTT. The HMRC had their learned barristers and tax lawyers who wrote in a funny language that I ended up copying for the fun of it - not in excess, I preffered very much my plain English approach. I tended to copy the HMRC lawyers in the presentation of documents. However all my arguments and submissions were as basic as can be.
      12. The HMRC lawyers played all the tactics in the rule book in applying for extension, or this other...according to section 9 of the weights and measures act, subsection 2, paragraph 10 of 1801......I remained calm and allowed them to show off their legal knowledge. I knew there are limits to how far they could play the game.
      13. They ran out of extension applications and all the other gibberish and goobledygook. The basic truth is that the HMRC legal department was overstretched and didn't have manpower.
      14. Whilst waiting for the FTT to set a hearing date - it appeared as if the FTT itself was also under-resourced and couldn't meet their own timescales - the HMRC wrote to me agreeing to my original position of not grossing up the taxable income and asked that I suspend the FTT appeal. This is something they are currently referring to as "The net settlement offer". See https://www.gov.uk/guidance/disguise...ur-tax-affairs.
      15. I took up the offer and used my previously purchased Certificate of Tax Deposits to pay the tax with very little interest. The CTDs had the effect of freezing interest on any liabilities.
      16. On closure of the enquiry, I withdrew the FTT appeal.

      I hope this will help others. In simple terms, I didn't need a lawyer, an accountant or AML. I simply used basic GCSE math to add and subtract, GCSE english to write letters and possibly £20 in recorded delivery postage. Yes with the HMRC, always write letters and post using recorded delivery -their house is not in order.
      All this to and fro took a little over 6 years. The best take away for me is to be not afraid of the HMRC or the tribunals - by the way I was going to represent myself in the FTT and face their learned barristers etc. I was ready for it - both for a tick and a laugh.

      Comment


        Originally posted by bleakhse View Post
        Unfortunately I think that's exactly what it means - "We(AML) have made our loot, so go face the taxman and don't talk to us anymore".

        Hopefully not a little too late, I however would like to share my experiences of dealing with the HMRC to clean the AML mess. Briefly I used AML for 4 consecutive tax years - how I ended in this **** hole is irrelevant.

        HMRC wrote to me about 7 years ago now about the tax avoidance scheme I had used. Due to the fact that I had always had misgivings about the whole tax structure and dodgy EBT/PBT/Trust shenanigans, I decided to ignore AML sugar coated spin and hype.

        So here is a summary of what I did. I think it is still helpful, but please move fast in order to 'benefit from the so called net settlement offer by the HMRC'.

        1. First I decided to comply with the HMRC's demand for an Accelerated Payment Notice(APN). The other option would have been to contribute £250 to some bogus AML legal fund to challenge the HMRC. At the time, they purpoted to be appointing a well know city legal firm of the initials P....M. I didn't buy this and decided to go it alone.
        2. By complying with the HMRC APN on the first tax year of four tax years, I opened the floodgates and soon afterwards they wrote enquiring about the second tax year.
        3. As all tax matters are frightening, I kicked myself. However I decided to bite the bullet, so instead of waiting for the same cycle to repeat again another 2 times, I voluntarily disclosed all the tax years that I had used AML and asked then to reassess. I supplied them with all the bank statements showing income from AML and Knox House Trustees. I also furnished HMRC with all my expenses - mostly train tickets and equipment required to carry out my trade. I did not try to obfusciate, obstruct, lie or hide anything.
        4. I requested HMRC to cut out AML from any communication regarding my tax affairs.
        5. Surprisingly the HMRC used all my expenses(not even a single expense refused) in recomputing my tax burden.
        6. However, they grossed up all my income to include AML's management fees (or cheat fees) based on AML marketing literature of 82% retention of your income. e.g. if my bank statements totalled £82k, HMRC would divide that 0.82 and tax me on a perceived contract value of £100k.
        7. I disputed the grossing up aspect whilst agreeing with HMRC in all other respects, however the HMRC would not budge.
        8. At that point, I had grown in confidence in dealing directly with HMRC. My basic advice is write in plain English in point form and ask them to respond to you in point form as well. Do not tie yourself in unnecessary legal jargon - I am not a lawyer, I only used common sense and simple Year 10 English.
        9. The HMRC articulated my rights to me if I didn't agree with their assessment. Therefore I appealed to the First Tier Tribunal(FTT). I could have used a lawyer, but I didn't have the money so I carried on with my plain Year 10 English approach and common sense and launched my appeal to the FTT - it is so simple to do.
        10. I also bought what were then known as Certificates of Tax Deposits(CTD). (discontinued after Nov 2017)
        11. At that point both the HMRC and myself were now subject to the rules of the FTT. The HMRC had their learned barristers and tax lawyers who wrote in a funny language that I ended up copying for the fun of it - not in excess, I preffered very much my plain English approach. I tended to copy the HMRC lawyers in the presentation of documents. However all my arguments and submissions were as basic as can be.
        12. The HMRC lawyers played all the tactics in the rule book in applying for extension, or this other...according to section 9 of the weights and measures act, subsection 2, paragraph 10 of 1801......I remained calm and allowed them to show off their legal knowledge. I knew there are limits to how far they could play the game.
        13. They ran out of extension applications and all the other gibberish and goobledygook. The basic truth is that the HMRC legal department was overstretched and didn't have manpower.
        14. Whilst waiting for the FTT to set a hearing date - it appeared as if the FTT itself was also under-resourced and couldn't meet their own timescales - the HMRC wrote to me agreeing to my original position of not grossing up the taxable income and asked that I suspend the FTT appeal. This is something they are currently referring to as "The net settlement offer". See https://www.gov.uk/guidance/disguise...ur-tax-affairs.
        15. I took up the offer and used my previously purchased Certificate of Tax Deposits to pay the tax with very little interest. The CTDs had the effect of freezing interest on any liabilities.
        16. On closure of the enquiry, I withdrew the FTT appeal.

        I hope this will help others. In simple terms, I didn't need a lawyer, an accountant or AML. I simply used basic GCSE math to add and subtract, GCSE english to write letters and possibly £20 in recorded delivery postage. Yes with the HMRC, always write letters and post using recorded delivery -their house is not in order.
        All this to and fro took a little over 6 years. The best take away for me is to be not afraid of the HMRC or the tribunals - by the way I was going to represent myself in the FTT and face their learned barristers etc. I was ready for it - both for a tick and a laugh.
        Brilliant update, thanks. Did AML write off the loans and was there any IHT impact?

        Comment


          Other than the PAYE rates prevailing for each respective tax year, I faced no other taxes. by IHT, are you referring to inheritance tax? I had nothing of the sort. On AML and the 'loans', I simply cut them out. I couldn't care less about the 'loans' being written off. I have enough evidence that it was not loans, but disguised remuneration. If anything they owe me money from the 18% they creamed off me. If they are stupid as to ask for the loans to be repaid, I am as ready as ever for them with their expensive lawyers.
          The courts/tribunal are ruling that these are not loans, so I would never lose sleep that the AML/Knox house are going to come demanding that I repay a 'loan'. I will simply approach the same courts that are ruling that these are disguised remuneration. The same court cannot say the loans are disguised remuneration in favour of HMRC and then turn round and say oh no, it is a loan in favour of AML/Knox...so which is it? Loan or disguised remuneration...surely the logic is twisted. If AML/Knox want their 'loans' back, they must come, I am ready for them with their 82% retention literature. What was the 82% about? Was it not about my remuneration retention?
          Further, by their email of 18th April 2018, AML have unwittingly admitted that these were not loans, but disguised remuneration. Read this extract....
          "...You will have received an email from Knox House Trust, the Trustees of the trust that holds your loan. They have outlined 2 options to mitigate the 2019 Loan Charge; Settlement or Repayment...."
          Settlement means paying PAYE with the HMRC. I am sure we have all taken loans from banks or other regulated financial institutions. Knox house trust would be the only regulated financial institution whose loans attract PAYE tax from the HMRC.
          Last edited by bleakhse; 26 May 2018, 23:25.

          Comment


            Originally posted by bleakhse View Post
            Unfortunately I think that's exactly what it means - "We(AML) have made our loot, so go face the taxman and don't talk to us anymore".

            Hopefully not a little too late, I however would like to share my experiences of dealing with the HMRC to clean the AML mess. Briefly I used AML for 4 consecutive tax years - how I ended in this **** hole is irrelevant.

            HMRC wrote to me about 7 years ago now about the tax avoidance scheme I had used. Due to the fact that I had always had misgivings about the whole tax structure and dodgy EBT/PBT/Trust shenanigans, I decided to ignore AML sugar coated spin and hype.

            So here is a summary of what I did. I think it is still helpful, but please move fast in order to 'benefit from the so called net settlement offer by the HMRC'.

            1. First I decided to comply with the HMRC's demand for an Accelerated Payment Notice(APN). The other option would have been to contribute £250 to some bogus AML legal fund to challenge the HMRC. At the time, they purpoted to be appointing a well know city legal firm of the initials P....M. I didn't buy this and decided to go it alone.
            2. By complying with the HMRC APN on the first tax year of four tax years, I opened the floodgates and soon afterwards they wrote enquiring about the second tax year.
            3. As all tax matters are frightening, I kicked myself. However I decided to bite the bullet, so instead of waiting for the same cycle to repeat again another 2 times, I voluntarily disclosed all the tax years that I had used AML and asked then to reassess. I supplied them with all the bank statements showing income from AML and Knox House Trustees. I also furnished HMRC with all my expenses - mostly train tickets and equipment required to carry out my trade. I did not try to obfusciate, obstruct, lie or hide anything.
            4. I requested HMRC to cut out AML from any communication regarding my tax affairs.
            5. Surprisingly the HMRC used all my expenses(not even a single expense refused) in recomputing my tax burden.
            6. However, they grossed up all my income to include AML's management fees (or cheat fees) based on AML marketing literature of 82% retention of your income. e.g. if my bank statements totalled £82k, HMRC would divide that 0.82 and tax me on a perceived contract value of £100k.
            7. I disputed the grossing up aspect whilst agreeing with HMRC in all other respects, however the HMRC would not budge.
            8. At that point, I had grown in confidence in dealing directly with HMRC. My basic advice is write in plain English in point form and ask them to respond to you in point form as well. Do not tie yourself in unnecessary legal jargon - I am not a lawyer, I only used common sense and simple Year 10 English.
            9. The HMRC articulated my rights to me if I didn't agree with their assessment. Therefore I appealed to the First Tier Tribunal(FTT). I could have used a lawyer, but I didn't have the money so I carried on with my plain Year 10 English approach and common sense and launched my appeal to the FTT - it is so simple to do.
            10. I also bought what were then known as Certificates of Tax Deposits(CTD). (discontinued after Nov 2017)
            11. At that point both the HMRC and myself were now subject to the rules of the FTT. The HMRC had their learned barristers and tax lawyers who wrote in a funny language that I ended up copying for the fun of it - not in excess, I preffered very much my plain English approach. I tended to copy the HMRC lawyers in the presentation of documents. However all my arguments and submissions were as basic as can be.
            12. The HMRC lawyers played all the tactics in the rule book in applying for extension, or this other...according to section 9 of the weights and measures act, subsection 2, paragraph 10 of 1801......I remained calm and allowed them to show off their legal knowledge. I knew there are limits to how far they could play the game.
            13. They ran out of extension applications and all the other gibberish and goobledygook. The basic truth is that the HMRC legal department was overstretched and didn't have manpower.
            14. Whilst waiting for the FTT to set a hearing date - it appeared as if the FTT itself was also under-resourced and couldn't meet their own timescales - the HMRC wrote to me agreeing to my original position of not grossing up the taxable income and asked that I suspend the FTT appeal. This is something they are currently referring to as "The net settlement offer". See https://www.gov.uk/guidance/disguise...ur-tax-affairs.
            15. I took up the offer and used my previously purchased Certificate of Tax Deposits to pay the tax with very little interest. The CTDs had the effect of freezing interest on any liabilities.
            16. On closure of the enquiry, I withdrew the FTT appeal.

            I hope this will help others. In simple terms, I didn't need a lawyer, an accountant or AML. I simply used basic GCSE math to add and subtract, GCSE english to write letters and possibly £20 in recorded delivery postage. Yes with the HMRC, always write letters and post using recorded delivery -their house is not in order.
            All this to and fro took a little over 6 years. The best take away for me is to be not afraid of the HMRC or the tribunals - by the way I was going to represent myself in the FTT and face their learned barristers etc. I was ready for it - both for a tick and a laugh.
            I seriously take my hat off to you sir. Utmost respect.

            Comment


              Appeals link

              https://www.gov.uk/tax-tribunal/appeal-to-tribunal

              Comment

              Working...
              X