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Employee Benefit Trusts and other ‘disguised remuneration’ schemes – HMRC new terms of settlement issued and embargo lifted

Following on from our four part series discussing the April 2019 loan charge (which you will find here), we are now able to discuss the recently issued settlement terms available to users of Employee Benefit Trusts and other ‘disguised remuneration’ schemes.

As we highlighted in that recent series of blogs, following their success in the Murray Group Holdings (Rangers Football Club) EBT case, HMRC recently enforced an embargo on settlements, bringing all settlements in progress to an immediate halt at the beginning of October. The embargo was, we understand, to allow HMRC to review the settlement terms available to all disguised remuneration cases, to ensure they fell in line with the findings in Murray. Regardless of how progressed they were, no settlements were allowed to complete. Read more

Part 7A Loan Charge – How will April 2019 affect your clients? – Part Four: Early Settlement Continued

Part 4 of 4 – Should early settlement with HMRC now be considered? – continued


In this article, which is the conclusion to this series of short articles on the Part 7A Loan Charge which you can read here, we had hoped to be able to discuss details of the new HMRC settlement terms and to provide some comparison on how these differ from those previously offered before the sudden HMRC embargo.

However, at time of drafting this article, we still await release of the details of the new terms from HMRC which, after 6 weeks from their announcement is disappointing. Whilst due to the uncertainty created by this action, clients who were already in the process of settling, but did not manage to complete before the embargo, are necessarily concerned that they may be disadvantaged. We should perhaps not be surprised by the delays given HMRC believe there are around 80,000 scheme users who they acknowledge may not all be directly affected by Murray and so we assume a process of segregation is in progress. Read more

Part 7A Loan Charge – How will April 2019 affect your clients? – Part Three: Early Settlement

Part 3 of 4 – Should early settlement with HMRC now be considered?


In this week’s article, given the content of the previous two parts of this article which can be read here, and in the light of the decision for HMRC at the Supreme Court against Murray Group Holdings, we look at whether settling with HMRC should now be considered by clients who expect to receive an April 2019 loan charge.

We understand that HMRC are in the process of deciding how to apply the Murray Group Holdings case and we assume we shall find out shortly. However, it seems highly likely that Follower Notices will be issued to participants of most EBT/EFRBS arrangements (irrespective of any factual differences between the arrangements) and, even if there were differences, would anyone be willing, or rich enough, to risk a 50% penalty by challenging them. Read more

Part 7A Loan Charge – How will April 2019 affect your clients? – Part Two: Examples

Part 2 of 4 – Examples


Following on from Part One of this series of articles which can be read here, we look this week at some examples of how the legislation might be applied in practice.
Experience tells us that legislation is almost always more easily understood when looking through some examples of how the particular legislation is actually or could be applied in practice. What we endeavour to do in in this article is to present some scenarios that are likely to be common and could affect most companies and their employees who have participated in EBTs, EFRBS, and/or other such employee reward structures that might now fall within the Part 7A charge and be caught by the April 2019 charge. Read more

Part 7A Loan Charge – How will April 2019 affect your clients? – Part One

Part 1 of 4 – Background and The Charge


We have all known for some time now that come April 2019 most loans from a disguised remuneration’ structure or scheme, not repaid by this date, will become chargeable to tax. The charge to tax will be issued in the first instance to the employer, with whom the responsibility to deduct the PAYE lies, but, HMRC are also currently working on new rules which will allow them to pass any unpaid charge over to the individuals who benefitted if the employer is not able to pay or the employing company is no longer in existence. Read more

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