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HMRC penalties


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Just a quick point to make with regards the tax penalties.

HMRC have identified an issue with ebt's, came up with a figure that they believe we owe, be it right or wrong and then demanded payment. We in turn have disputed that we acted wrongly however they have then applied penalties even though we have disputed the charges.

Not being a tax specialist however under normal conditions we would be sued for the funds owed then have a fine/penalty awarded if found guilty after the fact, this seems to fly in the face of conventional rulings.

Can someone clarify why they are allowed to increase our fine when they are not a court of law and cannot in fact find us guilty.

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Just a quick point to make with regards the tax penalties.

HMRC have identified an issue with ebt's, came up with a figure that they believe we owe, be it right or wrong and then demanded payment. We in turn have disputed that we acted wrongly however they have then applied penalties even though we have disputed the charges.

Not being a tax specialist however under normal conditions we would be sued for the funds owed then have a fine/penalty awarded if found guilty after the fact, this seems to fly in the face of conventional rulings.

Can someone clarify why they are allowed to increase our fine when they are not a court of law and cannot in fact find us guilty.

I did some research recently, and for the First Tier Tribunal, the burden of proof is on us in regard to disproving the initial assessment. However, the burden of proof is on them with regard to justifying the penalties and interest.

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in my opinion the 'penalties' are maybe a bit of scaremongering to try and get the amount they want.

it's a little bit liek if you are selling a TV and you want £200 for it, but you suspect the buyer might try andbring you down, so your likely to start of about £300 in the hope to get £200.

i asy this because the penalties seem unreasonable and compeltely disproportionate to the actual bill. The small tax case for example, they are asking for 2.4m for the bill & a further 2.6m in penalties if im correct.

i also read an article, i think in the scotsman, with David Murray, who quoted the Big Tax Case as being a bill of 36.6m. If thats correct, the 49m bill inclusive of penalties isn't that extreme, but Whyte & D&P have both mentioned it could potentially be 75m with the maximum penalties, which is more in penalties than the actual bill.

When its all said an done, i think the final amount owed to HMRC for everything i hope will be less than 40m, which will be further cut back if we can exit admin via CVA.

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