ESC a19 turned down

antonic

Can you please confirm if you were one of the barristers involved in the failed appeal to the FTT please ?

Thanks

Keith_Gordon wrote: »

At the moment, one cannot complain to the First-tier Tribunal.
However, the reason for that is that challenges should be made by "judicial review" to the High Court. This is going to be prohibitively expensive for most taxpayers and the Adjudicator is more likely to be the easiest way forward.
However, if enough taxpayers get together, a judicial review would be a sensible option to consider.

Keith Gordon, Barrister

Keith_Gordon

antonic wrote: »

Can you please confirm if you were one of the barristers involved in the failed appeal to the FTT please ?

Thanks

I was one of the independent Counsel instructed to assist the Tribunal but, I hasten to add, the Tribunal's conclusion was that of the Judge having heard arguments also from HMRC and the employees who wanted ESC A19 to apply.

chrismac1

To the OP, keep going! You don't have to look far on this site to find examples where it's taken 6 or 7 letters before HMRC have caved in. Admittedly HMRC are getting even more aggressive.

It's bad enough that they are incompetent, unfortunately they also behave more like second hand car dealers than a professional tax service. Keep going!

Ask specific questions like:

1. On which dates did you receive the information which prompted your assessment of x date y month 2012?

2. What prmpted that assessment when you received the details in July 2009, July 2010 and July 2011?

If you are persistent and annoying enough, even a 2-bit spiv (HMRC in this case) gets worn down in the end.

MJB220

Hi

I am now at the appeal to the Ombudsman stage having exhausted the complaints process and would be welcome any suggestions on how to organise my approach.

As background

I have never had more than one source of income at any one time however sometime before tax year 2005/6 I began to be taxed using a BR code.

This caused little problems at the time as my earnings meant that this tax code was more or less correct and any difference was settled via the self assessment system. As I changed jobs over the subsequent years I submitted P45s and during this time the tax office took me off the self assessment system. As my income grew my tax code did not get changed and a number of years arrears built up.

The tax office have ignored to my repeated requests for information they hold on my tax affairs, they have said I do not satisfy ALL the conditions for esc a19 to be applied but have not specified which condition I fail.

I realise now that I should scrutinise my tax affairs very closely, but at the time I genuinely believed that because I was in the Paye system and had didn't have anything complicated such as P11D benefits or other sources of income that things were in order.

Any help much appreciated