Earlier this week, AccountancyLive reported that there has been a 160% rise in the tax take from HMRC’s investigations into payroll tax avoidance and the use of employee benefits trusts (EBTs) for the payment of salaries and bonuses to the top earners at some of the UK’s biggest companies, according to analysis by law firm Pinsent Masons.

Pinsent Masons says its calculations show HMRC investigations into payroll irregularities brought in the staggering sum of £533m in extra tax in the last year, compared to £205m the previous year, amid “signs that HMRC is cracking down on the use of both EBTs and Employer Funded Unapproved Retirement Benefit Schemes (EFURBS) as a means of reducing tax liabilities”.

The law firm says HMRC has been trying to tackle the use of EBTs, which can also generate a claim for corporation tax deductions, for over a decade, but is now starting to make headway as a result of winning some high profile court cases and changes in tax legislation in 2010.

Ray McCann, partner at Pinsent Masons, said: ‘We expect even more activity by HMRC in the coming year as they look to close other loopholes with the aim of bringing in even more revenue in 2014. For companies with EBT schemes that have been called into question, time is running out. If they do not settle with HMRC they will face direct action and, if HMRC gets its way, far more severe penalties.’

McCann predicted that new penalties for pursuing appeals in hopeless tax avoidance cases announced in the Autumn Statement are likely to spur employers to reach early settlements, as HMRC is expected to invoke these against any remaining EBT schemes that appear reluctant to settle.

In a statement HMRC said: ‘We will not allow the abuse of employee benefits trusts (EBT) for tax avoidance purposes. The government has made almost £1bn available to HMRC to police the tax rules and we have specialist inspectors making sure any past abuse of EBTs is effectively challenged and the tax paid.’

 

Martin Pollins

Managing Director at One Smart Place
Martin Pollins is a Chartered Accountant and MBA with wide experience in corporate finance and business management. He has served on the boards of several companies, including those listed on the London Stock Exchange, AIM and OFEX. He is Chairman and Founder of OneSmartPlace and was a Council member of the Institute of Chartered Accountants in England and Wales from 1988 to 1996. He was managing partner of PRB Martin Pollins, based in Sussex, the first Accountancy firm to advertise on British television.He went on to create and launch the CharterGroup Partnership (the UK’s first Accountancy network) and then LawGroup UK (at the time, one of the largest networks of lawyers in the UK). In recent years, he helped to raise several £millions to fund British films such as The Da Vinci Code, Bridge of San Luis Rey, Head in the Clouds and Merchant of Venice with actors such as Charlize Theron, Robert De Niro, Al Pacino, F. Murray Abraham. Kathy Bates, Gabriel Byrne, Geraldine Chaplin, Tom Hanks, Ian McKellen, Audrey Tautou, Penélope Cruz, Steven Berkoff, Lynn Collins, Jeremy Irons, Joseph Fiennes and many more.

He has written over 700 business publications (see Glossaries at http://onesmartplace.com/resources/glossaries/) and is editor of Better Business Focus (see http://onesmartplace.com/resources/better-business-focus-magazine). His Blog, on a wide range of subjects can be found at: http://onesmartplace.com/blog/
Martin Pollins

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