HMRC have released additional guidance explaining how taxpayers using employment related disguised remuneration schemes can pay their loan charge direct.

The loan charge came into force on 5 April 2019 for all outstanding Disguised Remuneration loans taken out since 1999 where a Settlement had not been reached with HMRC (or was not in progress) by that date.

HMRC’s guidance also states that where the employer does not pay, and the loan charge income tax liability is transferred to the employee (under regulation 81 of the PAYE regulations), additional tax charges will apply.

This is because the loan amount will be treated as a net, not gross, amount. HMRC say that a regulation 81 determination will only be raised where other options, such as giving the employer time to pay, have been exhausted.

Employees who think their employer may not have paid the charge may be well advised to contact HMRC to establish their position rather than wait and see if a regulation 81 determination lands on their doorstep.

Links to our guides:

Disguised remuneration loan charge 

Disguised remuneration final settlement opportunity

FAQs for Disguised Remuneration settlements

External link:

HMRC guidance Report and account for your disguised remuneration loan charge