HMRC have released details of a letter sent to the Loan Charge All Party Parliamentary Group which includes details of key dates, anonymised case studies and settlement statistics and deadlines.

On 5 April 2019 the Loan Charge  will apply to all outstanding disguised remuneration, self-employed and contractor loans taken out since 1999, unless a settlement is in progress with HMRC before that date.

In the documents HMRC reveal that more than 20 individuals have been convicted for offences relating to the promotion and marketing of tax avoidance schemes since 2016, who have together received over 100 years of custodial sentences.

The documents also include some useful information about the loans charge and about settling with HMRC: 

Anyone who is uncertain about whether the loan charge applies to their scheme may find the anonymised case studies provided by HMRC useful.

Comment:

We are aware that some individuals have recently received letters from HMRC asking for details about their participation in loan schemes during the current tax year, presumably to ensure that they are in a position where they have sufficient information to allow them to assess the loan charge and penalise those who fail to report their loans. These should not be ignored as in many cases they have been issued as Schedule 36 notices  which come with penalties for failure to provide the information requested within the deadlines set by HMRC.

With penalties for late reporting of the loan charge starting at £300, and with inaccuracies being penalised at up to £3,000 per error, scheme users who are not settling their schemes should start thinking about how they are going to meet the loan charge reporting requirements now.

Links to our guides:

Disguised Remuneration
A guide to everything you need to know about disguised remuneration schemes, the loan charge, and how to reach a settlement with HMRC.

FAQs for disguised remuneration settlement
This guide looks at Frequently Asked Questions for settling Disguised Remuneration schemes. The FAQs relate to EBTs, EFRBS and contractor loan schemes (employed and self-employed).

Disguised remuneration final settlement opportunity
A detailed guide to the November 2017 final settlement opportunity for all disguised remunerations schemes.

External link:

HMRC Correspondence and annexes sent to Sir Edward Davey in respect of disguised remuneration loan schemes and the loan charge.