BIG GROUP

[Loan Ranger]

The only way in which the DR charge can be avoided, according to HMRC, is to repay in cash.

Then you need to consider the trust distribution.

Any preplanned link is going to being questions.

Which, ironically, will immediately raise suspicions that you're up to something.

And, knowing HMRC, you'll be treated as guilty until proven innocent.

[Finalwhistle]

Which, ironically, will immediately raise suspicions that you're up to something.

And, knowing HMRC, you'll be treated as guilty until proven innocent.

Irrelevant of how you are viewed moving forward if the loan has been repaid in cash then the DR LC has been avoided. No one can disagree with that... onto the next chapter
Obviously it will cause suspicion however for those people with all closed years they will have nothing to declare come April 2019.. and so will effectively remain off the radar (as HMRC are surely more likely to prioritise all those people who are still on the radar). But yes it does beg the question of what next.. (appologies this is not really related to BG)

[ConfusedEasily]

Irrelevant of how you are viewed moving forward if the loan has been repaid in cash then the DR LC has been avoided. No one can disagree with that... onto the next chapter
Obviously it will cause suspicion however for those people with all closed years they will have nothing to declare come April 2019.. and so will effectively remain off the radar (as HMRC are surely more likely to prioritise all those people who are still on the radar). But yes it does beg the question of what next.. (appologies this is not really related to BG)

I would tend to think that anyone who pays off the LC will immediately be targeted by HMRC. The loan will have been directed back to, I guess the Trust, and HMRC will (probably correctly) assume that there is something well dodgy occurin'...

[webberg]

Irrelevant of how you are viewed moving forward if the loan has been repaid in cash then the DR LC has been avoided. No one can disagree with that... onto the next chapter

As I have said before, if you repay in cash but the money comes back to you in some manner, HMRC will claim that either the repayment was itself part of a tax avoidance scheme and therefore not able to be deducted from the loan balance for the DR charge or that when the money comes back it might trigger say a Part 7A charge if its own.

So whilst I'd like to agree that "no one can argue with that", they can and almost inevitably will.

That does not mean that they are right, but that there will be a long, detailed, technical and legal debate.

[webberg]

There is a thread below that discusses the interaction between the DR charge and enquiries from earlier years.

The views expressed on that thread do not coincide with ours.

If you are in BG and wish to get an update, please contact us.

[webberg]

https://forums.contractoruk.com/hmrc...sidents-6.html

The above thread has a discussion around non resident employers/employment.

For the sake of clarity, the views expressed there are not in accordance with our analysis.

We are sending out our analysis on schemes to you all now and you should read that carefully.

[webberg]

Norris International

I've recently put a piece into our forum regarding the above.

In short they have a proposal that is claimed to avoid the LC 2019 liability.

I have commented on the chances of this achieving its goals.

[THISISWRONG]

Im amazed that with all the negatively, that there is not one leading group bring legal action against this.
I can only see plenty of people try to assist with settling. There is no planning or negogiation that improves the situation.... or am I missing something?

[webberg]

Im amazed that with all the negatively, that there is not one leading group bring legal action against this.
I can only see plenty of people try to assist with settling. There is no planning or negogiation that improves the situation.... or am I missing something?

Big Group has a plan and is executing it. We do not believe that the HMRC settlement is legally correct and we do not recommend it.

If clients, having considered their options, want to go that way we assist because we can.

There are legal actions in contemplation in support of our plan. Those have to consider the risk/reward position.

Challenging Government policy in Court is always difficult. Going against retrospective legislation is always difficult. We will not recommend legal action which may give our clients an opportunity to vent their feelings but which is likely to produce little benefit. We would rather use their resources in areas we believe are more effective such as hiring decent advisers to challenge the HMRC version of tax legislation.

That said, we strongly support the sub group of our members who have formed the Loan Charge Action Group. They are committed to more direct action.

If therefore you want to join and help them, I would recommend it.

[THISISWRONG]

I have pretty much come to the conclusion that I will have to settle. I’m just waiting on conversations with your team before taking a final call.