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Tread carefully

08 May 2012 / Iain Robertson
Issue: 4352 / Categories: Comment & Analysis , Employees , Income Tax
What steps show an arrangement is caught by disguised remuneration rules? IAIN ROBERTSON explains

KEY POINTS

  • The new rules are in ITEPA 2003 part 7A.
  • Nature of relevant steps.
  • Treatment of loans from an EBT.
  • Remember the National Insurance liability.
  • Planning is still possible.

Memories of the 2011 disguised remuneration rules may be fading somewhat as we cope with the latest lengthy Finance Bill which thankfully has not extended their coverage.

Complacency would be dangerous however as those rules were so widely drawn they may well catch the unwary and affect planning in a range of situations.

So it will be useful to recap on the disguised remuneration rules some of their practical effects and to reflect on where this may leave planning. The rules were widely criticised for their length and the quality of drafting.

Some of the unfair effects...

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