SDLT scheme [***]-up by HMRC lets taxpayer off hook

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Interesting decision on a DA procedural point:

http://financeandtax.decisions.tribunals.gov.uk/judgmentfiles/j11200/TC0...

Interesting also that the law firm got wrapped on the knuckles by their regulator for successfully saving their clients all this tax!

https://www.lawgazette.co.uk/practice/simpson-millar-fined-for-part-in-4...

Replies (10)

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By Duggimon
09th Jul 2019 15:47

Justin Bryant wrote:

Interesting also that the law firm got wrapped on the knuckles by their regulator for successfully saving their clients all this tax!

https://www.lawgazette.co.uk/practice/simpson-millar-fined-for-part-in-4...

I think you mean "for engaging in a tax avoidance scheme that wasn't in any way legal and only escaped being penalised because HMRC are incapable of posting letters".

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Replying to Duggimon:
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By Justin Bryant
09th Jul 2019 15:55

Where does it say the scheme was illegal (or even negligent)? The Tribunal confirmed that HMRC's DA period was 4 years (i.e. the normal time limit), so you are talking rubbish.

Regardless, as far as the taxpayer is concerned a win is a win and I doubt they are complaining about this.

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Replying to Justin Bryant:
By Duggimon
09th Jul 2019 16:04

I'm sure the taxpayers are delighted with having successfully avoided the tax they didn't want to pay.

The tribunal makes no statement regarding the legality of the scheme, I just inferred from what it does say about it that it wasn't legal.

It would seem the law firm offering it to clients agreed with me nine years ago when they abandoned it after using it for only ten months and it would appear the only successful appeal to be made against the assessments is on the basis that the letters weren't posted and got delayed for three years, rendering it out of time.

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Replying to Justin Bryant:
Psycho
By Wilson Philips
09th Jul 2019 16:07

It's no more rubbish than alleging that

"the law firm got wrapped on the knuckles by their regulator for successfully saving their clients all this tax"

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Replying to Wilson Philips:
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By Simon V
09th Jul 2019 16:15

Oh you guys... get a room!

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Replying to Wilson Philips:
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By Justin Bryant
09th Jul 2019 16:36

Yes; that's what's called a tongue in cheek remark in case you do not know.

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Replying to Justin Bryant:
Psycho
By Wilson Philips
09th Jul 2019 17:19

That's interesting, because I read Duggimon's comment as being far more tongue-in-cheek than yours.

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Replying to Wilson Philips:
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By Justin Bryant
09th Jul 2019 17:36

But clearly it wasn't per his above follow-up comment.

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Replying to Justin Bryant:
Psycho
By Wilson Philips
09th Jul 2019 18:13

... which comment I hadn’t seen at the time of posting mine.

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Replying to Wilson Philips:
By Duggimon
10th Jul 2019 09:25

I just like to give Justin a prod when he's doing his wacky "there's one in the eye for those pesky regulators from the plucky little tax evaders" routine.

I do appreciate his posting of the interesting cases nonetheless, it's all in good fun.

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