Tax Avoidance

(asked on 26th February 2019) - View Source

Question to the HM Treasury:

To ask the Chancellor of the Exchequer, pursuant to the answer of 18 February 2019 to Question 221022 on Tax Avoidance, whether it has always been HMRC's policy that nobody would be forced to sell their main home to pay for their Disguised Remuneration debt.


Answered by
Mel Stride Portrait
Mel Stride
Secretary of State for Work and Pensions
This question was answered on 4th March 2019

As advised by HMRC officials at the Treasury Select Committee on 30 January 2019 it is not HMRC’s policy to force the sale of a main residence in relation to a Disguised Remuneration (DR) debt, or the loan charge.

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 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.

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