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Loan Charge Regime - APN - any chance of a refund?

APN's were issued and paid for periods before 9 December 2010

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Hello all of you fellow homeworkers

Now, I think I know what the response will be but let's try anyway. This client was taken on last year but in 2013 he paid 3 of APN's  for 2005-6, 2007-8 and 2008-9 totalling about £110k. All such "loans" were pre 6.4.2009 and I now know that these periods are not to be pursued. The "loans" were disclosed online in September 2019 as required at the time. No "voluntary payments" were made. The client would have been settling the loan charge as a Self Assessment case.The e-mail response from HMRC Counter Avoidance Team received on Monday 23rd last, indicates (without actually saying so) that these APN payments won't be coming back to the client because of their relating to an underlying tax dispute. Now, I've checked the quantum of these payments and the calculations made when engagement began and I can't find fault with the numbers. Some people out there may say "serves him right, he shouldn't have tried it on" but I think we know that life isn't that simple and this was not evasion. I speak as an ex HMRC Investigator. Like many thousands of others, he believed the advice being given. So, I can't see how these years mentioned will ever be not "an underlying dispute" because the client never disputed the calculations or the veracity of the APN's. Without adopting a moralistic approach, is it correct and legal (notice I did not use the word "fair") for HMRC to hold monies for periods that have subsequently been determined as "off limits" for the Loan Charge legislation? I have read the brief paragraph posted by HMRC on 6 March 2020 but is this really suggesting that a payment towards tax isn't refundable if the loan charge tax isn't self assessed?

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By bettybobbymeggie
26th Mar 2020 13:25

By "underlying dispute" they mean there is an open enquiry or discovery assessment, in either case there will not be any refund of monies paid under the APN. The only refund is for monies paid under voluntary restitution (i.e. years where settlement has been made despite there being no open enquiry or assessment).

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