back to article Contractors who used Employee Beneficiary Trusts are in HMRC's sights

The British Government closed a window of opportunity for tax-efficient folk about a year ago that was beneficial to, and widely used by, contractors: the Employee Beneficiary Trust. Only now, though, has HMRC begun chasing those who had employed this shelter. A demand for money on income generated five years ago dropped …

    1. Anonymous Coward
      Anonymous Coward

      @Ashley

      I heard about this scheme back when I was running my own company. I was really surprised that it was allowed in the first place!

      One of the downsides I saw about it at the time was that you have to keep the shell company in business, because if it was liquidated, the recipient of the loan would be considered a debtor. Even if the company was wound down gracefully, you would have to find some way of writing off the loan in an acceptable manner.

      Fighting this is risky. HMRC have the ability to bankrupt a UK company that doesn't pay money deemed to be owed. Under these circumstances, they could then chase the recipient of the loan for the money 'owed', something that gets them around the limited liability of a limited company. Presumably, this is why the scheme uses offshore companies, to make that more difficult.

      I am a contractor. A long time ago (relatively speaking), after a run in with HMRC over advanced corporation tax declarations - out of which I came out much worse off financially, I decided to pay myself in accordance with IR35. Over the years, it's 'cost' me thousands, but I feel that I can hold my head up when confronting 'permies' who tar all contractors with the same brush.

      I now work through an Umbrella company, because I got fed up running a company badly. That's de-risked me almost completely, although I am paying quite a heavy whack of tax and NI.

    2. gnasher729 Silver badge

      You forgot the biggest bummer. An interest free loan is certainly a benefit in kind, but only for the interest that isn't paid, and interest rates are quite low at the moment. So that would only attract a tiny amount of tax.

      But interest free loans have to be repaid! After five years, with no repayment of interest free loan in sight, HMRC is surely wondering why there is no repayment. And this makes the whole business a sham. The contract between contractor and employer is quite obviously not for real. If it was for real, the contractor would have to be the biggest idiot on earth to sign the deal - instead of billing say £60,000 plus cost a year and ending up with £10,000 tax, £36,000 or so paid out, and £14,000 profits left in the company for retirement, and all totally legitimate, this contractor chose to get £10,000 income a year, plus a £45,000 interest free loan. After eleven years, half a million pound in debt.

      Why aren't these contractors afraid of the company asking for the loan back? Because the contract is a sham.

  1. Anonymous Coward
    Anonymous Coward

    "The offshore company would provide the rest of the outstanding money (contract value) to the contractor as an interest-free loan."

    Have you repayed this loan?

    1. Anonymous Coward
      Anonymous Coward

      Re: Have you repayed this loan?

      How about

      "Have you any evidence to show there was ever a genuine intention to repay this loan?"

      Schemes like these are meant for corporate rich folk or folk with inherited wealth, whose financial teams and wealth management advisers can and do set up impenetrable networks of transnational transactions with medium term arrangements that might allegedly have plausible deniability if challenged.

      These schemes are not meant for oiks like contractors, self employed tradesmen, etc, not least because their purpose becomes blatantly obvious with no conceivable element of deniability. In reality it's obvious with the corporates and heritage rich too, but they have expensive lawyers and they have their personal representatives in or near Westminster.

      How did anybody ever seriously think the plebs would be allowed to get away with the same kind of thing?

  2. Stephen Horne

    Does closing the "loophole" mean the law was changed?

    Isn't there a human rights law that states that new laws cannot be applied to events that predate those laws? Possibly that's only criminal law - not sure.

    As much as I hate tax avoidance, the reason it's called avoidance and not evasion is because it's legal. And contractors have to be competitive in the market - paying more tax than everyone else means you need to earn more, putting yourself at a disadvantage.

    The loophole is closed. Irrespective of human rights, applying laws to events that predate those laws is IMO absurd and immoral.

    1. Doctor Syntax Silver badge

      "Isn't there a human rights law that states that new laws cannot be applied to events that predate those laws? Possibly that's only criminal law - not sure."

      ISTR that at some point the Labour government introduced legislation which allowed HMRC to move the goalposts on taxation retrospectively.

    2. Paul Shirley

      Avoidance usually involves interpreting the law in ways favourable to yourself (and HMRC does the same). Interpretations open to challenge and revision until a court picks one. This is retrospectively determining that law at the time was being broken, not retroactively changing law.

      What's unfair here is the heavy hand of HMRC applying it's revised interpretation quick&hard to grab the money before a court can disagree.

      That said this case looks like evasion rather than avoidance.

    3. Velv
      Boffin

      The law has not been changed. Like all laws the words rarely cover every eventuality (Rumsfelds "unknown unknowns"), so what happens is the words are reviewed by the courts and an interpretation given. These "schemes" are playing on technicalities in the wording and relying on the interpretation being avoidance and not evasion. They lost. As it says in the article, the employee was "technically" employed by the foreign company

  3. fruitoftheloon
    FAIL

    DIDDUMS....

    Oh dear, that didn't work out so well did it?

    If anyone seriously believed what their 'independent adviser' told them at the time, then they were an idiot, as clear as day the only purpose of this scam was to fiddle your tax. There is no rational argument whatsoever for the clearly false structure of the transactions...

    BTW I have been a contractor for ages (I had hair when I started), and have NO sympathy whatsover.

    My ha'pennies...

    1. Anonymous Coward
      Anonymous Coward

      Re: DIDDUMS....

      "If anyone seriously believed what their 'independent adviser' told them at the time"

      Quite.

      Anyone following the tax-dodging news in recent years will have noticed that a string of minor UK celebs and the like have had their fingers burnt as a consequence of following blatantly dodgy tax advice involving blatantly dodgy "investment" schemes.

      What may be less well known is that many of those who were ordered to repay tax owing haven't necessarily repaid much yet, whereas some have repaid in full.

      Sorry about the Daily Mail reference, but if even the Daily Mail and the Taxpayers Alliance think this kind of thing is out of order, even during times of austerity, a few contractors now regretting earlier dubious decisions stand no chance at all:

      http://www.dailymail.co.uk/news/article-3056149/Take-Fury-pop-stars-not-repaid-20million-unpaid-tax-year-ordered-to.html (April 2015, so relatively recent; earlier references also available)

      1. Tass1968

        Re: DIDDUMS....

        I was introduced to a QC whose documented opinion was that this was a perfectly legitimate scheme. I took soundings from other professionals who confirmed the same. HMRC have never objected in any of my clear tax returns.

        As to tax-dodging, in hindsight, I'm the first to admit that perhaps these schemes were a mistake. And yet if I add up the cost of scheme (in tax paid and scheme fees), then it equals no more/no less than the cost of tax to me as a contractor with a company 50:50 split with my wife. And that is the frustrating thing about this whole farrago - HMRC are acting like a schoolground bully without actually stopping to ascertain the individual facts about the users of the schemes. Personally I feel like a sardine in a feeding frenzy -

        1. dotasscandal
          Facepalm

          Re: DIDDUMS....

          You are far from alone in this situation. Google DOTAS SCANDAL.

        2. neil-t

          Re: DIDDUMS....

          You weren't tax dodging. You were tax mitigating. HMRC should have made it very clear to anyone using a DOTAS registered scheme that it would be challenged and the tax payer might end up owing tens of thousands. It's only with the Tory government's need to tackle the deficit aggressively that it's become less acceptable to engage in aggressive tax mitigation.

          1. Anonymous Coward
            Anonymous Coward

            Re: DIDDUMS....

            "You weren't tax dodging. You were tax mitigating."

            ?

            For those of us that have never had the opportunity or never wished to play this game, can you expand on the difference?

            I thought the relevant words in the UK (and maybe elsewhere) were

            "tax avoidance": tax reduction by means which appear to be within the law

            and

            "tax evasion": criminal non-payment of legally payable taxes.

            "Tax mitigation" is a new one on me. But I don't get out much.

            "Tax dodging", however, I would have thought was widely understood, even if not exactly clear in a legal sense.

        3. fruitoftheloon
          Pint

          @Tass1968 Re: DIDDUMS....

          Tass,

          I (genuinely) feel for your situation, having done your homework, methinks you being a tad grumpy about it all is not unreasonable at all.

          I forgot to mention in my original post that at the point when my IFA asked if I would be interested in such a scheme, my reply was 'yup, as long as you and your firm will indemnify me if the Inland Revenue change their mind at some point in the future about the legality of the scheme'.

          Funnily enough he wasn't THAT CONFIDENT...

          Either way, have one on me!

          Cheers,

          Jay.

  4. Anonymous Coward
    Anonymous Coward

    Again, you'll not like this...

    It is not the "contractor" who makes the laws. That's done by the folks we elect. And it's done with the interests of big business at heart. Otherwise the tax "laws" would be simple. "If you have money, then we'll tax you and we can look at all bank accounts, always.". It's not worded like that, to help the big boys. When the wee folks get involved then it's frowned upon as that's their club you're entering into. There is no moral angle here. None. This is business. That's how the world works. If you don't like that, scrap capitalism and think of something better.

    1. Anonymous Coward
      Anonymous Coward

      Re: That's how the world works.

      How the world works is we have laws to curb the excesses that would otherwise make the rich all powerful. You don't like it, tough.

  5. Hawkeye Pierce

    "Extra" Beneficiary Trust??

    I think you mean Employee Beneficiary Trust don't you?

    1. gazthejourno (Written by Reg staff)

      Re: "Extra" Beneficiary Trust??

      Curses. Fixed.

      Please note the "send corrections" link is provided for this sort of thing.

  6. pop_corn

    I worked with a contractor who was using an EBT exactly as this article describes. He claimed he was getting 93% of his gross rate in his pocket, after tax and fees for the scheme. So was paying out about £7k in tax and (mostly) fees on his £100k income.

    As his nominal salary was national minimum wage, I pointed out to him that his salary of approx £12k a year, meant that he could apply for tax credits and other means tested benefits (who all ignore loans as income), e.g. council tax benefit.

    "Oh, I wouldn't want to take the p1ss!" he exclaimed, "Besides, if I then got a visit from the council, they might ask how come I have a £400k house with no mortgage but am earning £12k a year?"

    I wonder if he's had one of these letters?

    1. Tridac

      Meanwhile, the multinationals get away with billions through tax (evasion) planning. Wouldn't it be a far better use of hmrc resources to pursue them, rather than go after entrepreneurial individuals for limited return ?.

      Oh, I know, the big boys fight back and must be *so* much work for those poor souls at hmrc...

      1. J P

        SME Tax Gap is estimated (Guestimated?) at £6bn per year. That's almost entirely made up of small numbers, which HMRC can't ignore just because each one is small - they really do all add up. .

        And not every big business is on the fiddle. One of my most used anecdotes from when I was in practice as a tax adviser was the UK inbound group who had a s343 transfer of capital allowances claim denied. We felt it was a good claim, and advised responding accordingly. Client consulted with head office, in the light of HMRC's second letter, which basically said that if they didn't give up the s343 point then HMRC would open an enquiry into the group's UK capital loss position. The s343 claim was "real cash" which the group would see quite quickly - 50% within 4 years, and 95% over 20. The capital losses were unlikely ever to crystallise into real cash, but did count on the head office financial accounts (deferred tax asset). Head office were terrified of losing >£1.5bn of deferred tax asset from the numbers, and instructed UK to abandon the capital allowances. HMRC got £145m extra tax out of 2 short letters; I have no idea how long it takes to get that much out of dodgy plumbers & scaffolders...

  7. Anonymous Coward
    Anonymous Coward

    Clarfication

    Hello forum.

    I have not taken part in any EBT scheme but am a contractor, with a few clients. Just to let you understand why I think HMRC are in the wrong here, keeping in mind that I am against those who use major tax loopholes:

    The people in question had their self-assessment tax return signed off with a green tick from HMRC every year in which they were in the scheme. HMRC sent letters out confirming the setup of the individual via their Limited Company, EBT (etc) were entirely valid.

    There are now cases where HMRC are looking at an individual from a decade ago and saying "sorry, for 19 months a decade ago we said you were ok, but actually, you weren't". Many of these people are now retired, unemployed or in permanent jobs.

    What these people were doing was not criticised nor 'wrong' in HMRC's eyes at the time, but it is now. That's unfair, because it opens up the window for other claims upon people.

    In closing: contractors have risk; also their own insurances, pension considerations and everything else. So yes, they likely deserve to 'earn' a total of double a permanent employee; but overall it's the freedom to work at multiple clients that drives most, not primarily the money. If you view the entire overall package you'd likely find a contractor is no better off financially than a permanent member of staff. Stating you have no sympathy for these people due to *perceived* immediate earnings, rather than considering their overall earnings compared to your permanent salary over years, is a polarised and incorrect point of view.

    1. Anonymous Coward
      Anonymous Coward

      Re: Clarfication

      If your dodge involved a 'loan': has the loan been repaid?

      How would you expect HMRC to account for the fact that many people had no genuine intention of ever repaying the loan?

      Other questions may be available for other dodges.

    2. Velv

      Re: Clarfication

      If you have letters from HMRC confirming you were "legal" then you have nothing to worry about. Go to court and you will win. The laws cannot change retrospecitvely, and the courts cannot expect you to cover HMRCs mistake if they've made one, If.

    3. SJG

      Re: Clarfication

      I've been a contractor myself during which I passed an IR35 investigation from HMRC, but I made a very conscious decision to avoid this type of scheme as they are all challengable. Where any corporate structure is put in place where the primary purpose of that structure is to reduce the tax burden, then it's challengable under current tax law.

      A limited company's primary purpose is almost always to maximise profits to pay dividends (excluding not-for-profits etc). For the board of a company to make a decision to 'loan' an employee a tax free sum with the understanding that the sum will never be repaid is clearly against the companies interest. When this is compounded that the board member making the decision is the same person as the employee receiving then there's a conflict of interest - there's no 'arms-length' decision making here. So in corporate governance terms this is very dodgy from the start.

      It's also the case that employee loans are perfectly fine - many banks offer them to staff at reduced rates so no issues there per se - the loan will get repaid eventually. The issue arises if the loan does not get repaid.

      ... and here's the key point about why the revenue are perfectly within their right to take this approach...

      At the time the loan is given, everything is hunky-dory. The revenue signs the scheme off - as a loan with the expectaion that it will be repaid. The issue can then justifiably be 'discovered' by the revenue when they find out that the loan has not been repaid, and that fact can only become evident after some time has passed. Unless the scheme includes specific notification to the revenue that the employee had no intent to EVER pay the loan back (something I doubt), then the revenue are well within their rights to investigate when it becomes apparent that no payments are being made.

      Of course, there's an easy way to get out of this. Pay back the loan, then the Revenue have no cause to complain. Borrow the money or remortgage your house, but pay back the loan. Then pay yourself the way that you ought to have done in the first place - i.e. through salary or dividends. You'll still need to pay tax on that income, but it will probably be less than the revenue is asking for.

      BTW, the clue's in the name - it's a loan - loans get repaid unless the recipient goes bankrupt. So that's the choice.

      1. Carl W

        Re: Clarfication

        My understanding of how these work is that the loan is never repaid and then when you eventually die it becomes written off by the trustees. I was also offered this scheme and it looked far too dodgy and had the potential to land my family with a huge bill at the end.

        But I also know someone who was involved in a scheme like this whilst working as a contractor at HMRC, and they were OK with it.

      2. Number6

        Re: Clarfication

        I thought the legal obligation on the company was to maximise shareholder value. If you're the sole director, shareholder and employee then there is no conflict of interest if the scheme provides you, as the shareholder, with the most money.

        1. Anonymous Coward
          Anonymous Coward

          Re: Clarfication

          "I thought the legal obligation on the company was to maximise shareholder value. "

          Then you thought wrong. The Companies Act 2006 explicitly says that is NOT the way companies should work; it explicitly extended the obligations. Not that anybody pays much attention. But please stop repeating the misinformation.

          In summary: Section 172 says that Companies (specifically, Company Directors) must consider the interests of employees, suppliers, community, environment etc, as well as shareholders, and not just in a short term context either.

          See my Companies Act post in this topic a couple of days ago, hopefully at:

          http://forums.theregister.co.uk/forum/containing/2587266

  8. RogerT

    I had a tax charge appear out of the blue from the revenue. It didn't even say what the matter referred to but did contain the same dire threats.

    I paid "under protest" but demanded a full explanation. To give one revenue employee their due he did ring me to say this was a "computer glitch" and wrote confirming this. Over two months later, however, I've still not got my money back.

    To add insult to injury the revenue are not following their complaints procedure and have not given me a named officer dealing with my complaint.

    It does seem to me that normal people should have some rights when dealing with the revenue. I'm beginning to think that I will have to go to the County Court to recover my money.

    1. Paul Shirley

      Last time they did it to me it reached the point of 'you're going to prison' before I handed them money I didn't owe. A year later they finally realised they'd cocked up mightily, handed the money back with interest, the fines back with interest but not the slightest sign they cared.

      At least it was several % more interest than I could get anywhere else.

      1. Tom 7

        @Paul Shirley

        You wont forget to declare that will you!

  9. Doctor Syntax Silver badge

    I'd have regarded such an arrangement as being in the "not even with a bargepole" category.

    Of course it's quite possible to get some off-shore arrangements past HMRC but it helps if you do business with them, e.g. buy their property & then lease it back to them.

  10. codejunky Silver badge

    Sorry for you

    Some of the comments here are supportive but some are really not. Personally I hope whatever you choose to do (and others) works out for you and that this heavy handed mafia shakedown doesnt cause too much misery. I dont understand why some people think it is right that the law can be so complex and purposefully written as such so government shakedowns can occur. When the law is ambiguous the people affected will see it one way and the enforcers see it another. For the enforcers to then use it as an attack on people making a living is sickening.

    All the best.

    1. Anonymous Coward
      Anonymous Coward

      Re: Sorry for you

      My understanding is that he paid his salary to an offshore company, which the then "borrowed" money from, with no intention of repaying the debt, in order to avoid tax.

      That's not being victim of a complex law. That's going out of your way to intentionally avoid tax in a way that any reasonable person would say looks dodgy.

      As somebody on PAYE, I have no sympathy whatsoever ( on the assumption that I understand the scheme correctly ).

      1. Anonymous Coward
        Anonymous Coward

        Re: Sorry for you

        I don't think he paid his salary to the off shore company.

        The off-shore company billed the client and then paid the employee.

        This is the same as working through an employment agency (such as Hays/Manpower/Kelly/Reed etc). The major difference is that instead of being given your daily rate (which is obviously lower than the agency has charged the client) you are given minimal amount and the rest is given as a loan.

        this loan is then passed to a trustee company who then "writes" off the loan as a bad debt a year later so it will never be chased. the argument behind this is that the trustees of the "loan" have to do what is right for the person given the loan - if they ever asked for the loan back they would face jail.

        or at least that is what some snake oil company tried selling to me when a friend tried to get me to sign up to one.

        1. Anonymous Coward
          Anonymous Coward

          Re: Sorry for you

          Yeah, that's what I meant, in a badly worded way. Although thanks for confirming I understood the rest, as I wasn't sure I had, because it seems so dodgy, how could anybody justify it as reasonable?

  11. Anonymous Coward
    Anonymous Coward

    Efficiency

    If businesses and their political puppets spent as much time and money on *energy* efficiency as they do on *tax* efficiency, the world would be a rather better place for most of us. Better still would be spending it on energy efficiency *instead* of tax efficiency. Then the tax experts would have to find something less wasteful to occupy their time. Golf, or powerboat racing, maybe.

  12. TonyJ

    Reading some of the comments

    I can see both sides of the argument to a very great extent.

    There's an often overlooked concept that permies tend to get wrong and that is that as a contractor, I don't work for the company whose site I am currently sat at, I work for a limited company that just happens to be mine. My personal employment contract, however, is with this limited company.

    So in the same way if you had staff from, say, Microsoft or HP on site, you wouldn't expect those staff to be asking your manager to approve their holidays. As a courtesy, on long engagements, they would be expected to inform someone, of course.

    Also, in the same way that the business-to-business contract of engagement can be terminated by either party, exactly the same is true of the business-to-business agreement between my limited company, the agency whom I work through and the end customer. You wouldn't lose any sleep at their loss but you can usually understand that they (the company they work for) are being paid because there's usually a combination of skills they cannot easily fulfill themselves and extra risk that they will be canned - as with contractors.

    And yet, it's inevitable that in many cases, the people on site expect to have the right to approve or otherwise things like working hours, holiday entitlement etc etc.

    Ok, so having said that, there's no way I'd ever get my company and by association myself involved in such a scheme. My own stance has always been to avoid anything that looks in any way like it's exploiting some kind of short term loophole. Ultimately, it inevitably means I pay more taxes than if I were to use them, but so be it.

    And I get at least one email a day inviting me to maximise my earning so I can take home more (usually between 85 and 95% of turnover)...they go straight into my junk... indeed, I get this from "Hannah" at info@contractjobs.com several times a week:

    "....As a Contractor, did you know that operating as a Limited Company could give you returns of up to 90%?

    * Perhaps you have a Limited Company already and are not getting the returns you thought you would?

    * Are you thinking of swapping from Umbrella to Ltd to maximize tax efficiency but think it is a hassle?

    * Do you need help setting up a Limited Company?

    Find out instantly how much pay you could retain by trying our quick no obligation calculator now <http:/L..blah>

    With superb support from our accountancy team coupled with easy to use, time saving online software, there really is a way to be very tax efficient AND not have too much paperwork. It is not much more than the paperwork you have with an umbrella solution! Find out more by calling us now on 0333 222 4054."

    However...I don't believe the fault lies with the contractors entirely as emails like that can be tempting to some, or even the accountancy firms that cook such schemes up but mostly with the government.

    Our tax laws are far too complex to be workable. Did you know, for example, that VAT is payable on adult shoes? It isn't payable on childrens shoes nor work boots. So...there is an entire section of the VAT guidelines that defines exactly what a boot is. (I will caveat that it's been a few years since I was looking at this so it _might_ have changed in the meantime).

    There's also a blunderbuss approach here - rather than fight the big boys who are in cahoots with the very big accountancy firms who are, in turn, in bed with the government and get tied up in court for years, they shoot a broadside at smaller entities who cannot afford a long fight and are more likely to roll over.

    I vaguely recall reading somewhere that one year, a prominent lord, paid less than £15k in taxes despite earning hundreds of millions from his various interests.

    Companies do have a legal duty to minimise their costs and maximise their profit for their shareholders and that includes taxes but there needs to be a shift from both sides to make the whole thing fairer.

    1. Anonymous Coward
      Anonymous Coward

      Re: Reading some of the comments

      You've spent a lot of your comment (like others..) defending contractors for "earning more" when no one else in the comments has said anything like "bloody contractors earning more, bastards".

      I contact for a number of clients. When my tax return is due I write down how much earned on all the jobs I did in the last year and pay my fair share of national and local tax (I don't live in the anymore UK, it's split into different types of income tax over here) and then pay for 3 other peoples health insurance as well as my own. I have no sympathy for people that think they can use a scheme to dodge taxes that everyone else pays to fund services they are using like putting their kids through school.

      If the money ends up in your pocket at the end of the day pay the income tax on it because you will have to at some point and you don't want that point to be when you've already spunked the money on something shiny.

      1. sjaddy

        Re: Reading some of the comments

        In the UK this quote is very apt

        “No man in this country is under the least obligation, moral or otherwise, so as to arrange his legal relations to his business or to his property as to enable the Inland Revenue to put the largest possible shovel into his store.”

        Lord Clyde, quote from a judgment given in 1929.

        If at the time the "scheme" wasn't illegal then I have no issue with people doing this. I personally wouldn't touch it with a bargepole because I feel uncomfortable about the shifting of money around etc.

        Most contractors - even those paying minimum wages via a Ltd company - will still be paying corporation tax (20%).

        Based on a company billing £100000 a year and the contractor taking the minimum amount of £8000 a year. Even if they took expenses of £20k a year they are still left paying 20% tax on £70000 before they take dividends.

        That means their company is still paying £14k in tax a year.

        also by billing £100k a year they will have to VAT registered so there is another 20% they charge that goes straight to the government. They have to declare £120,000 to the government even though they have only seen £100,000 of it.

        so the government is still getting at least £34000 a year in "taxes" from that contractor's limited company. If the contractor then takes dividends that take total remuneration to over circa £42000 he will be charged another 25% tax on the money over £42000.

        so - if the contractor only takes £40,000 a year "remuneration" (not forgetting his £20k to pay expenses - such as train fares/lunches/pc's etc) he is then paying £34000 in tax, the company then retains £26000 in profits which can be used to pay the contractors wages when they are out of work.

        A permanent person earning £60k a year only pays £17,870.12.

        so a contractor taking home minimum pay through a ltd company will still contribute twice as much in taxes as a permanent employee on £60k.

        Before any of you take issue with my maths and the VAT portion - it is still £20000 that the government has done nothing for to support the limited company so yes it is still a tax that the limited company has paid to the government.

    2. J P
      WTF?

      UK VAT law is as bad as ever

      If selling garments trimmed with goat skin, you need to be able to distinguish your Tibetan goat from your Nepalese one. Seriously. http://www.hmrc.gov.uk/manuals/vclothingmanual/VCLOTHING3100.htm (When I shared this with a bunch of tax professionals on Twitter, several thought it was a spoof. It's not)

    3. Anonymous Coward
      Anonymous Coward

      Re: Reading some of the comments

      "Companies do have a legal duty to minimise their costs and maximise their profit for their shareholders "

      Often repeated, not particularly true in the UK these days. Don't take my word for it.

      Here is the presumably-relevant part of the Companies Act 2006. Have a read. Maybe look it up elsewhere to make sure I'm not misrepresenting.

      Once you've done that, please show readers any text relating to a legal duty to minimise costs and maximise profits for their shareholders, not subject to any other consideration.

      In fact the extract below specifically says organisations must consider the interests of employees, suppliers, community, environment etc, and not just in a short term context either.

      Obviously it's yet another law that's frequently ignored and rarely enforced. It's also frequently misquoted/misrepresented, maybe by well-intentioned people who have been misinformed.

      That said, this is The Law as it has been in the UK for a few years, so would contributors please not repeat the mistaken claim that the law says what you said it does. Better still, if you see the claim repeated elsewhere, point out the Section 172 obligations go wider (significantly wider) than just maximising short term shareholder profit.

      Thank you.

      From e.g. http://www.legislation.gov.uk/ukpga/2006/46/section/172

      172Duty to promote the success of the company

      (1)A director of a company must act in the way he considers, in good faith, would be most likely to promote the success of the company for the benefit of its members as a whole, and in doing so have regard (amongst other matters) to—

      (a)the likely consequences of any decision in the long term,

      (b)the interests of the company's employees,

      (c)the need to foster the company's business relationships with suppliers, customers and others,

      (d)the impact of the company's operations on the community and the environment,

      (e)the desirability of the company maintaining a reputation for high standards of business conduct, and

      (f)the need to act fairly as between members of the company.

      (2)Where or to the extent that the purposes of the company consist of or include purposes other than the benefit of its members, subsection (1) has effect as if the reference to promoting the success of the company for the benefit of its members were to achieving those purposes.

      (3)The duty imposed by this section has effect subject to any enactment or rule of law requiring directors, in certain circumstances, to consider or act in the interests of creditors of the company.

    4. gnasher729 Silver badge

      Re: Reading some of the comments

      "Our tax laws are far too complex to be workable. "

      That's nonsense if you work as a contractor with nobody working for you.

      You start a limited company. You collect receipts for all your expenses, including an accountant (who knows all the stuff that follows and doesn't cost very much).

      You pay yourself a small salary; exactly the tax free amount (£10,600 a year if I'm right). On that you pay a tiny amount of national insurance and no employer's NI because £2,000 a year of employer's NI is free. Your accountant does that for you. All you have to do is take a cheque to the bank every month.

      Your accountant subtracts your expenses and your salary from your invoices. Every three months or so he tells you how much the company can afford to pay in dividends, and how much is tax free. Then you decide how much in dividends to pay yourself.

      At the end of the year, you pay taxes on the dividends if you took out too much. You can take home about £3,500 a month without paying any taxes on your dividends. The accountant calculates the profits of your company so far (invoices minus expenses minus small salary). If there is money left over you can pay money into your pension and deduct that as an expense from your profits. And then you pay 20% of your profits to HMRC.

      Money that is left stays in the company, so you can keep paying salary and dividends next year if you don't find work, or when you retire. And that's it. If you make over £82,000 you register for VAT and use the Flat Rate scheme, and HMRC gives you a tiny amount of free money.

      If all of this is unworkable for you, then maybe you should look for a simpler job.

      1. neil-t

        Re: Reading some of the comments

        IT's simple enough. However using a Ltd co. for his personal affairs cost Ken Livingston dear in the last mayoral election as the voting public were lead to believe it was avoidance. Nonsense of course. Who would pay more tax than they are assessed for? But it's an easy stick to bash independent professionals with.

        It's up to the chancellor and the government to decide the tax rates for dividend income. They've whacked it up once this year and I guess it will rise until it reaches par with tax on earned income. That's probably fair. I'd prefer this than people bashing LTD company directors for tax 'avoidance'.

        For those who are complaining about independent contractors using Ltd Companies, write to your MP. Simple.

  13. Ptol

    The tax issue...

    When I was contracting, I quickly realised the only "safe" way to do it was as an employee through an umbrella company. This in turn meant I was giving up most of the tax advantages of being a contractor, and taking on a lot of income risk for sickness, holidays, gaps in contract etc.. I'm now back being an employee.

    If you want to contract in a "tax efficient way" then you are taking on significant tax risks. With limited companies, you could be deemed on the wrong side of IR35, and there is no effective way to manage these risks - not even insurance. In the end, you need to decide how much risk you are prepared to take for that bit of extra cash today.

    For the current batch of contractors who are in the firing line, I recon their best option is to repay back that loan to that offshore company, but I'm glad I ignored the constant approaches by DarwinPay to get involved in such schemes.

  14. sh856531

    Dry your eyes

    I'm all in favour of contractors being able to charge 2 or 3 times what I get paid on a daily basis. I don't even begrudge them the Ltd company dodge that gives them a slight tax advantage given the lack of employee protections they get.

    But as soon as I saw the words "offshore" and "interest free loan" my sympathy for anyone in this situation evaporated and I hope the taxman hits you like a ton of bricks

    Contractors paid £500+ p/d are already heavily compensated for the lack of employee protections and job security. There is a reason my contractor friends are driving around in Porsche's and Mercs and I'm not.

    They don't need an even greater tax break than they already get by running everything through a ltd company

    1. neil-t

      Re: Dry your eyes

      Your colleagues must have been earning squillions. In London contractors earn a decent living but so probably less than many similarly skilled professionals in the finance sector sector for example I personally don't know anyone driving expensive cars or owning a town house in Chelsea.

      We are all earning enough to live in the capital and provide for families while taking care of our own pension arrangements, insurances, unpaid holidays and so forth.

      The labour government could have closed down EBT schemes when they came to power but didn't. I don't see why taking advantage of overly complex, poorly drafted, ambiguous finance law is i

      immoral or wrong.

      Offshore / loans and other memes are just mechanisms for tax mitigation. Until the government in power close town tax loopholes and legislate appropriately they will be exploited. I don't this kind of exploitation as any different from implementing a clever engineering solution.

  15. dotasscandal
    Facepalm

    99% of you are missing the point

    What all of you guys seem to be missing is that the retrospective tax demand has nothing to do with the merits of the "contractor scheme" (really, just a different type of umbrella company). The scheme he used may have been perfectly valid. In fact, there is, at this time, no case law in favour of HMRC with regard to EBTs. It's purely a matter of "pay first, argue later" on the part of HMRC. Problem: their demands concern tax from 10 years ago.

    See http://hmrc-apn.info to educate yourselves before you serve judgement.

    1. Anonymous Coward
      Anonymous Coward

      Re: 99% of you are missing the point

      No, they're not missing the point. You're missing the fact that this scam involved an interest-free "loan" that they NEVER had any intention of paying back. I'm utterly shocked anything like this was ever allowed in the first place, but I can say with certainty had it been allowed in the US and someone I knew was using this dodge the first question I'd ask would be "so what happens when you retire, and you owe your offshore scam company several million dollars?" Forgiven debt is taxable income, so I guess the goal was to die still owing the money and arranging things so that their heirs somehow weren't liable for the debt?

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