It LETS HMRC exercise their full range of administrative powers (enquiries/assessments) to challenge loan schemes provided (as they mostly did) HMRC took timely action under Taxes Management Act 1970.
NC31 LETS taxpayers have their constitutional day in court to pursue whatever arguments they make about their arrangements.
It ALLOWS them to access the full range of statutory safeguards available to all other taxpayers when facing HMRC challenges.
It LETS the Tribunal decide.
The loan charge is designed solely to remove those statutory safeguards, in order to cover up decades of HMRC failings.
NC31 REMOVES the inherently unfair loan charge from most taxpayers allowing the protections conferred by statute to have the effects as intended by Parliament.
But, for those taxpayers who knowingly underpaid their taxes, they will STILL FACE the loan charge.
NC31 REINSTATES fairness into the tax system.
A vote for NC31 is a vote for fairness to all.
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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