The following appeared in an otherwise excellent if not very informative (not the fault of the journalist) article today, 27th September.
I've highlighted the "second resolution strategy" piece. I'm also going to address a comment made by HMRC around "new arrangements to get around the loan charge".
First, I'm not aware of any "second resolution strategy". Big Group has one strategy. We've been following it since 2015. We have no second string. We do have a number of supporting actions going on and more under consideration but no strategy.
I'm not sure who asked the questions, but I'd be interested in finding out and why they think there is a second strategy.
Second, Big Group does not claim, does not offer and will not offer any arrangement to "get around" the loan charge. We do not offer tax avoidance schemes and have no plans to do so.
As a general point of courtesy, it would have been better if Big Group had been asked about the questions in advance because we could then have prevented misinformation being spread and allow HMRC an easy out.
12. What happens by the end of April 2019 if I haven’t paid HMRC but they claim I owe £30K under the LC? And does HMRC endorse the likes of BIG GROUP which I’ve applied to join, and how would HMRC like the group’s “second resolution strategy” to differ to the first, under which 1,000 contractors settled with HMRC?
If you haven’t settled with HMRC and the loan charge arises then you will need to pay this as part of your 2018/19 self-assessment tax return by January 31st 2020. HMRC can’t comment on claims regarding any external strategy; earlier years will need to be settled in full, or the loans fully repaid, otherwise the loan charge will apply.
If you decide to enter into new arrangements which claim to get around the loan charge, HMRC’s firm view of those that they have seen is that none of them work, and they have warned people in the past about the financial consequences of using these types of avoidance schemes. Those using such schemes will have to pay the loan charge.
There may be further liabilities arising as a result of the tax and commercial consequences of any new arrangements put in place.
I've highlighted the "second resolution strategy" piece. I'm also going to address a comment made by HMRC around "new arrangements to get around the loan charge".
First, I'm not aware of any "second resolution strategy". Big Group has one strategy. We've been following it since 2015. We have no second string. We do have a number of supporting actions going on and more under consideration but no strategy.
I'm not sure who asked the questions, but I'd be interested in finding out and why they think there is a second strategy.
Second, Big Group does not claim, does not offer and will not offer any arrangement to "get around" the loan charge. We do not offer tax avoidance schemes and have no plans to do so.
As a general point of courtesy, it would have been better if Big Group had been asked about the questions in advance because we could then have prevented misinformation being spread and allow HMRC an easy out.
12. What happens by the end of April 2019 if I haven’t paid HMRC but they claim I owe £30K under the LC? And does HMRC endorse the likes of BIG GROUP which I’ve applied to join, and how would HMRC like the group’s “second resolution strategy” to differ to the first, under which 1,000 contractors settled with HMRC?
If you haven’t settled with HMRC and the loan charge arises then you will need to pay this as part of your 2018/19 self-assessment tax return by January 31st 2020. HMRC can’t comment on claims regarding any external strategy; earlier years will need to be settled in full, or the loans fully repaid, otherwise the loan charge will apply.
If you decide to enter into new arrangements which claim to get around the loan charge, HMRC’s firm view of those that they have seen is that none of them work, and they have warned people in the past about the financial consequences of using these types of avoidance schemes. Those using such schemes will have to pay the loan charge.
There may be further liabilities arising as a result of the tax and commercial consequences of any new arrangements put in place.
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