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HMRC Scheme Enquiries (No Big Group champions or tax advisors here please)

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    #51
    i owe 56k via settlement. 22k of this "Unprotected". i have aprox cash reserves of 70k in a dormant ltd company i am going to wind up (paye employee now, in high tax bracket). Looking at this thread, i am going to wind up company and get cash as Capital distribution. If I was to go down 2019 LC route - could i put the funds from the capital distribution into my personal pension, then net this off against the loans i have outstanding 5/4/19?

    i was thinking of settling the protected years, and writing those loans off. I could then add the 80k of unprotected loans onto my earnings - then using the ~60k i have in cash to put into my personal pension. my last contribution was in Feb 2016, however adding these up, the 60k will still be under the past three years of allowance. So that means in theory i would only pay tax on the extra 20k (~ 9k tax).

    the downside would be that i'd still have 80k loans outstanding, and would be at the mercy of any future retro tax laws. (10 year IHT charge and all that).

    If any of that makes sense, is if a viable solution? Think i need an advisor - any suggestions?

    Comment


      #52
      Sorry, but you are going to have to ask that advisor question outside of this thread.
      "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
      - Voltaire/Benjamin Franklin/Anne Frank...

      Comment


        #53
        Originally posted by ric_77 View Post
        do we have any other ex AML/SmartPay employees in the forum?

        Ive been trying to speak directly with them to get some clarity on loans etc regarding settling but no longer being a paying customer means this is proving to be quite difficult

        Emails and replies are much the same.
        I was also with AML and smartpay. They seem to have outsourced this issue now but don’t seem that interested to help... am considering dealing direct with HMRC myself

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          #54
          Who / How the Loan will be written off ?

          If I decide to opt for CLSO and goes through settlement then how / who will write off the actual loan?

          Comment


            #55
            Originally posted by MRaza View Post
            If I decide to opt for CLSO and goes through settlement then how / who will write off the actual loan?
            HMRC won't.

            Comment


              #56
              Originally posted by ConfusedEasily View Post
              HMRC won't.
              The Scheme provider has to agree to write off the loan. If they start behaving funny and asking for money back you will probably need a lawyer to show that arrangement was sham and why you will not pay it back.

              Comment


                #57
                Originally posted by jazzyg View Post
                The Scheme provider has to agree to write off the loan. If they start behaving funny and asking for money back you will probably need a lawyer to show that arrangement was sham and why you will not pay it back.
                Apparently, 1 scheme in 100 has tried that, and failed.

                Comment


                  #58
                  Originally posted by Runster View Post
                  Apparently, 1 scheme in 100 has tried that, and failed.
                  Which one?

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                    #59
                    Originally posted by Runster View Post
                    Apparently, 1 scheme in 100 has tried that, and failed.
                    ...if the Scheme provider (trust) demand the repayment what options do we have?
                    Since some of the new scheme's loan agreement are kind of very commercial looking where provider also completed compliance procedures for loan?

                    Comment


                      #60
                      Originally posted by jazzyg View Post
                      Which one?
                      Don’t know, sorry. Any court ruling in a trust’s favour forcing a contractor to pay back loans that they themselves financed would be extraordinary.

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