EBTs – HMRC loses Rangers (Murray) appeal
The Upper Tier Tribunal has upheld the decision of the majority in the First Tier Tribunal case of Murray Group Holdings and others (including the former Rangers Football Club).
EBT settlements- 31 October registration deadline for transitional relief on investment income
Fri 30 Sep 2016
As part of the Government’s settlement strategy for EBTs, transitional relief is available to EBT beneficiaries where the EBT liabilities are settled by the employer within certain time limits.
The end date of transitional relief has been extended from 30 November 2016 to 31 March 2017 but taxpayers wishing to use it must register with HMRC by 31 October 2016.
The effect of transitional relief is that a beneficiary who receives a distribution representing investment income received by the EBT will only be taxed on that income as trust income.
Without transitional relief the investment income element of any payment to a beneficiary would be taxable as both employment income and trust income.
Transitional relief will only be granted if the EBT liabilities are settled by 31 March 2017.
Mazars can assist with the settlement of EBTs. Please contact Zoe Peck, Tax Director: zoe.peck@mazars.co.uk
The Upper Tier Tribunal has upheld the decision of the majority in the First Tier Tribunal case of Murray Group Holdings and others (including the former Rangers Football Club).
The LDF was launched back in 2009 as a means of encouraging taxpayers to disclose previously undisclosed tax liabilities on favourable terms. The LDF runs until 5 April 2016. On 14th August the Liechtenstein Government and HMRC signed the fourth declaration concerning the memorandum of understanding (MOU) between Liechtenstein and the UK on tax cooperation.
Four years after it was established, the general anti-abuse rule (GAAR) Advisory Panel has published its first opinion notice. The opinion notice contains a firm, and entirely predictable, rejection of a scheme that sought to eliminate income tax and NIC liabilities on employee rewards through a series of artificial transactions whose sole purpose was to […]
The long-running saga that is the Tax Case involving Rangers FC’s use of an Employee Benefit Trust has been given yet another lease of life when, this week, the liquidator BDO who represents Rangers was granted permission to appeal the decision given by the Court of Session to the Supreme Court. The case has already […]
Over the last month or so we have received many queries regarding the Disguised Remuneration Loan Charge and the options available in particular to avoid the Loan Charge. As the deadline for when the Loan Charge applies edges ever closer, individuals have been contacted by promoters offering solutions that are said to avoid the Loan […]
As part of the Government’s settlement strategy for EBTs transitional relief is available to EBT beneficiaries where the EBT liabilities are settled by the employer within certain time limits. The end date of transitional relief has been extended from 30 November 2016 to 31 March 2017 (see Report Stage amendment to clause 18, Finance Bill […]
HM Revenue & Customs (HMRC) have started the process of issuing Accelerated Payment Notices (APN) to users of DOTAS schemes following legislation introduced in the Finance Act 2014 on 17 July 2014. HMRC have previously published a lengthy list of Disclosable Tax Avoidance (“DOTAS”) schemes which they will be issuing APN’s to. HMRC have begun […]
HM Revenue & Customs (HMRC) have updated their lengthy list of avoidance schemes whose users may be issued with an Accelerated Payments Notice (APN) under legislation introduced in the Finance Act 2014 on 17 July 2014. The list contains 1,200 schemes and is a working list of Disclosable Tax Schemes (DOTAS) whose users may be […]
3rd July 2015 is National Employee Ownership Day in the UK. The purpose of EO Day is to highlight the benefits of employee ownership to business, whether this is direct ownership, using share plans, or indirect ownership using an employee ownership trust and following the well known John Lewis model; or a hybrid approach using a […]
On 4 November 2015 the Court of Session upheld HMRC’s appeal against the tax tribunals’ decisions that payments made into trusts for the benefit of executives and players of Glasgow Rangers Football Club were not taxable as income and subject to PAYE. The essence of the judgment is that the employee benefit trusts (EBTs) created […]
Following the introduction, in 2011, of anti-avoidance legislation to curb tax avoidance in the form of Disguised Remuneration, HM Revenue and Customs (HMRC) have increasingly sought to legislate and litigate against remuneration arrangements which seek to minimise tax liabilities. The 2015 Autumn Statement again paves the way for more anti-avoidance legislation that, when introduced, could […]
The government proposes to introduce a tax charge on loans from Employee Benefits Trust – potentially putting an end to a popular tax avoidance mechanism that has been used by many employers – including the famous Rangers case. There can be few readers of tax related news who will not be familiar with the Rangers […]
How much is an employee entitled to receive from an employee benefit trust (EBT) when the employer has settled the PAYE, NIC and interest liabilities with HMRC? That was the subject matter of Shah v Insafe International Ltd. and Bullock ([2016] EWHC 1036 (Ch)). Insafe created EBTs and sub-trusts to reward its main director and […]
On 20 July 2016 HMRC published ‘Spotlight 31: change of date for withdrawal of transitional relief on investment growth’. This states that the date for the date for withdrawal of transitional relief on investment growth currently available under paragraph 59(1)(f)(ii) of Schedule 2 to Finance Act 2011 (Para 59) is being extended from 30 November […]
As HMRC launch a new initiative what does this latest campaign mean for football clubs? What is the background to this news and how can employers prepare for a visit from HMRC? How will the football compliance project be delivered? HMRC football compliance project The UK tax authorities have a long history of paying close […]
The Autumn Statement has confirmed that the proposed changes to the so called Disguised Remuneration (DR) rules which according to some commentators tax non-existent income retrospectively will go ahead along the lines proposed in the August Consultative Document. The Government introduced in 2011 the Disguised Remuneration (DR) rules which categorised loans made by Employee Benefit […]
We reported earlier this year on how to take advantage of the final opportunity in settling any liabilities arising from various forms of historic tax planning which HM Revenue and Customs (HMRC) badges under the disguised remuneration banner. We also noted the risks associated in not doing so. We explained one of these risks, the […]
The Supreme Court has unanimously agreed with the Scottish Court of Session that amounts paid by Rangers Football Club (RFC) to an employees’ remuneration trust were amounts paid at the direction of the employee. As a result the amount was liable to income tax and due under the PAYE regulations at the time it was […]
When a UK taxpayer receives an Assessment or Determination or Penalty Notice from HMRC, typically their adviser will encourage them to appeal on the grounds that “You’ve got nothing to lose by appealing”. Unfortunately, in some instances, that can be wrong, as has been recently demonstrated by the Upper Tribunal decision in the case of […]
The General Anti-Abuse Rule (GAAR) Advisory Panel has released an opinion relating to purchase of gold bullion and Employee Benefit Trusts (EBT). In a unanimous Opinion, the panel has found that “the tax arrangements [which sought to get around paying income tax and National Insurance contributions] are not a reasonable course of action in relation […]
Following HM Revenue & Customs (HMRC) success against Rangers Football club (RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) (Appellant) v Advocate General for Scotland (Respondent) (Scotland) [2017]UKSC 45) use of Employee Benefit Trusts (EBT), HMRC is to offer a further, and final settlement opportunity for those who have participated in these […]
If you’re a trustee, especially if you’re the main, or ‘lead’ trustee you need to be sure that your trust is properly registered with HMRC through their Trusts Registration Service (TRS) by 5 January 2018 (a late change from the previously deferred deadline of 5 December 2017) otherwise you and your fellow trustees could face […]
On 13 September 2017 the First-tier Tribunal released its decision in a case involving an Employee Benefit Trust (EBT). Specifically the planning used by the taxpayers in this case was the “EBT Pro strategy”, but the decision equally applies to other Premier Strategies planning, as confirmed by EDF themselves in an update we have seen to […]
The series of relaxations in the deadline for registering trusts online through HMRC’s Trust Registration Service, or TRS, may appear to carry the hallmarks of a bad TV drama script but for trustees there are still risks if they fail to register with HMRC by one of the three possible deadlines: while others may rush […]
Following the Supreme Court’s decision in the Rangers Football Club Employee Benefit Trust (“EBT”) case last year. HMRC is sending Follower Notices to companies with EBTs, users of Employer Financed Retirement Benefit Schemes (EFRBS) and other (what HMRC terms) similar Disguised Remuneration schemes using loans. I have not been sent a Follower Notice, will I? […]
If you have used remuneration tax planning involving loans (after 6 April 1999) and choose not to settle with HMRC using the current disguised remuneration settlement opportunity, then any outstanding loans as at 5 April 2019 will be subject to PAYE and NIC (with a few limited exceptions) under legislation enacted in the Finance (No […]
In its pursuit of stamping out tax avoidance HMRC complained to the Advertising Standards Authority (ASA) about misleading tax claims by the promoter, CDP Tax & Wealth Limited, which trades under the name Fiducia Wealth and Tax (FWT). FWT’s website advertised a tax planning scheme which it said could reduce Stamp Duty Land Tax bills […]
The expectation that HMRC would use the Supreme Court’s decision in the Rangers Case as the basis of issuing Follower Notices and Accelerated Payment Notices has now become a reality. As set out in our previous blog HMRC is required to issue a Follower Notice by 4 July 2018 and many taxpayers are receiving warning […]
National Employee Ownership Day – 2014 is the best year yet! Whilst we might all first associate 4th July with US Independence Day (and we certainly send our celebratory good wishes to our colleagues at Weiser Mazars in New York and to all our clients and contacts in the US) it is also National Employee […]
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