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Where Taxpayers and Advisers Meet

Can I transfer my house and cash before I get my Tax bill

billtax
Posts: 13
Joined: Sat Nov 30, 2013 11:28 am

Can I transfer my house and cash before I get my Tax bill

Postby billtax » Sat Nov 30, 2013 11:40 am

Hi
I work offshore on a 28/28 rotation and I live in UK
I was in a Tax Avoidance scheme and it was investigated by the HMRC, they deemed it as illegal even though everything seemed above board. My accountant were taking 121/2% from my wages. The HMRC now states I owe them £130000.
My question is can I transfer my assets that are in joint names to my wife and tell the HMRC that I haven't got the money to pay the bill.
Another question is can they demand all the money from me in one go, I have been speaking to them on a regular basis to avoid additional costs.
Hope anyone can help

LozaACCS
Posts: 1504
Joined: Wed Aug 06, 2008 3:55 pm

Re: Can I transfer my house and cash before I get my Tax bill

Postby LozaACCS » Sat Nov 30, 2013 1:36 pm

If the debt is a civil debt it might be possible.
You state that the scheme was illegal, this implies tax evasion rather than avoidance in which case the offence is an indictable criminal offence,if a conviction resulted then the prosecutor (HMRC) could apply for a confiscation order under the PCA 2002, if this were to be the case then the transfer would be of no use since the tracing provisions under that act would allow recovery from wherever the funds are held.

maths
Posts: 7578
Joined: Wed Aug 06, 2008 3:25 pm

Re: Can I transfer my house and cash before I get my Tax bill

Postby maths » Sat Nov 30, 2013 6:22 pm

Is it £13,000 or £130,000 ?

In any event great care needs to be exercised before transferring assets to deny a creditor, particularly HMRC.

http://www.propertyreporter.co.uk/view.asp?ID=12131

billtax
Posts: 13
Joined: Sat Nov 30, 2013 11:28 am

Re: Can I transfer my house and cash before I get my Tax bill

Postby billtax » Sun Dec 01, 2013 12:58 pm

Hi

Thank you for the replies.
When I said illegal the HMR stated that it was in breach of tax laws as the money was paid into a UK bank account by the accountants (my account is offshore) theirs is in the UK. This is Tax Avoidance not evasion.
The sum total is £130000.
I have no penalties as I have been in constant contact.
A tax lawyer stated I have a case against the accountants but they have folded but should have indemnity insurance.
I realise I must be careful as they will think that I am just avoiding paying the money


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