Your options in dealing with HMRC.

There are a number of different strategies that can be used to deal with an APN. 

Though APNS have no formal right of appeal, there are different strategies to ensure they are dealt with in an appropriate manner. 

Each approach will depend upon a number of factors such as the schemes you entered into and your personal financial circumstances. There is no one size fits all solution!

Each case will normally require a bespoke review and be examined on its own merits. 

A bespoke review involves:

  • A full fact find on the planning undertaken.
  • Analysis and application of the relevant legislation to check whether HMRC are entitled to utilise it.
  • Validation of HMRC's calculation of the amount due.
  • Where appropriate, an application to HMRC for a review of the amounts contained in the APN.

Possible routes available:

Following a review a number of different options can be considered including the following:

Negotiating favourable terms

Paying up the APN but negotiating favourable payment terms. The enquiry would remain open and continue to be dealt with by your planning provider so that should you win, the tax paid will be refunded.

Settlement of the tax dispute

This may be the case where case law suggests the planning is unlikely to succeed. Or, as a result of Budget 2016 changes, the planning may cease to work post April 2019.

Judicial Review / litigation

An expensive option but you may be able to join a group that is already progressing with litigation.

Other routes

Alternative routes which will be specific to your
circumstances.