HMRC enquiries EBT - Castlemaine and general questions

[BenDover]

You might want to read the legislation.

Why? It would make little sense to me as I am not a tax lawyer.

Whatever the outcome is, I chose a path a few years ago and I cannot now change that. There is a legal team willing to fight my corner and I am going to let them, if they lose I am out of pocket but if they win then they will be a top company that saved me a lot of money

[slatt]

They did mention the APN and said that this could only be enforced where a successful case had been won by HMRC

I believe they are confusing APNs with Follower Notices.

A follower notice can only be sent out if HMRC have had a win in court

APNs will be sent out to everyone with an open enquiry, regardless if whether their scheme has been tested in court.

If the legislation goes through as it currently stands then basically if you have an open enquiry be prepared to pay up in the next 6 months or so. You can then take HMRC to court and fight to get your money back.

[lucozade]

please sign and share everybody.

https://you.38degrees.org.uk/petitio...-retrospective

[dezze]

Why? It would make little sense to me as I am not a tax lawyer.

Whatever the outcome is, I chose a path a few years ago and I cannot now change that. There is a legal team willing to fight my corner and I am going to let them, if they lose I am out of pocket but if they win then they will be a top company that saved me a lot of money

The problem is you will be out of pocket in the short term whatever (all that HMRC determine you owe), and then at some point in the distant future (and I'm talking years) you *may* get your money back if you scheme provider has the will to fight it out, including appeals etc. HMRC will string it out for as long as they possibly can. For those without the financial backing of a scheme provider, unless they can get well organised and have the funding available (which most won't as they will have been cleaned out/made bankrupt) then they can kiss their money goodbye.

[BenDover]

The problem is you will be out of pocket in the short term whatever (all that HMRC determine you owe), and then at some point in the distant future (and I'm talking years) you *may* get your money back if you scheme provider has the will to fight it out, including appeals etc. HMRC will string it out for as long as they possibly can. For those without the financial backing of a scheme provider, unless they can get well organised and have the funding available (which most won't as they will have been cleaned out/made bankrupt) then they can kiss their money goodbye.

The money HMRC say I owe is nowhere near what I have saved when working through Horizon so just where have they plucked the figure from? If they do insist on retrospectively taking the money they say I owe and lets say I do make myself bankrupt, they are going to look very bad in the eyes of the public and to the government should they actually lose the case further down the line. If the case is won then I would be looking to sue them for taking action against me and causing the ruin of my name and business for entering into something that is not and never has been classed as illegal. Our very own Mr Cameron has publicly admitted that avoiders are not breaking the law so why would it be okay to ruin my life? The European courts would love that one to have yet another go at the British government.

There is no weight on my shoulders, I still go about my everyday life with a smile and I have faith in the people that are representing me.....happy days!

[taxywaxy]

Hey

I quit Horizon back in 2007 but have an open enquiry (COP8) for that year. I didn't receive any assessment of tax though, and have heard nothing since. Am I likely to get an APN in this scenario (where no assessment was drawn up and no appeal in place after several years)?

I suppose I better get back in touch with the Horizon promoters as I am not on any mailing list or up to date with their dealings with HMRC


Mods - can you grant me PM access please?

<admin note>PM access granted</admin note>

[BenDover]

Hey

I quit Horizon back in 2007 but have an open enquiry (COP8) for that year. I didn't receive any assessment of tax though, and have heard nothing since. Am I likely to get an APN in this scenario (where no assessment was drawn up and no appeal in place after several years)?

I suppose I better get back in touch with the Horizon promoters as I am not on any mailing list or up to date with their dealings with HMRC


Mods - can you grant me PM access please?

<admin note>PM access granted</admin note>

For anyone out there wishing to make contact with the company dealing with the Horizon investigation, you can contact them on the email below;

[email protected]

[Jez123]

Just posted this on the main board but as I was with Castlemaine thought I'd add it here....

Dezze

Had a very good meeting with my local MP on Friday, gave him a copy of the template I'd designed for myself and he seemed very concerned about the situation I'm in. Have just had a reply from his Parliamentary Office to say:

xxxxxx has asked me to thank you for coming to see him on Friday. He has written to the Chancellor on your behalf and for those other constituents who also came to see him and who have written and emailed. As I said, I am strongly sympathetic to all of your views and think this a very un-Conservative move and hope that the government will think again.

I hope this will encourage all contractors to meet with their MP, it's easy to organise and the more that follow this up the better our case will be.

Regards

Jez

[BenDover]

Just received a call from AAT today giving me an update, unexpected but very welcome.

[dezze]

Just received a call from AAT today giving me an update, unexpected but very welcome.

If it's shareable, then we're all ears - we need some good news on these forums. If it isn't keep it to yourself. We aren't the only ones reading all this.