Question to the HM Treasury:

To ask the Chancellor of the Exchequer, if he will make it his policy to delay the loan charge settlement day until after the conclusion of the review of that charge.

The Government chose to accept section 95 during the passage of the Finance Bill introduced by a cross party group. As set out by section 95, the Government will lay a report no later than 30 March 2019. The report will review the effect of changes made to the time limits for assessment where tax loss arises in relation to offshore tax, and compare these with other legislation including the charge on disguised remuneration loans.

The charge on disguised remuneration loans remains unchanged as a result of the requirement for a report, and will apply to disguised remuneration loan balances on 5 April 2019.

The charge on disguised remuneration (DR) loans will apply to outstanding DR loan balances on 5 April 2019. It is targeted at artificial tax avoidance schemes where earnings were paid in the form of non-repayable loans made by a third party. The loans are provided on terms that mean they are not repaid in practice, so they are no different to normal income and are, and always have been, taxable.

The Government estimates that up to 50,000 individuals will be affected by the 2019 loan charge. Information is not held at constituency, borough or regional level.

Since the announcement of the 2019 loan charge at Budget 2016, HMRC has now agreed settlements on disguised remuneration schemes with employers and individuals totalling over £1 billion. Pay As You Earn (PAYE) liabilities fall on the employer in the first instance. The charge on DR loans does not change this principle and the employee will only be liable where the amount cannot reasonably be collected from the employer, such as where the employer is offshore or no longer exists. Around 85% of the settlement yield since 2016 is from employers, with less than 15% from individuals. HMRC will never force somebody to sell their main home to pay for their DR debt, or the loan charge.

HMRC is working hard to help individuals get out of avoidance for good and offer manageable and sustainable payment plans wherever possible. It carefully considers each case and there is no maximum limit on how long a customer can be given to pay what they owe. HMRC considers a customer’s ability to pay on a case by case basis and decisions are based on each individual’s personal circumstances.

HMRC has simplified the process for those who want to settle their use of DR schemes before the loan charge arises. DR scheme users who currently have an income of less than £50,000 and are no longer engaging in tax avoidance can automatically agree a payment plan of up to five years without the need to give HMRC detailed information about their income and assets. This arrangement has been extended to 7 years for scheme users who have an income of less than £30,000.

Anybody who is worried about being able to pay what they owe should get in touch with HMRC as soon as possible. They have a number of ways to help those who are genuinely unable to make a full payment of tax on time, for example, by arranging payments by instalments.