Loan charge - new horizon-esq scandal? Seems like sour grapes.

Caporegime
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This is in the news again as some MPs are kicking off and it's drawn comparisons to the Post Office scandal but the connection is rather vague at best in so far as some ordinary people need to pay back large sums of money and this is causing financial ruin for some:


Fundamentals seem very different; post office scandal involves people being falsely accused of stealing this involves people actually dodging tax and being asked to pay.

I remember in the 00s when my friend started working in commodities and mentioned all the tax dodging shenanigans in his industry, wealthy traders/brokers previously being paid in platinum sponge at one point before he joined (HMRC put a stop to it) were then using offshore trusts making "loans" to traders and their spouses.

The basic gist of it was that the commodities firm and others arranged to set up an offshore trust, the traders get their salaries as normal but their bonuses get paid via "loans" made from this trust... with an unwritten agreement that the loans don't ever need to be repaid. Obvs this means they avoid a load of income tax as they've merely "borrowed" the huge sums they were paid in bonuses.

HMRC was anti this as far back in 2004 and made it quite clear it was dodgy in 2010 too but this sort of scheme ended up not just being something set up for millionaire city types but was later marketed to IT contractors.

IT contractors earn say low six-figure incomes, and in their case it wasn't their employer/client company who was setting up the tax dodge for them but some third-party firm marketing it to them and that involves taking a cut of say 10 or 15%... (lots of money to be made for the dodgy firms selling these schemes) but the contractor gets to dodge income tax in return and they're not wealthy enough to have their own trust so still worth it to them to pay a cut to the third party instead of paying tax.

You can't cheat an honest man comes to mind for these IT contractors, you don't need to be a tax expert to know that taking a loan to dodge income tax and being told off the record that the loan doesn't need to be repaid is inherently dishonest.

The perhaps iffy circumstance in some case where this sort of thing extended to agency nurses and social workers (especially if in their case their agency told them to do it) but ultimately you're still responsible for paying tax and you would have had to agree to a loan you *know* you're not expected to pay back, there's still the personal responsibility aspect.

So to crack down on these schemes the government introduced the loan charge in 2016; basically, if you've got one of these loans then you have three years to pay it back or you face a charge of 45%.

If you're a tax dodging IT contractor who has been earning "borrowing" say £120k a year for the past 5 years then that's suddenly £600k you need to pay back, on paper that's what you "owe" but it wasn't really a loan.. it was income. Obviously, people aren't going to pay back these loans so now they need to pay the 45% loan charge... to account for all the income tax they dodged but 45% of £600K is still £270k and lots of these chumps didn't expect to be rumbled so have spent it.

This has caused financial ruin for some therefore outrage... but surely it's just holding people to account over the tax they knowingly didn't pay, in some cases for multiple years?
 
I know somebody that fled the country because of this, they owed at least £0.5M.

I’m a bit more sympathetic for “low end” earners being caught up in this through dodgy umbrellas and agencies and the like. But plenty of them knew exactly what they were doing over this and even convinced themselves it was acceptable.
 
It is obviously a tax dodge and anyone being told they're being given a loan that they don't need to pay back should have realised this. HMRC is doing the right thing.

Everyone should be paying their fair amount of tax, especially the better off.
 
This has caused financial ruin for some therefore outrage... but surely it's just holding people to account over the tax they knowingly didn't pay, in some cases for multiple years?

That about sums it up imo yes. Anyone "caught up" in this was surely fully aware of what it was. A tax dodge.
 
Isn't this the thing that a few TV people got caught out with a while back?

There was some scheme a famous comedian got caught up in and the Accountancy firm took a 15% commission allegedly too!


Like if the tax avoided was 168 million then with that level of commission the accountancy firm is perhaps taking in up to 60 million from this scheme and it was only a small firm.
 
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If I'm reading and understanding this correctly, the only dodgy thing is an attempt to evade the tax due, by basically pretending that a bonus was a loan.
 
If I'm reading and understanding this correctly, the only dodgy thing is an attempt to evade the tax due, by basically pretending that a bonus was a loan.

There's a bit more, some of the companies involved in these schemes may well have committed fraud too when marketing them too w.r.t things like their links with other firms involved or even claims re: the legality of the scheme.

But yeah from the individual's perspective, it's the taking of a loan that you know you're not going to pay back in lieu of salary or bonus thus the remedy was pay back your loan within 3 years or pay tax/loan charge. Essentially they've ended up paying commission of say 10% or 15% or whatever to avoid tax and then gotten a tax bill anyway (or in some case gotten away with it cos it was pre-2010).

As a double whammy it seems in some cases some dubious companies claim to have bought the loans that were never supposed to be paid back and have been seeking repayment too, which doesn't seem likely to succeed.
 
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