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

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

  • 作者:
  • 出版商: Claritax Books
  • ISBN: 9781912386352
  • 出版时间 September 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    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
  • 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

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