breeze

[speling bee]

Dr Nuala Brice, OBE & Edward Sadler - Special Commissioners for HMRC:


"We conclude that when the Appellant made payments to the trusts, no transfer of cash or its equivalent was placed unreservedly at the disposal of the employees. That means that there was no payment by the Appellant of emoluments or earnings giving rise to an obligation to deduct income tax and pay it to the Revenue."

In whose opinion does this apply to your solution?

[PhilBreeze]

In whose opinion does this apply to your solution?

It applies to any discretionary trust, it's not a matter of opinion. That's the point, really.

[speling bee]

It applies to any discretionary trust, it's not a matter of opinion. That's the point, really.

Where does it say that it spplies to any discretionary trust, or if it doesn't say this, in whose opinion does it apply to any discretionary trust?

[PhilBreeze]

Where does it say that it spplies to any discretionary trust, or if it doesn't say this, in whose opinion does it apply to any discretionary trust?

This could go on and on.. I suggest you read the Sempra decision I linked to earlier, from paragraph 123 to 144 for starters. I have a feeling you're not going to take my word for an answer, which is absolutely fair enough as I obviously have a vested interest in making the point

[speling bee]

This could go on and on.. I suggest you read the Sempra decision I linked to earlier, from paragraph 123 to 144 for starters. I have a feeling you're not going to take my word for an answer, which is absolutely fair enough as I obviously have a vested interest in making the point

It is really simple. You have a model which you say is covered by case law. You ask me to read it an come to an opinion. I would like to know whose opinion backs up your view that these cases apply to your model. Is it:

- defined by statute
- the opinion of HMRC
- the opinion of a judge
- the opinion of a QC
- your opinion

With respect, I won't take your word for it but am interested to hear the word of an expert or official.

[LisaContractorUmbrella]

Dr Nuala Brice, OBE & Edward Sadler - Special Commissioners for HMRC:


"We conclude that when the Appellant made payments to the trusts, no transfer of cash or its equivalent was placed unreservedly at the disposal of the employees. That means that there was no payment by the Appellant of emoluments or earnings giving rise to an obligation to deduct income tax and pay it to the Revenue."

But in Dextra, HMR&C's argument that F1989 s.43 applied was accepted by the Court of Appeal and the decision was upheld by the House of Lords. As the trustees were viewed as intermediaries it was considered that contributions made should be viewed as emoluments. As I understand it the same argument was successfully used in the Sempra case even though a family benefit trust rather than an employee benefit trust was used. Also aren't these cases about 10 years old?? I am fairly sure that there have been tax tribunals since that would offer more compelling case law especially after the legal strike against EBTs.

[Alan @ BroomeAffinity]

What happens to the 16% the contractor does NOT retain?

[speling bee]

Zero Risk

Just thinking about this Zero Wisk business.

Am I right to think that for there to be zero risk, then either:

- There is no chance of the solution failing, or
- If it does fail, the contractor will be no worse off than by joining the scheme.

So, is the insurance just to refund fees or is it to pay interest and penalties? Or is there zero chance of interest and penalty charges being made.

[electro]

bank accounts

What happens to the 16% the contractor does NOT retain?

If it isn't retained in a bank account that *you* control, don't go near them.

[electro]

Endorsed by ...

A distinct lack of information on their website, no clue to where they are based etc, just a single page website, another one to avoid eh?

They say it's fully endorsed by Robert Venables QC. You can contact him here:

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