income from illegal actives part of IVA

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martinw

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Post by martinw » Sun Dec 15, 2013 6:53 pm
another Martin's hypothetical question (Melanie said she liked em,lol)

I remember hearing that even money obtained illegally (say by drug dealing) is still taxable, but how does this fit in an IVA.Also how about illegal asserts if I declared I had 10K of drugs who would sell these for benefit of creditors

Martin
 
 

MelanieGiles

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Post by MelanieGiles » Mon Dec 16, 2013 1:10 am
Any reputable IP would not touch such case with a bargepole, and would make a report to the appropriate authorities under the Money Laundering regulations. Please don't ask Martin - as I wont be able to say any more on this topic.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Foggy

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Post by Foggy » Mon Dec 16, 2013 10:37 am
Such monies ( if the source is proven) would more likely to be seized than taxed.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

ClareSilver

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Post by ClareSilver » Mon Dec 16, 2013 1:35 pm
I'm sure SOCA would have a field day with this sort of scenario!
 
 

martinw

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Post by martinw » Mon Dec 16, 2013 7:29 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy

Such monies ( if the source is proven) would more likely to be seized than taxed.
I'd have thought Osborne n co would tax then seize, then chase for the tax bill

Martin
 
 

martinw

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Post by martinw » Mon Dec 16, 2013 7:34 pm
There was a panorama(or similar) on a couple of months ago, it would seem that they aren't actually that good at seizing (in quite a few cases the legal bill is already more than the proceeds of crime).

Martin
 
 

Foggy

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Post by Foggy » Mon Dec 16, 2013 7:59 pm
This is true, Martin. English law is so clumsy and convoluted, it is unbelievable!

The problem ( which is also, perversely, a bonus) is the way our laws are made then interpreted. Here, when we change a law we don't, as many other countries do, just scrap the whole thing and start again. We tack on amendments here and there, which causes a ripple effect.

Then we base many judgements and interpretation upon case law and precedent.

We also have two concepts to bear in mind: the "letter of the law" ( what it says) and the "spirit of the law" ( what we think it really means).
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

martinw

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Post by martinw » Mon Dec 16, 2013 8:04 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy

This is true, Martin. English law is so clumsy and convoluted, it is unbelievable!

The problem ( which is also, perversely, a bonus) is the way our laws are made then interpreted. Here, when we change a law we don't, as many other countries do, just scrap the whole thing and start again. We tack on amendments here and there, which causes a ripple effect.

Then we base many judgements and interpretation upon case law and precedent.

We also have two concepts to bear in mind: the "letter of the law" ( what it says) and the "spirit of the law" ( what we think it really means).
I remember when I was growing up this appearing in the papers quote from a judge 'the law must say what it means and mean what it says'. In this case it was a toll that the law said the vehicle must pay (which is somewhat difficult)

Martin
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