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Where Taxpayers and Advisers Meet

NRCGT return

etf
Posts: 521
Joined: Mon Nov 02, 2009 5:25 pm

Re: NRCGT return

Postby etf » Fri Dec 28, 2018 9:48 am

Don't believe everything you read on Gov' websites:

'You can access all our decisions from April 2003 by searching our decisions database below'.

http://financeandtax.decisions.tribunals.gov.uk//Aspx/default.aspx

Where is the NRCGT case heard by Judge Hellier on 11 June 2018, that was won by the taxpayer, if the above statement on your website is true?

Listening to the Queen's speech on Xmas day, I did wonder whether she would continue to be happy to have her title on the tin (HMRC) if she knew what Dastardly and Muttley were up to. Let us hope they improve their behaviour in 2019!

bd6759
Posts: 2963
Joined: Sat Feb 01, 2014 3:26 pm

Re: NRCGT return

Postby bd6759 » Fri Dec 28, 2018 11:47 am

This thread should be locked. It is getting tiresome, and is turning into a rant rather than a discussion.

HMRC does not publish Tribunal decisions. At the top of the proverbial "tin" it says "Courts and Tribunals Judiciary". Can't you grasp that HMRC are not part of the Judiciary and have no influence over the Judges or their inconsistent decisions?

etf
Posts: 521
Joined: Mon Nov 02, 2009 5:25 pm

Re: NRCGT return

Postby etf » Fri Dec 28, 2018 12:39 pm

I said 'Gov' websites not 'HMRC' websites.

The reference to HMRC is for their spectacular failure to roll out NRCGT with the diligence and thought allocated to other new tax regimes and issuing £1,600 penalties to unsuspecting taxpayers (if advice provided early on during this thread had been followed, the full penalties would presumably have remained in place-now reduced to £700).

Do you not think it strange that a tribunal case heard 6 1/2 months ago remains unpublished? I don't think it is unreasonable behaviour to keep highlighting this point until it does become available.

PS I'm still waiting for someone to identify what piece of information contained in Goochie's accountant's appeal letter allowed HMRC to cancel his penalties, but keep them in place for others with identical situations = not even-handed = not in accordance with the taxpayer's charter =Jon Thompson not fulfilling his duty to ensure the charter rules are followed (how he can come to such a decision without knowing why HMRC allowed NRCGT appeals is beyond me). So yes, I agree this is a rant, but until these questions get answered, I think showing Victor Meldrew qualities is wholly justified.

bd6759
Posts: 2963
Joined: Sat Feb 01, 2014 3:26 pm

Re: NRCGT return

Postby bd6759 » Sat Dec 29, 2018 12:28 am

Do you not think it strange that a tribunal case heard 6 1/2 months ago remains unpublished? I don't think it is unreasonable behaviour to keep highlighting this point until it does become available.
Ranting on Taxationweb.co.uk is extremely unreasonable because it will not get it fixed. Have you tried doing something useful, like pointing out the omission to the Courts and Judiciary departmentso that they can either fix it or explain why it not published?

etf
Posts: 521
Joined: Mon Nov 02, 2009 5:25 pm

Re: NRCGT return

Postby etf » Sat Dec 29, 2018 10:41 am

Following the lead of some of the NRCGT tribunal judges who believe it is too difficult to expect a legal adviser who specialises in property transactions to alert their client to the possibility of a 30 day NRCGT return filing requirement (property related tax return), do you really think it is a wise move for me (tax) to become involved in legal issues? Rest assured however, I will keep monitoring the Gov' website and update this thread of developments (6 1/2 months and still not published...something is not working here).

Once again you have avoided addressing the Goochie question. If anyone could come up with a tenable explanation for HMRC's behaviour on this case, I would put my money on you (this is a compliment). Therefore your continued silence just reinforces my 100% belief that HMRC have not dealt with taxpayers even-handedly as they are required to do (the successful appeal rate dropping off a cliff also supports this view). I'm sure if someone independent reviews HMRC's actions this will all become apparent (and remember HMRC haven't recorded the reason why NRCGT appeals were accepted in great numbers in the first period. Presumably even they don't currently know what they have done and are naturally hoping to bury the whole subject which is damaging for the Department).

Compliments of the season to you!

bd6759
Posts: 2963
Joined: Sat Feb 01, 2014 3:26 pm

Re: NRCGT return

Postby bd6759 » Sat Dec 29, 2018 7:38 pm

do you really think it is a wise move for me (tax) to become involved in legal issues?
Asking Courts and Tribinals Judiciary why a decision is missing is not a legal matter. It is a simple request. If no-one tells them its missing, they wont know to fix it.

etf
Posts: 521
Joined: Mon Nov 02, 2009 5:25 pm

Re: NRCGT return

Postby etf » Fri Jan 04, 2019 12:05 pm

Jon Thompson is now a knight. HMRC’s avuncular chief exec received this honour for “public service”. Thompson took charge of HMRC in 2016 and like many of his predecessors his tenure has been turbulent.

I'll make no comment, although I'm starting to appreciate why the French had their revolution. Time to reform the Tooting Popular Front.


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