HMRC has issued Spotlight 42, Contractor loan schemes: misleading advertising. This followed a ruling by the Advertising Standards Authority (ASA) that a promoted contractor loan scheme was misleading.

Following on from HMRCs successful use of the ASA in a previous ruling, see Spotlight 40: Income trust schemes: misleading advertising, HMRC have again successfully obtained an ASA warning against a specific scheme being promoted by a specific advisor.

Under the scheme, advertised as a contractor loan scheme which could enable someone to “take home up to 92% of your pay”:

HMRC advise in the spotlight, that loans like this are to be treated as normal income. See Disguised Remuneration.

The ASA ruled that the claims made around the scheme are misleading and must be withdrawn:

In the ASA hearing the advisor insisted that HMRC do not understand the scheme and that there were supporting judgements. The ASA concluded that there was not enough evidence provided to support this contention.

HMRC deem this ruling to set an example for other promoters about similar schemes.

An email address is provided for taxpayers who wish to get out of such schemes and do not already have a contact at HMRC.

Links

Our guides:

Anti-avoidance: HMRC's spotlights

Disguised remuneration

External link: HMRC's spotlight