Sorry being a little thick but what are the benefits of having the loan written off?
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
EBT HELL: Assignment Solutions Isle Of Man / Premier Tax Strategies / DMS
Collapse
X
Collapse
-
-
Originally posted by difficulttimes View PostSorry being a little thick but what are the benefits of having the loan written off?
You won't be asked to pay the loan off as well out of your "Big Issue" earnings.Join Big Group - don't let them get away with it
http://www.wttbiggroup.co.uk/Comment
-
Being based outside of the U.K. now for 8-years, I fax all my letters to HMRC before posting them via registered mail, as it takes 3-weeks to get there.
I've attempted to fax my latest response to the fax number on their last letter (+44 161 2886 079) to no avail. Tried numerous times but simply won't work so have faxed it to the number I've used previously (+44 3000 526 486).
Anyone else had the same issue? Just trying to find a fax that can send overseas is enough of a challenge without these fools having a number that doesn't work !Comment
-
As my name has been mentioned, I'll comment.
The world according to HMRC for many schemes works as.
Employer pays you 100 and this is (or should be) taxable income, regardless of legal label.
You choose to take 10, leaving the employer to put 90 into a trust for your benefit.
(More likely 75 in fact after fees and charges).
The trust advances 90 to you under a loan agreement. That loan is an asset of the trust.
At some undefined point in the future, the loan is repaid. Assuming that coincides with the trust coming to an end, or that the trustee decides to distribute the assets (cash) to the beneficiary, the money flows back to you.
In most instances, income earned by the trust during it's life is taxable on the trust and is the responsibility of the trustee. (Not always).
In most instances, assets distributed from a trust will also attract a tax charge. If that trust is an EBT, then post 2010, when the assets are "earmarked" as belonging to you, a charge arises.
Trusts that are not EBTs but which distribute assets may incur an exit charge (IHT) on their beneficiaries.
SO, writing a loan off, i.e. the trust admitting that it's assets are worthless, may trigger either an "earmarking" of the income to the borrower and/or an exit charge.
The issue is that the trust deeds are notoriously difficult to extract from trustees/providers and determining the exact nature of any charge is difficult.
Personally, I would be asking the trustee for their opinion as to the tax consequences as part of the fee.
I would then be taking that to HMRC, who are equally unclear as to the tax consequences, and ask them to agree a treatment.
Writing the loan off without being aware of the potential consequences (legal, tax) is not recommended.
In some instances, I know that HMRC has agreed that a loan will be "treated" as having been written off in reaching a tax settlement. OK, that allows some form of certainty in the settlement, but what happens if the trustee then asks for the loan to be repaid?
Agreeing that the loan is worthless for the purposes of tax is entirely different and separate from having the loan legally written off/forgiven.Best Forum Adviser & Forum Personality of the Year 2018.
(No, me neither).Comment
-
Originally posted by bandemelbs View PostBeing based outside of the U.K. now for 8-years, I fax all my letters to HMRC before posting them via registered mail, as it takes 3-weeks to get there.
I've attempted to fax my latest response to the fax number on their last letter (+44 161 2886 079) to no avail. Tried numerous times but simply won't work so have faxed it to the number I've used previously (+44 3000 526 486).
Anyone else had the same issue? Just trying to find a fax that can send overseas is enough of a challenge without these fools having a number that doesn't work !Comment
-
Originally posted by bandemelbs View PostAnyone???
03000522014STRENGTH - "A river cuts through rock not because of its power, but its persistence"Comment
-
oh dear. late again
I was part of ASIOM briefly in 2006 year with a very friendly CP08 letter to prove it. I've been out of UK since 2009, and dropped off HMRC address details sometime in 2013. Good timing....not. Desperately trying to get up to speed with all the developments, join WTT and an advisor to contact HMRC and find out how bad things are with what I assume is notices not received. I've seen the big recommends for WTT/The Big Group which I'm joining (if still open). I'm not sure if they act as Tax affairs advisors/representatives as well - are there any other recommendations for professional who can sort out my immediate need to reestablish contact and deal with what I assume are very overdue issues? ThanksComment
-
Originally posted by Brazil2016 View PostI was part of ASIOM briefly in 2006 year with a very friendly CP08 letter to prove it. I've been out of UK since 2009, and dropped off HMRC address details sometime in 2013. Good timing....not. Desperately trying to get up to speed with all the developments, join WTT and an advisor to contact HMRC and find out how bad things are with what I assume is notices not received. I've seen the big recommends for WTT/The Big Group which I'm joining (if still open). I'm not sure if they act as Tax affairs advisors/representatives as well - are there any other recommendations for professional who can sort out my immediate need to reestablish contact and deal with what I assume are very overdue issues? Thanks
The best thing is to join Big Group. They can offer any tax advice services you need. You can talk through your situation with them. And there's a busy and very supportive forum.
I personally haven't joined the ASIOM litigation association run via Saleos consulting. It's a waste of time and money in my opinion.
If you do join Big Group, probably the thing you want to do is listen to the webinar. There will be another all-hands coming up shortly.Comment
-
Originally posted by neil99 View PostHeh Brazil, don't panic! If you were in ASIOM briefly then mr tax man probably won't want very much from you. They may have completely forgotten you. I assume you've not had an APN letter?
The best thing is to join Big Group. They can offer any tax advice services you need. You can talk through your situation with them. And there's a busy and very supportive forum.
I personally haven't joined the ASIOM litigation association run via Saleos consulting. It's a waste of time and money in my opinion.
If you do join Big Group, probably the thing you want to do is listen to the webinar. There will be another all-hands coming up shortly.Comment
-
Bandemelbs
Originally posted by bandemelbs View PostAnyone???
I find 0011 instead of + works.
I keep a copy of proof of fax as well as registered mailComment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- A new hiring fraud hinges on a limited company, a passport and ‘Ade’ Today 09:21
- Is an unpaid umbrella company required to pay contractors? Yesterday 09:28
- The truth of umbrella company regulation is being misconstrued Nov 25 09:23
- Labour’s plan to regulate umbrella companies: a closer look Nov 21 09:24
- When HMRC misses an FTT deadline but still wins another CJRS case Nov 20 09:20
- How 15% employer NICs will sting the umbrella company market Nov 19 09:16
- Contracting Awards 2024 hails 19 firms as best of the best Nov 18 09:13
- How to answer at interview, ‘What’s your greatest weakness?’ Nov 14 09:59
- Business Asset Disposal Relief changes in April 2025: Q&A Nov 13 09:37
- How debt transfer rules will hit umbrella companies in 2026 Nov 12 09:28
Comment