Streetwise Thread - Tax Posts

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

As executor have you examined in detail the books of account for this business? Have you ascertained if the business and hence your late partner and her business partner were liable for any tax outstanding. remember that HMRC can in fact go back to the date of the registration of your birth if they so choose, the "7 year rule" is a myth. If you have not done this then it may be argued in a court that you have been negligent in the discharge of your duties as an executor.

Have you conducted the legal searches at the Land Registry to ascertain the presence or otherwise of legal charges on the property (ies) that claim are held as security by the bank? If not this again may be construed in a legal argument as negligent in your duties as the executor. IF you had made and exercised due diligence in all of this then maybe just maybe you would have had a better experience with the bank. They have clearly grave doubts about the situation, are confident of their own ground and have moved against you in the way that they have.

Oh and by the way all civil law solicitors litigate is the generic name for civil law proceedings. there are specialists in every section and division of the law but is "litigation" by definition

regards
G

Well i suppose i could also argue that if the bank won't speak to me they are obstructing me from my duties.Bye the way did we fall out somewhere else.

[garlok]

Re: Bank threatening to appoint L.P.A. receivers.

There is one very simple answer to all this and that is to honestly and openly go to a qualified legal professional to get it all unravelled if this is a genuine case. I detect a serious reluctance to do this at every turn. That is the best advice anyone could give you and is gold dust in your position if it is genuine.
It has been given to you several times and it has been declined. WHY?

regards
G

[fluffystuff]

Re: Bank threatening to appoint L.P.A. receivers.

Don't want to turn this thread into a tax argument Fluffy but please read a little bit further you will note

"ALL profits from trade etc" or words to that effect and that means everyone according to the inspector we had discussions with at the Bangor office.

regards
G

Again with respect Garlok, the honourable gentleman has misinformed himself and you! It clearly does not include partnerships.

A limited company employs it's staff, pays a salary, pays their NI and any other benefits and the individual staff member is taxed at source. Any profits the company makes thereafter, the company pays tax on. I.e. corporation tax.

With a LLP or a simple partnership, there are no employees. Each member has a holding in the business and takes profits according to their holding. The member is then taxed as an individual on whatever he draws from the business via self assessment.

A limited company is a legal entity in its on right. An LLP or simple partnership is not.

Lets leave it there. X

[PlanB]

Re: Bank threatening to appoint L.P.A. receivers.

Don't want to turn this thread into a tax argument Fluffy but . . . .

I don't see the need for the OP to start a new thread, but maybe Garlok would like to start one on tax and probate issues?

This thread was started by the OP in an attempt to discover whether the bank can appoint receivers in his particular situation, which is why it was started in the Housing section. It was not intended to be an analysis of whether the OP failed in his duty as the executor of a Will or acted incompetently (as has been suggested) since none of us is qualified to make that judgment call. It is also not about whether the OP has avoided paying tax.

[fluffystuff]

Re: Bank threatening to appoint L.P.A. receivers.

I don't see the need for the OP to start a new thread, but maybe Garlok would like to start one on tax and probate issues?

This thread was started by the OP in an attempt to discover whether the bank can appoint receivers in his particular situation, which is why it was started in the Housing section. It was not intended to be an analysis of whether the OP failed in his duty as the executor of a Will or acted incompetently (as has been suggested) since none of us is qualified to make that judgment call. It is also not about whether the OP has avoided paying tax.

Quite!

I must apologise to Streetwise for prolonging the tax discussion but posted as Garlok's information was misleading.

[SXGuy]

Re: Streetwise Thread - Tax Posts

Im sorry but i cant just stand by and read this thread without saying, what a load of drivel.

Yes there may well be some legislation in coporation tax matters that carry over to individuals and partnerships, but they do NOT have to submit corporation tax returns, and ARE taxed via self assessment.

Ive been in the taxation sector for quite a number of years, my business partner 30 years, and you are wrong. You have taken something the completely wrong way and asserted it to self assessment tax payers.

Sole Traders and Self Employed Partners do NOT fall under corporation tax. End Of!.

Self employed sole tradeing partnerships submit a partnership tax return together with each partners self assessment forms.

Ive just spent the whole day checking tax returns as part of my job, i think id know if i was doing it wrong all these years, HMRC would soon be on me.
.
EDIT: dont get me wrong guys, i mean no disrespect. Its just that this argument is also my main job.

[PlanB]

Re: Streetwise Thread - Tax Posts

Im sorry but i cant just stand by and read this thread without saying, what a load of drivel.

Yes there may well be some legislation in coporation tax matters that carry over to individuals and partnerships, but they do NOT have to submit corporation tax returns, and ARE taxed via self assessment.

Ive been in the taxation sector for quite a number of years, my business partner 30 years, and you are wrong. You have taken something the completely wrong way and asserted it to self assessment tax payers.

Sole Traders and Self Employed Partners do NOT fall under corporation tax. End Of!.

Self employed sole tradeing partnerships submit a partnership tax return together with each partners self assessment forms.

Ive just spent the whole day checking tax returns as part of my job, i think id know if i was doing it wrong all these years, HMRC would soon be on me.

Thank you for clearing that up

I was about to sack my accountant for getting it wrong all these years

[fluffystuff]

Re: Streetwise Thread - Tax Posts

Thank you SXGuy, I was hoping that you might call in! X

[garlok]

Re: Streetwise Thread - Tax Posts

Well I can laugh like a drain at the lot of you because as my wife is an accountant with many years experience we hold the original documents issued by HMRC when all the rules were changed and how they were split up and how to read the picture as a whole and not just the single items. Get on with it experts. We have run a limited company legally and above board for a very long time which started as a sole trader and built up to hold major scientific research contracts with the EU technical commission, yes by our own bare hands until illness struck and a brush with the death house known as Stafford Hospital occurred alongside one of the biggest fraud investigations on the "disappearance" of EU funds into civil servant pockets this country has seen which lasted 6 years. Yes I was the whistleblower so when any of you have stood up and been counted and your family persecuted the way we were then come and lecture me on just how good you are and how high your thanks count is.

regards
G

[Streetwise]

Re: Streetwise Thread - Tax Posts

These posts are a combination of removed posts from the main thread here: --> http://forums.all-about-debt.co.uk/s...-P-A-receivers

Thanks

Niddy


Thanks Mrs D. Absolutely correct. Now we have yet another contradiction and another complication which I was concerned about in earlier posts. I said "partner" and "legal spouse" etc. Was told in no uncertain terms "WIFE" Now told in this most recent post by the OP "NOT MARRIED". Blimey this is a mess and I am going to speak with Niddy later in the day as I am beginning to have serious doubts about all of this and wasting my time and efforts and those of everyone else on this forum.

If the OP cannot be honest with himself let alone us then we have nothing to offer. I surprised at the reluctance shown to go get a solicitor instructed, or perhaps I am beginning to. The samll matter of Corporation tax returns as now required for businesses, clubs associations, charities etc has not even been tackled yet concerning the "business" which has been freely admitted exists.

regards
G

Sorry but show me where I mentioned LEGAL SPOUSE ,just for the record.

[SXGuy]

Re: Streetwise Thread - Tax Posts

Well I can laugh like a drain at the lot of you because as my wife is an accountant with many years experience we hold the original documents issued by HMRC when all the rules were changed and how they were split up and how to read the picture as a whole and not just the single items. Get on with it experts. We have run a limited company legally and above board for a very long time which started as a sole trader

Were not mocking you Garlok, we are simply stating that you have misunderstood the legislations. By your own admission you are now a ltd company.

You built up a massive business, so it stands to reason you would switch from sole traders to ltd. Without going in to it all right now, that would make sense. But please do not compare your business with everyone elses because each is different.

I know not of what rules you speak of, but i would be very shocked to see your wife as an accountant agree with you. These people on here, are sole traders, they do not file company returns, they do not file corporation tax returns.

They do not require balance sheets, or capital and reserves, the money is theres to take whenever however they like throughout the year, and tax is raised on net profit of the business less personal allowance. They do not require dividends, they do not pay tax on dividends. there is no corporation tax to pay on the business net profit.

So how you compare your ltd company to their sole trading partnership is wrong in all senses.

Your ignoring vital pieces of information which clearly seperates your business from theres.

Im not trying to cause an argument with you, im just trying to explain why you are wrong, i do this for a living, we currently process and submit around 400 Self Assessments per year. We have an Error rate of just 2 to 3 SA's per year. Less than 1%.

[fluffystuff]

Re: Streetwise Thread - Tax Posts

Im not trying to cause an argument with you, im just trying to explain why you are wrong, i do this for a living, we currently process and submit around 400 Self Assessments per year. We have an Error rate of just 2 to 3 SA's per year. Less than 1%.

Thankyou again SXGuy.

Like you, I certainly wasn't looking for an argument, that's just not me, as I hope certain people on here will attest.


I was simply pointing out that Garlock had misinformed the OP and did my best to try and explain why, speaking from experience, as I stated.
My husband and I ran a large Ltd Co. for many years, as Company Secretary, I spent many a happy hour with accountants poring over tax returns and filing docs. We currently run a LLP and have done since 2005 and also, in the past, have rented out commercial property as sole traders in a simple partnership.

I'm sad to say that I found some of Garlok's comments to be rather accusatory and its a shame that the original thread degenerated the way it did. I was only trying to help.

[SXGuy]

Re: Streetwise Thread - Tax Posts

your right, I don't want to be the one who's causes the thread to go off topic, so perhaps we can all agree to disagree and get back to the main subject. Were all friends here, I don't want to create any animosity.

[garlok]

Re: Streetwise Thread - Tax Posts

Don't worry you merry band of co-conspirators, I have conceded to your wishes. You have picked your arguments and I have made the site owner aware of material which has been appearing in my personal e-mail over a period of time with more yet to go. It is absolutely clear that a fight was being picked. Well I do not have the time for it or you frankly. At conspiracy people you are mere amateurs.

regards
G

[fluffystuff]

Re: Streetwise Thread - Tax Posts

Don't worry you merry band of co-conspirators, I have conceded to your wishes. You have picked your arguments and I have made the site owner aware of material which has been appearing in my personal e-mail over a period of time with more yet to go. It is absolutely clear that a fight was being picked. Well I do not have the time for it or you frankly. At conspiracy people you are mere amateurs.

regards
G

Who exactly is this post aimed at Garlok?

It really is rather inflammatory, such a shame you are reacting this way.