Tag Archives: Claim

LTAG IS A SOLUTION (JUDICIAL REVIEW ACTION) TO PROTECT THE INITIAL TAX RELIEF POSITION OF CERTAIN INDIVIDUALS

LTAG is a solution (Judicial Review action) to protect the initial tax relief position of certain individuals, the effect of which, if successful, would prevent HMRC from being able to recover, with interest, repayments of tax, regardless of the ultimate outcome of any separate disputes between HMRC and the tax schemes.

LTAG is not another litigation firm. It is an Association of Members who are coming together to share costs and expertise purely for the purpose of an action for Judicial Review.

LTAG has one of the strongest teams which could be put together for such a case including tax consultancy, HMRC litigation expertise, QC Tax Counsel and action group management. Members of the advisory group to LTAG have previously secured multiple settlement successes with HMRC. As an Association, LTAG has clear rules to ensure that it is run professionally.

The LTAG claim is based on a clear interpretation of the taxing statutes. Court procedure has been strictly adhered to so as not to fail procedurally. HMRC’s defences to LTAG’s claim have been received as part of the court disclosure protocol. Recent Court decisions demonstrate a clear desire by the judiciary to implement the law. Imminent other Court decisions are likely to lend weight to the LTAG claim. The LTAG claim has been reviewed by numerous legal, accounting and tax advisors, on behalf of their clients who have subsequently joined LTAG.

The claim, which is independent of any single promoter, has taken two years to prepare. It is not concerned with what an LLP or partner did or did not do but rather what has HMRC done or not done as is statutorily required of them. In many instances, HMRC did not implement statutory requirements and, should the LTAG claim win, will not be able to recover repayments of tax relief previously awarded.

If you would like more information about LTAG please complete the enquiry form at our page JOIN LTAG

De Silva Case Heard at Supreme Court

Today the Supreme Court heard the claim raised by a Mr De Silva (and others) to determine whether HMRC are entitled to enquire into his claim for loss relief other than by opening an enquiry under Schedule 1A of TMA 1970 which is subject to a time limit that had elapsed prior to the date of the enquiry.

The claim was heard by Lord Neuberger, Lord Kerr, Lord Reed, Lord Hughes and Lord Hodge. Fuller details as well as the ability to watch the hearing can be reviewed at www.supremecourt.uk/current-cases/ and search on De Silva.

The LTAG officers were in attendance. From a wide number of perspectives we believe that the De Silva hearing assisted the LTAG claim. In the next few weeks LTAG members will be provided with an update on the LTAG claim.

At this point there are no further timing related claims that are scheduled in the court diaries so LTAG will be the next claim to be heard.

Please contact us if you are in one of the potentially affected LLPs we mention in earlier posts.

Supreme Court to hear related case, De Silva – June 22nd

On June 22nd the Supreme Court will hear another related case to the LTAG claim after which there are no other related claims in the court diary.

The claim being heard is for an individual who made a carry back loss claim in the past and HMRC may not have used the correct enquiry mechanism to challenge that claim. If they did not, they are out of time to make any other alterations.

Some LTAG claimants have also made claims for prior years. Equally, many LTAG claimants have claims made for relief in the same year.

Over and above the claim to be heard at the Supreme Court on June 22nd the claim LTAG makes is that to recover any repayment HMRC needs to follow certain statutory steps. A discussion of these statutes will not be part of the related claim on June 22nd.

The LTAG team will nonetheless attend the hearing and provide an update to all LTAG members.