Monday 25 July 2011

HMRC - A Law Unto Itself

Dredd

The Belfast Telegraph report that McGrigors are of the view that thousands of taxpayers may have been unfairly fined for paying tax late or failing to file their tax returns on time.

A spokesman for McGrigors is quoted:

"The law says that taxpayers should not be fined if they have a 'reasonable excuse' for late payment of tax or an overdue tax return.

Legislation does not define the phrase 'reasonable excuse', but the string of recent rulings against HMRC has made it clear that HMRC's official interpretation is too narrow.
"

Jason Collins, from the firm, is also quoted:

"The spate of recent cases suggests that HMRC has been imposing penalties far too harshly on taxpayers who have genuinely tried to comply with the law.

Thousands of taxpayers are likely to have been wrongly fined, yet very few challenge these fines.

This is because the way in which HMRC's guidance is worded makes taxpayers think they would stand little chance in a tribunal.

Taxpayers who feel they have been unfairly fined really should challenge HMRC.

HMRC really has become a law unto itself where fines are concerned.

The courts have made it clear that HMRC's guidance on fines is at odds with the law, and that its definition of 'reasonable excuse' should not be taken at face value.
"

When unelected state bureaucracies become "laws unto themselves", the foundations of our democracy are dangerously undermined.

Tax does have to be taxing.

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8 comments:

  1. Yes its on P.17 of the Pacesetter guide to jargon.
    It is a method whereby 7th dan practitioners can send their audience to sleep with 3 stroke of the pen on the whiteboard.
    When undertaken by a true Dojo, the pacesetter evangelist will not even notice that their frontal lobe has been removed by one swipe of an incorrectly placed permanent marker.
    This really fecks them up yo know, the best technique is to swap the inside of a whiteboard marker with a permanent marker - LOL - they just can't cope with it!
    Another good laugh is to alter the statistics when they are not looking, the stats then go off and management at Pacesetter HQ think that everything is hunky dory when in fact its worse than they could imagine.
    Join the underground movement, you know it makes sense. Keep telling them its all going spiffingly they just lap it up, it used to be called bullshit baffles brains but know its known as "engaging".
    Cue "The Battle Hymn of The Republic".

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  2. "When undertaken by a true Dojo"? You know that a dojo is the place that martial arts are practiced - not the practitioner?

    "Another good laugh is to alter the statistics when they are not looking, the stats then go off and management at Pacesetter HQ think that everything is hunky dory when in fact its worse than they could imagine."

    The only problem with that is that falsifying figures is a sackable offence (unless you are G7 or above - then its massaging the figures and that gets you a top and a bonus).

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  3. Like a rudderless hulk drifting on a sea of slime HMRC drifts from one hazard to the next.
    Were we to be lucky enough to have SCS with the neccesary qualities of office the repair and salvage would be well under way.
    Trouble is this lot are like the Greek merchant navy - women and children last - "I'm alright Jack!"
    Pacesetter is not working and its becoming a national disgrace that is bringing HMRC into disrepute. That is neither acceptible nor good business practice.
    3 C that you feckers!

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  4. When you've had 6 - 9 months to complete a tax return (even 1-3 if it's issued late) then the 'reasonable excuse' has to be pretty good and not just 'oh, you didn't give me my password and I applied for it like a whole week ago!' contrary to popular belief on this site, the vast majority of frontline tax officers do consider the taxpayer, and err on their side, but we also appreciate that it is our job to provide the country with the income it needs and uphold the relevant legislation.

    And as for the claim that 'unelected officials' thinking they are above the law will kill democracy, is Ken suggesting there should be elections for jobs in HMRC?! Bet people would be queuing round the block to stand - not! LL

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  5. Pity you can't see the wood for the trees, pilgrim!

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  6. @:22.24 Just to clarify: HMRC doesn't provide the income the country needs, the taxpayers do. HMRC just collect it. I'm in no way concerned by the God complex inherent in your freudian slip :)

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  7. @9.21 - yeah, collect or deliver would have been better words, I'll hold my hands up to that one, and I won't even smite thee with a thunderbolt for your impudence! LL

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