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WHAT IS THE 2019 LOAN CHARGE?

Employers, HMRC, Tax

This is a tax charge on any outstanding loans that exist as a result of a disguised remuneration tax avoidance scheme. It applies to any loans that were taken out under a disguised remuneration scheme since 6 April 1999. The most common schemes were Employee Funded Retirement Benefit Schemes (EFRBS) and Employee Benefit Trusts (EBT). […]

OPTIONS BEING CONSIDERED FOR THE PRIVATE SECTOR

Blog, Employers, HMRC, Tax

As well as the possible extension of the rules that currently apply to the public sector, the consultation is requesting views on other options. One alternative would be to require engagers to carry out due diligence into labour providers in their supply chain to ensure that they are compliant with employment and tax laws. This […]

IS IT WORKING IN THE PUBLIC SECTOR?

Blog, Budget 2017, Employers, Money Matters

In April 2017, the Government reformed the rules for engagements in the public sector, and early indications are that this has resulted in an increase in public sector compliance. The April 2017 change requires the public sector body or agency, not the worker, to decide whether or not the IR35 rules apply and then deduct […]

OFF-PAYROLL RULES (IR35) TO BE EXTENDED TO PRIVATE SECTOR WORKERS?

Blog, Employers, HMRC

As mentioned in the Autumn Budget, the Government has opened a consultation into a possible extension of the rules that currently apply to “off-payroll” workers in the public sector to the private sector. This consultation is being undertaken at the same time as the consultation into employment status. The IR35 rules introduced in 2000 are […]

FORM P11Ds TO INCLUDE BENEFITS PROVIDED BY SALARY SACRIFICE

Employers

Employers need to report all Benefits in Kind (BiKs), including those under the Optional Remuneration Arrangements (OpRAs) or “salary sacrifice” arrangements, to HMRC on form P11D from 6 April 2018, unless they are registered to voluntarily payroll benefits. OpRAs are where an employee gives up the right to an amount of earnings in return for […]

TAX ADVANTAGE OF EMI SHARE OPTION SCHEMES LAPSES

Employers, Tax

HMRC have advised companies to consider delaying the grant of Enterprise Management Incentive (“EMI”) share options until fresh State Aid approval has been granted by the EU. As the UK Government were late in applying for an extension (12 months’ notice is required) the existing approval expired on 6 April 2018 and EMI share options […]

HMRC LOSE IR35 CASE

Employers, HMRC

In the February newsletter we reported the Tax Tribunal decision involving Christa Ackroyd Media Ltd, a company set up by a TV presenter to supply her services to the BBC, where it was held that the IR35 personal service company rules applied to the arrangements. In a recent case involving a night manager on a […]

CHANGES TO TERMINATION PAYMENTS

Employers

Care is always required when employees are made redundant or payments are made on the termination of employment. Not only are there employment law considerations, there are also important tax implications and this is an area where professional advice is strongly recommended to avoid unnecessary pitfalls. The tax treatment of these payments changed from 6 […]

BBC PRESENTER LOSES LANDMARK IR35 CASE

Employers, Tax

The IR35 personal service company legislation has been on the statute book since 2000 and has never really worked as intended. The main reason for this is that the interpretation of the legislation is based on the same employment status tests referred to previously, which lack clarity and are open to interpretation by the courts. […]

ARE YOU SURE YOU OR YOUR WORKERS ARE SELF-EMPLOYED?

Employers

Last year we reported that the House of Commons Work and Pensions Committee published a report calling on the Government to close the loopholes that allow “bogus” self-employment practices, which burden the welfare state but reduce the tax contributions needed to sustain it. Most of the people working for organisations such as such as Uber, […]