Francis Wilks & Jones

This Practice Note considers the topic of disguised remuneration from the perspective of the self-employed contractor. While the tax avoidance and disguised remuneration rules are designed to focus on employees, the self-employed are also caught within the disguised remuneration rules in certain circumstances (also known as the Trading Income Provided Through Third Parties rules). This Practice Note sets out the meaning of a ‘relevant benefit’ as well as the implications of a tax advantage arising further to the provision of that relevant benefit arrangement. The outstanding loan charge rules, as well as the double taxation and anti-avoidance provisions, are also detailed. This Practice Note was produced in partnership with Stephen Downie of Francis Wilks & Jones.

This Practice Note sets out the background and purpose of the introduction of the loan charge legislation, which charges to tax certain loans that were outstanding on 5 April 2019. This Practice Note details the changes to this loan charge aspect of the disguised remuneration regime that were implemented as part of Finance Act 2020 following the Morse review, including the Disguised Remuneration Repayment Scheme, and also considers the compatibility of the loan charge with the Human Rights Act 1998. This Practice Note was produced in partnership with Stephen Downie of Francis Wilks & Jones.

This Practice Note provides an introduction to the disguised remuneration regime and the other Practice Notes in this subtopic. Key concepts such as relevant steps and a relevant third person are briefly explained and the practical implications of the regime and the types of arrangements to which it applies are considered. This Practice Note was produced in partnership with Stephen Downie of Francis Wilks & Jones.

This Practice Note explains how UK tax legislation has evolved to address the use of disguised remuneration schemes, which have arisen as a result of the demand by companies and their owners to mitigate tax as efficiently as possible. It therefore sets out the tax planning environment which existed before the introduction of the disguised remuneration rules in 2011. This is useful for understanding why the rules were introduced and the types of structures to which they were designed to apply. This Practice Note was produced in partnership with Stephen Downie of Francis Wilks & Jones.

This Practice Note explains the circumstances which qualifies income, remuneration or benefits as income received via a disguised remuneration scheme (sometimes referred to as a tax avoidance scheme). It considers ITEPA 2003, ss 554A and 554AA, referred to by HMRC as the gateway to the disguised remuneration legislation. If the factors required by these sections are not present, there is no need to consider the rest of the legislation in ITEPA 2003, Part 7A. If the factors are present, the disguised remuneration regime may apply to the arrangement. This Practice Note was produced in partnership with Stephen Downie of Francis Wilks & Jones.

This Practice Note focuses on the meaning of a 'relevant step' for the purposes of the disguised remuneration rules. A relevant step is required if an income tax charge is to be imposed under these rules. This Practice Note was produced in partnership with Stephen Downie of Francis Wilks & Jones.

This Practice Note is about the charge to income tax under the disguised remuneration rules, and who is responsible for paying it. It explains that the charge arises on the value of the ‘relevant step’, and describes how that value is quantified. This Practice Note was produced in partnership with Stephen Downie of Francis Wilks & Jones .

This Practice Note sets out the main exclusions from the disguised remuneration rules, including exclusions for tax-advantaged share schemes, unapproved share schemes, employment-related securities and other relieving provisions. This Practice Note was produced in partnership with Stephen Downie of Francis Wilks & Jones.