Fight Unjust Government Retrospective Laws - Before They Impact You

by Gaynor Macaulay

Fight Unjust Government Retrospective Laws - Before They Impact You

by Gaynor Macaulay
Gaynor Macaulay
Case Owner
The government is breaching the rule of law in the Finance Act 2017 by depriving some taxpayers of normal legislative protections, the right of appeal and certainty in their tax affairs.
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Gaynor Macaulay
Case Owner
The government is breaching the rule of law in the Finance Act 2017 by depriving some taxpayers of normal legislative protections, the right of appeal and certainty in their tax affairs.
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We are a group of citizens that are demanding tax justice for all.

We have broken no laws. We have done nothing wrong. But we are now required to pay thousands in back taxes we were never told we had to pay in the first place. 

Through no fault of our own, as a result of an arbitrary rule change by HMRC we, and thousands like us, owe tens of thousands in back taxes we knew nothing about. Until now.

Ordinary hardworking people and their families are being made to pay the retrospective Loan Charge 2019 on LEGAL tax arrangements that go back 20 years, part of a potential raft of retrospective tax charges to be released on an unsuspecting public with no right of appeal or the ability to challenge in a court.


The judicial review will fight unfair retrospective tax legislation. We need your help! Please contribute anything you can to our legal fund. Share this page with your friends, family and on social media.


LAWS SHOULD BE PROSPECTIVE

People will always come together when they see injustice. So when the government breaches the rule of law by bringing in retrospective tax legislation that goes back 20 years, we rightly call it unjust and unfair.

You may not think this affects you but the truth is;

 IT AFFECTS US ALL

As a democratic society, the rule of law gives us the right to have finality and certainty in legally binding matters. Upholding this important principle is fundamental to our rights and protections as citizens.

A taxpayer is entitled to know with certainty – be it an individual or a multinational corporation – what he may or may not do in planning his tax affairs. He is entitled to expect that his treatment be laid down in statute, not determined by administrative fiat; he is entitled to expect that another taxpayer in similar circumstances will receive treatment similar to his; and he is entitled to be protected from retrospective or retroactive legislation.“ Philip Hammond 7th June 2005

Let's be clear, HMRC have a duty to collect taxes for the civic good of society, but they must do so within the rule of law, treating ALL taxpayers fairly which means preserving their rights to the normal legislative protections and the provision of certainty in their tax affairs.

Why is the retrospective loan charge so unfair? 

Imagine for the last 20 years you drive the legal speed limit of 50 MPH on the local high road. Then, out of the blue, you receive a massive speeding fine. The local authority has introduced a new law stating the speed limit was actually 40 MPH. What is more, according to this law, fines are due on every occasion in the last 20 years where a speed camera recorded you doing over 40 MPH. You must pay the fines as a single sum within 30 days and have no right of appeal.  

Would you call this law retrospective?

Think it can't happen?

Think again, because it has ALREADY!

Ray McCann of the Chartered Institute of Taxation expressed reservations over the charge, mainly because it is unprecedented legislation, saying the retrospective effect displaces all the protections that taxpayers are given by parliament in terms of getting certainty for their affairs in the past. Even an individual who has disclosed their loan arrangement to HMRC will still be caught in April for quite an extensive period back.

LET THIS STAND AND YOU COULD BE NEXT….

“I am dreading telling my wife. I don’t want to do this to her and the kids, there is no way I can pay off £100k loan charge without selling the house or going bankrupt no matter what the time to pay terms.” Contractor in oil and gas industry


"I worked as a nurse through an agency recommended by my employer to sort my tax and NI. Then I got this letter saying I would need to pay the Loan Charge for the all the years I have been an agency nurse. I cried, I am so scared, I did nothing wrong, I thought I was doing everything right. I don''t know what to do." Nurse who works flexible hours


“Suicide, divorce and bankruptcy are all human tragedies.  But HMRC will not be moved because, in their eyes, everyone affected has ceased to be entitled to be treated as a real person.” Keith Gordon, Tax Barrister,  Temple Tax Chambers

"I spoke to somebody at a conference who had the same accountant's advice to use an Employee Benefit Trust as a legal tax planning arrangement.  I mentioned the Loan Charge but he had never heard of it. I felt sick for him. He overheard me say I'd have  to sell my house to cover the retrospective tax bill and he asked why. He googled it in front of me. His tax bill will be higher than mine, I felt terrible.” Franchise owner, one of several recommended tax planning scheme by same accountancy firm

Why are we seeking additional funding?

Given the Government and HMRC are looking to remove taxpayers rights our only choice to stop this retrospective legislation is via the legal system. Therefore, we are raising funds to progress this legal challenge. 


Choose today to safeguard your legal rights, every small amount helps.


Thank you so much for your support.

 


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