Re: Loan Charge?
The law that sets speed limits is the Road Traffic Regulation Act 1984 (you'll want to look at section 6).
This is the difference between legal opinion and law. Legal opinion does not have the force of law, it is merely someone expressing a view on existing regulation. EBT payment structures were based on legal opinions that it was OK (oopsie) and needed to be registered on your tax return (mine was).
The law that is making us pay HMRC extra tax is F(No 2)A 2017, Sch 11. This basically says that if you have been taking EBTs you can either
a) pay them back
b) treat them as taxable and pay by 2019
So, is it retrospective? Not really. It's saying if you have these things we're going to tax you on them.