@FrancesCapewell I have a number of initial thoughts to the letter.
First, the letter is selective as to the points it addresses. Has it avoided the even more difficult questions?
@FrancesCapewell Secondly, the paragraph beginning “The Supreme Court” is a gross oversimplification (at best) and just plain wrong (at worst).
@FrancesCapewell The discussion of DOTAS is equally lacking in candour.
First, it is my understanding that HMRC have belatedly accepted that some of these arrangements did NOT require disclosure.
...
@FrancesCapewell In any event, the Hyrax case is an example of a very late scheme where a more robust attitude was taken by the promoters because of the 2014 APN legislation which made voluntary disclosure unattractive. ...
@FrancesCapewell The Hyrax decision makes it totally clear that all previous versions of the arrangement WERE disclosed. HMRC are aligning two facts in order to create a misleading impression. Remember that the false claim of “HMRC approved” made only sense if the scheme had been disclosed.
@FrancesCapewell The sentence beginning “The settlement figures referred to by campaigners …” gives the initial impression that the campaigners have somehow made up the figures.
@FrancesCapewell These figures are of course those cited by HMRC themselves in attempts to justify their actions. All that's happening is that they've been analysed, questioned and cited back. HMRC seem to accept that these figures are no longer relevant as they'll be updating them in due course.
@FrancesCapewell At least the letter acknowledges for the first time that HMRC’s helpline does not even purport to offer mental support. My understanding is that HMRC have previously tried to say that their helpline was established for this purpose.
@FrancesCapewell Of course, I cannot comment more fully without having seen the prior correspondence. However, the impression I get is that this is a further example of the Treasury stonewalling and failing to address the real concerns.
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Seeing the flurry of ministers and ex-ministers extolling their virtues and those of colleagues, I thought I would revisit an issue.
1/10
It will be remembered that the former FST (@meljstride) was shoe-horned into chairing the Treasury Select Committee @CommonsTreasury, with his appointment apparently actively supported by government whips.
2/10
I am advised that it is relatively unusual for an ex-minister to be appointed to such a high-profile position so soon after leaving office as there is a risk (and the perception) of marking one’s own homework.
3/10
This revelation raises a number of interesting points. 1. It shows that HMRC were very conscious that their new found use of s684(7A) might be struck down by the courts. 1/5
It has been of some interest to see a FOIA request seeking information about my meeting back in 2019 with @Jesse_Norman , then the FST, about the loan charge. He was newly in post and claimed to want to resolve the controversies.
1/15
The material disclosed will of course be of interest to those who will want to know what I said. In fact, I was asked on 14 June by the Treasury if I objected to disclosure. I responded the same day to say that I didn't object. I have nothing to hide.whatdotheyknow.com/request/meetin…
2/15
However, of equal interest perhaps is the efforts it took for this material to emerge.
From what I understood, a request was made 10 months ago for details (including follow-up comments) of all meetings JN had with external voices. I was one of ten. whatdotheyknow.com/request/meetin…
3/15
I make the following brief reflections on the Hoey proceedings.
They reflect solely my perception of the oral arguments and should not be taken as any comment on what the law actually says/means.
In short, I am pessimistic about Mr Hoey’s chances of success. 1/9 #hoey
It must be remembered that there are a number of different issues – ultimately representing HMRC’s different lines of attack.
2/9
HMRC’s most ambitious approach was to invoke the “transfer of assets abroad” code – this met strong resistance from the Court and I expect the Court to find in Mr Hoey’s favour on this point.
That leaves the case squarely in the realm of employment taxes and the PAYE rules.
3/9
This reference to “covering our backs” is rather unfortunate.
Unfortunately, the full range of strategies has been redacted. But it is interesting to see that HMRC have concerns about defining what is meant by “fair disclosure” by taxpayers.
2/13
Of considerable interest is the Treasury memo anticipating the announcement of what became the Morse review.
3/13