First published in Tax Journal on 6 March 2020.
HMRC has, for many years, sought to ensure that the rewards gained from employment are properly subject to income tax and NICs deducted by employers through the pay as you earn (PAYE) system. The disguised remuneration legislation, found in ITEPA 2003 Part 7A, was a warning to employers and promoters of tax avoidance schemes that the use of employee benefit trusts (EBTs) and other contrived remuneration structures to avoid, defer or reduce income tax and NICs liabilities would be strongly challenged. This article looks at the structure of the rules, the tax treatment which applies and the impact that the legislation has had on EBTs and remuneration planning.
