Often the point is made by tax-payers that if a court makes a certain judgement is not possible to wait for that judgement and to then have it applied to their own circumstance.
Were it to be so simple!
Each case rests on its own merits and on the merits of the evidence presented for claimant/claimants. In a tax dispute it is certain that HMRC would contend there is no precedence between a tax-payer’s situation and those of another case. HMRC would most likely ask that a tax-payer goes to court to separately defend their position. Of course, HMRC knows that most tax payers cannot afford this route by themselves and so there it ends.
Our experience is that the case that LTAG will present will be applicable to its claimants and solely to those.
At LTAG we have been asked a number of times what should tax-payers do where a settlement with HMRC is about to be finalised. This is especially the case since many sale and leaseback LLP’s are awaiting the judgement on Samarkand and Proteus. Alternatively, in some instances LLP’s are in a process of Alternative Dispute Resolution and again tax payers are left to wonder what they as individuals should do.
The position from LTAG is straightforward. Settlements at an LLP level position the degree of relief that may be allowed or not by HMRC. However, under certain circumstances HMRC may not be able to reclaim repayments made to tax-payers in the past irrespective of what is settled with the LLP.
Please contact LTAG to see if your circumstances will allow you to join the action group that will claim HMRC is out of time.
Tax payers who have received repayments from HMRC that are long dated and who want to confirm if HMRC are or are not in time to demand a return of those repayments should contact LTAG for a questionnaire that will assist the LTAG officers to determine your eligibility to join the action group against HMRC.