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Disguised Remunerationa and the Loan Charge: The taxation of income paid through a third party


ISBN13: 9781912386352
Published: September 2020
Publisher: Claritax Books
Country of Publication: UK
Format: Paperback
Price: £85.00



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This work explains the practical application of a body of tax legislation that was first enacted in 2011, and that has been amended or re-enacted in most subsequent years. This work is aimed squarely at professional advisers.

The legislation has had a devastating impact on many of the more than 50,000 participators in the schemes, who have ended up much worse off than if they had never entered into the scheme in the first place, even though in reality they often had no choice but to do so if they wanted to accept the remunerative work on offer.

Although formally headed "Employment income provided through third parties", the scope is in reality much wider and can give rise to charges to tax and NIC even if no employment income is received by the employee. The charge also extends to close company directors and even to self-employed contractors. The House of Lords described the legislation as "extremely complex and beyond the scope of most business people to decide whether or not it applies to them". This work is aimed squarely at professional advisers and aims to bring clarity to what Keith Gordon describes in the foreword as a clear contender for the worst legislation ever enacted.

Covers:

  • background to, scope of, and application of the disguised remuneration rules
  • year-by-year development of the legislation since 2011
  • calculation of charges on employees and traders
  • exclusions from those charges
  • avoiding the traps
  • background to, and application of, the 2019 loan charge
  • knock-on effect of that levy

Subjects:
Taxation
Contents:
PART 1 – THE DISGUISED REMUNERATION RULES
1. Introduction and background
2. The “main case”
3. Relevant steps
4. The “close companies” case
5. Exclusions from a DR charge
6. Other pension-related exclusions
7. Other exclusions
8. The charge to income tax imposed by the DR rules
9. Death
10. Reliefs against double taxation
11. Disguised trading income of the self-employed
12. Employer undertakings in relation to retirement benefits
13. Restrictions on income tax and corporation tax reliefs
14. Liabilities to inheritance tax in relation to the use of trusts in DR arrangements
PART 2 – THE 2019 LOAN CHARGE AND ITS AFTERMATH
15. The 2019 loan charge
16. After the loan charge
PART 3 – HMRC POWERS TO CURB DR SCHEMES
17. Other actions by HMRC in response to DR schemes
APPENDICES
Appendix 1 – Other relevant material
Appendix 2 – The disguised remuneration repayment scheme 2020
Table of primary legislation
Table of statutory instruments
Index of cases
General index

Series: Claritax Books

Family Investment Companies: Tax Planning and Compliance ISBN 9781917167130
To be published April 2025
Claritax Books
£115.00
Construction Industry Scheme: Guidance and Commentary 4th ed ISBN 9781917167116
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£85.00
Schedule 36 Notices: HMRC information requests 3rd ed ISBN 9781917167123
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Furnished Holiday Lettings: A Tax Guide 5th ed ISBN 9781912386840
Published September 2024
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£80.00
Research and Development: with Patent Box 4th ed ISBN 9781917167062
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£85.00
Employment Status: A Tax Guide 5th ed ISBN 9781912386741
Published July 2024
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£95.00
Cryptocurrency and Other Digital Assets: Tax Law and Practice 2nd ed ISBN 9781912386901
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Claritax Books
£85.00
£85.00
Residence: The Definition in Practice 5th ed ISBN 9781917167079
Published May 2024
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£80.00
Taxpayer Safeguards: Rights and Protections for Individuals 3rd ed ISBN 9781912386970
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Claritax Books
£90.00
Employee Share Schemes: Equity Reward for Private Companies 3rd ed ISBN 9781912386956
Published April 2024
Claritax Books
£90.00
Tax Appeals: Law and Practice at the FTT 6th ed ISBN 9781912386925
Published February 2024
Claritax Books
£90.00
Main Residence Relief 4th ed ISBN 9781912386833
Published January 2024
Claritax Books
£85.00
Discovery Assessments: How to Challenge Them 4th ed ISBN 9781912386918
Published November 2023
Claritax Books
£90.00
Research and Development: with Patent Box 3rd ed ISBN 9781912386505
Published May 2023
Claritax Books
Out of print
Taxation of Partnerships 2nd ed ISBN 9781912386567
Published October 2022
Claritax Books
£85.00
Schedule 36 Notices: HMRC information requests 2nd ed ISBN 9781912386727
Published October 2022
Claritax Books
Out of print
Cryptocurrency and Other Digital Assets: Tax Law and Practice ISBN 9781912386536
Published September 2022
Claritax Books
Out of print
Employee Share Schemes: Equity Reward for Private Companies 2nd ed ISBN 9781912386208
Published July 2022
Claritax Books
Out of print
Tax Appeals: Law and Practice at the FTT 5th ed ISBN 9781912386604
Published February 2022
Claritax Books
Out of print
Taxpayer Safeguards: Rights and Protections for Individuals 2nd ed ISBN 9781912386512
Published February 2022
Claritax Books
Out of print
Discovery Assessments: How to Challenge Them 3rd ed ISBN 9781912386598
Published January 2022
Claritax Books
Out of print
Construction Industry Scheme: Guidance and Commentary 3rd ed ISBN 9781912386451
Published November 2021
Claritax Books
Out of print
Personal Representatives: A Guide for Tax Practitioners 2nd ed ISBN 9781912386413
Published August 2021
Claritax Books
£85.00
Schedule 36 Notices: HMRC information requests ISBN 9781912386499
Published July 2021
Claritax Books
Out of print
Capital Allowances 2021-22 ISBN 9781912386376
Published May 2021
Claritax Books
Out of print
Inheritance Tax: Lifetime Transfers and the Death Estate ISBN 9781912386345
Published October 2020
Claritax Books
Out of print
Furnished Holiday Lettings: A Tax Guide 4th ed ISBN 9781912386222
Published June 2020
Claritax Books
Out of print
Taxation of Partnerships ISBN 9781912386314
Published June 2020
Claritax Books
Out of print
Main Residence Relief 3rd ed ISBN 9781912386239
Published April 2020
Claritax Books
Out of print
Living and Working Abroad ISBN 9781912386260
Published February 2020
Claritax Books
£50.00
A-Z of Plant & Machinery 2019-20 ISBN 9781912386215
Published May 2019
Claritax Books
Out of print
Research and Development: With Patent Box 2nd ed ISBN 9781908545756
Published April 2019
Claritax Books
Out of print
Out of print
Managing Risk: A Guide for Accountants and Tax Advisers ISBN 9781912386130
Published February 2019
Claritax Books
Out of print
Employment Status: A Tax Guide 4th ed ISBN 9781912386024
Published January 2019
Claritax Books
Out of print
Employee Share Schemes: Equity Reward for Private Companies ISBN 9781912386031
Published July 2018
Claritax Books
Out of print
Financial Planning with Trusts 2018-19 ISBN 9781912386109
Published July 2018
Claritax Books
Out of print
A-Z of Plant & Machinery 2018-19 ISBN 9781912386062
Published July 2018
Claritax Books
Out of print
Out of print
VAT Registration: Unravelling the Complexities 2nd ed ISBN 9781912386000
Published February 2018
Claritax Books
£60.00
Residence: The Definition in Practice 3rd ed ISBN 9781908545817
Published January 2016
Claritax Books
Out of print
Research and Development: Maximising the Tax Relief ISBN 9781908545619
Published December 2014
Claritax Books
Out of print
PAYE: A Practical Guide 2012-13 ISBN 9781908545176
Published October 2012
Claritax Books
Out of print
Capital Allowances for Fixtures: 2012-13 ISBN 9781908545152
Published April 2012
Claritax Books
Out of print