Apr. 17 2024
Source Page: Immigration Rules archive: 11 March 2024 to 3 April 2024Found: 'Invested’ or ‘spent' excludes spending on: (1) the applicant’s own remuneration, (2) buying
Apr. 16 2024
Source Page: THE COMMISSIONERS FOR HIS MAJESTY’ S REVENUE AND CUSTOMS v MARLBOROUGH DP LIMITED [2024] UKUT 00098 (TCC) (Final Principal decision)Found: (1) On 4 September 2007, Dr Thomas was sent various documents from BW regarding “Remuneration Trust
Apr. 12 2024
Source Page: Immigration Rules archive: 10 April 2024 to 10 April 2024Found: 'Invested’ or ‘spent' excludes spending on: (1) the applicant’s own remuneration, (2) buying
Apr. 12 2024
Source Page: Immigration Rules archive: 10 April 2024 to 10 April 2024Found: 'Invested’ or ‘spent' excludes spending on: (1) the applicant’s own remuneration, (2) buying
Apr. 12 2024
Source Page: Immigration Rules archive: 4 April 2024 to 9 April 2024Found: 'Invested’ or ‘spent' excludes spending on: (1) the applicant’s own remuneration, (2) buying
Asked by: Daisy Cooper (Liberal Democrat - St Albans)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, pursuant to the Answer of 12 March 2024 to Question 17136 on Tax Avoidance, whether it is HMRC’s policy to seek to recover tax due for liabilities incurred before December 2010, where a taxpayer has not received correspondence relating to an open compliance check for longer than 12 months.
Answered by Nigel Huddleston - Financial Secretary (HM Treasury)
In the 2019 Independent Loan Charge Review, Lord Morse recommended that the Loan Charge should only apply to loans made on or after 9 December 2010. The Government accepted this recommendation.
However, Lord Morse was also clear that, for years before this date, where there is an open enquiry or assessment under appeal HM Revenue and Customs (HMRC) should still have the ability to pursue the tax due under the existing rules. HMRC has proceeded on this basis.
HMRC continues to work with and support taxpayers to resolve all outstanding enquiries and assessments relating to their use of disguised remuneration (DR) loans, in accordance with their published DR settlement terms and HMRC’s Litigation and Settlement Strategy
As part of its overall compliance processes and its commitment to update taxpayers at least annually, all of these taxpayers should have received correspondence from HMRC in the last 12 months.
Correspondence Mar. 19 2024
Committee: Treasury Committee (Department: HM Treasury)Found: Letter from Jim Harra, HM Revenue & Customs, to the Chair relating to Disguised Remuneration Tax Avoidance
Correspondence Mar. 19 2024
Committee: Treasury Committee (Department: HM Treasury)Found: Letter from the Chair to Jim Harra, HM Revenue & Customs, relating to Disguised Remuneration Tax Avoidance
Mar. 13 2024
Source Page: Immigration Rules archive: 22 February 2024 to 10 March 2024Found: 'Invested’ or ‘spent' excludes spending on: (1) the applicant’s own remuneration, (2) buying
Asked by: Sammy Wilson (Democratic Unionist Party - East Antrim)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, how many section 684 notices were issued by HMRC in each of the last five years.
Answered by Nigel Huddleston - Financial Secretary (HM Treasury)
In the context of Disguised Remuneration (DR), HM Revenue and Customs (HMRC) has in some circumstances used the power provided under s.684(7A)(b) of the Income Tax (Earnings and Pensions) Act 2003 (the Discretion) to collect the tax owed; and since 2022, HMRC has issued around 2,700 decisions using the Discretion.
In his independent review, Lord Morse recommended that the Loan Charge should no longer apply to loans made before 9 December 2010. However, Lord Morse said “HMRC should continue being able to settle and investigate cases prior to this point under their normal powers where they have appropriate grounds, and a legal basis, to do so”.
In line with this recommendation, HMRC is still seeking to recover the tax due where it had taken the necessary steps in the past to ensure there is an open tax enquiry or assessment which gives it the legal basis to do so.
In May 2022, the Court of Appeal said that HMRC could consider using the Discretion to collect tax directly from the individual who received income through a DR scheme.