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Looks being the operative word.

Maybe they don't need an IP to handle the actual BR but it might be wise to have a consultation to review the circumstances.

This is a situation where professional advice, from a qualified Insolvency Practitioner, is an absolute must.

Get this wrong and you could pay a very heavy price.

No disrespect to Mouse007, but this is a discussion you should be having with an Insolvency Practitioner.

Print this off and take it with you to the Insolvency Practitioner.

https://www.gov.uk/government/publications/tackling-disguised-remuneration-update/tackling-disguised-remuneration-update

Knowing HMRC, they'd treat divorce as a tax avoidance scheme.

In 2019 they'll issue a demand. That's what you need to plan for.

Be careful making assumptions, this is a complex area with lots of pitfalls. Talk to an Insolvency Practitioner for peace of mind and to plan for the future.

Forget that. Most companies have already folded and any that haven't will be soon. In any case, any assurances you were given aren't worth the paper they are written on. None of this is covered by...

The latter. If you don't settle before 2019, or pay back all 6 years of loans, then they will tax you on all the outstanding loans.

PS. I don't want to worry you even more but the Government are introducing legislation in 2019 to tax all outstanding loans with these schemes.

If you do speak to an Insolvency Practitioner, it's...

It might be worth talking to an Insolvency Practitioner. Our group (NTRT) have used this firm:

David Thornhill
FRP Advisory LLP
Tel: 0161 833 3344
DDI: 0161 833 5627
Mobile: 07801 743332...

Many people received them. Some were even sent 1st class to make sure they arrived in time to spoil festivities.

HMRC really are a bunch of c&?!!.

The confusion might be because Montpelier ran two different schemes.

Quite a lot of people were in both. Some haven't got a clue what they used. :rolleyes:

DTA scheme (2001/2 to 2007/8)
Hit...

Just think what you could do with a few £m.


Hire a crack team of tax QCs to find holes and ways around the loan charge legislation (where there's a will, there's a f***ing way)
Force HMRC to...

I wonder how many of the 40,000 will only find out about this when the brown envelope arrives after 5/4/19?

Unfortunately most of those 40,000 will be contractors, and we know what it's like...

You can make representations (appeal) against the FN. If you do that then the process is suspended while HMRC consider their response. If they reject the representations, you get a further 30 days...

Have a read of the 4% loan agreement, it's not worded quite like that.

In any case, we're talking mega hypotheticals here.

From what I hear, Montp are extremely unlikely to even be granted...

No, the additional 4% success fee was only due if you didn't end up paying any more tax.

If you choose not to comply with the FN, and instead continue with your own tax appeal, then the amount is still in dispute, hence the APNs.

Of course, if you don't comply with the FN, then you...

Yes, probably best to contact them.

Sad that people are still falling for these crooked scams.

There is certainly nothing Smart about it.

Contact Montpelier and see what they say?

I would expect by now that they would be aware that HMRC are pressing ahead and issuing FNs.

HMRC have started issuing actual Follower Notices and APNs to people who've received the warning letter.

I've heard 2nd hand that Montpelier are sending a letter to HMRC pointing out that they are awaiting a hearing date from the Upper Tribunal, for their late appeal, and that HMRC are therefore...

The litigation was not funded by insurers. Montpelier funded it themselves.

According to HMRC, the time limit to appeal Huitson to the Upper Tax Tribunal (UTT) expired on 23 January 2016. It appears that Montpelier didn't submit the appeal until July 2016.

HMRC are...

Take your pick.

1) It was part of Montpelier's cunning plan.
2) It was a balls up.
3) They did it on purpose to end the appeal and save any further expense.
4) The dog ate the application.

It was a blunder by all accounts.

The Class 4 NICs were included in the Closure Notices HMRC issued after the retro legislation was enacted.

Correct, and this is not the first time they've jumped the gun.

They sent out an FN warning letter to one person at the beginning of July, and it took some prodding to get them to back down.

Update from the UTT this morning:

"There has been no final decision on this late appeal. We are still in the process of fixing a hearing."

This thread has been viewed nearly 600 times in the past 24 hours.

If it is mainly HMRC reading it then they've been keeping "busy". :laugh

Thanks.

I did wonder if I was wasting my time updating it but the thread has had 2,586 views in two months, so I guess someone is reading it.

I've updated the first post with the latest status of the Huitson appeal.

If you are receiving most (80-90%) of your remuneration via "tax free" loans then you are in a Loan Scheme.
It doesn't matter what the company you're with calls it. Some even describe themselves...

WHS

If it's a loan scheme, where you get "paid" in loans, then you will also have the new 2019 HMRC loan tax charge to contend with.

It would also be totally negligent of this company to carry...

An agency makes the same % whether a person goes through an umbrella, Ltd or scheme.

It therefore wouldn't be difficult to make it in their interests not to touch anyone using a scheme. To make...

One way to kill these schemes off would be to make agencies, supplying workers to end-clients, liable for any non-compliance. Agencies would then only deal with vanilla umbrellas or the worker's own...

No matter what the company tells you, it's not an umbrella. You can't retain more than 60% through a legitimate umbrella.

You are using a tax avoidance scheme.

Brace yourself for a shed load...

BG seem better than the other loan scheme groups I know of.

Some advisors are definitely more of the ambulance chaser/shark variety than others.

The big tax advisory firms charge £300/man hour....

Another one does a runner
Another one does a runner
And another one gone, and another one gone
Another one does a runner
HMRC are gonna get you too
Another one does a runner

QUEEN LYRICS -...

The BN66 retro legislation, which was the subject of the Huitson appeal, was enacted in 2008.

I remember at the time quite a few ebt loan promoters did draw attention to it on their websites but...

If you mean this then it's only at the consultation stage.
http://forums.contractoruk.com/hmrc-scheme-enquiries/116695-hmrc-discussion-document-strengthening-tax-avoidance-sanctions-deterrents.html...

Don't know but anyone settling would need to be careful. There is certainly a potential trap there for the unwary.

Nothing new to report.

There are also proposed penalties for users in section 3.

Even settling carries a risk.

4.4 The draft legislation in Finance Bill 2016 defines a relevant defeat as
arrangements in relation to...

Nothing new to report on the Huitson case.

FWIW

https://www.whatdotheyknow.com/request/ps440m_psc_non_compliance#incoming-853564

To find out how horrendous, plug the total value of all your loans into this.

Eg. £300k loans results in a £130k tax/nic bill. (Note: you lose £1 of personal allowance for every £2 you go over...

I've already done that but it doesn't stop threads getting constantly hijacked.

On the other hand...

Maybe he's inadvertently doing us all a favour. Perhaps it would be better if all public...