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EBT HELL: Assignment Solutions Isle Of Man / Premier Tax Strategies / DMS

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    Email from Optimus

    Dear xxxxxxxxxxxxxx

    The The Assignment Solutions Limited Employee Trust Employees Benefit Trust (the “Trust”)

    Background

    You are a beneficiary of the Trust by virtue of your employment with Assignment Solutions Limited and during your employment with Assignment Solutions Limited you received various loans form the Trust. I am writing to you now because HMRC have enacted legislation which will give rise to a tax charge in respect of those loans should you take no action and any loans remain outstanding.

    The Loan Charge

    The legislation referred to above will, in simple terms, give rise to a tax charge where an individual has received a loan from a third party which can be linked to what HMRC describe as disguised remuneration tax avoidance schemes. The loans made to you by the Trust fall into this category.

    Where such a loan remains outstanding at the end of 5 April 2019 the value of the loan will be subject to PAYE and NICs. As we understand it the charge is initially taxable on the employer, however, as you were employed by a non-UK company HMRC would not be able to enforce the charge against the Employer. HMRC have made specific provision for this in the legislation and that provision allows them to transfer the PAYE and NIC liability to you. As mentioned above taking no action will result in a tax charge on you. In addition the charge will be a standalone charge and will not be linked to the underlying planning. Paying the charge will not settle any HMRC enquiry or finalise matters in relation to the underlying planning.

    The loan charge will not apply either where a settlement has been reached with HMRC or where the loan has been repaid in full with money prior to the end of 5 April 2019. If you have settled and confirmed such with the trustee please do ignore this email.

    Reporting Obligations

    You, the borrower, the trustee and the employer all have separate reporting obligations to HMRC in respect of loans outstanding at 16 March 2019, irrespective of whether they have been repaid by 5 April 2019. If you fail to report the loan charge information in the provided timescale or you provide inaccurate information HMRC have introduced a penalty regime. The trustee fully intends to meet its reporting obligations to HMRC.

    Next Steps

    It may be that you are fully aware of the potential charge, it may be that this is the first you have heard of it or, more likely, you are somewhere in between. The purpose of this email is firstly to make sure that you are aware and secondly to ask what your intentions in relation to the loan charge are.

    If you need advice and guidance as to what steps to take we, as trustees, are not qualified to give that advice but we do work with advisors and are able to make appropriate introductions. Alternatively if you have an adviser in place and have decided your course of action please do let me know.

    I look forward to hearing from you.


    Regards

    Brent Thomas
    Director

    Comment


      So Optimus is asking us to confirm with them whether we intend to a) repay the loan (?!!!??!!!) or b) settle with HMRC or c) do nothing?

      I paid an APN in 2015 rather than take up the initial CSLO as the APN was the lesser amount. But from what I understand of the LC it will be charged regardless of my payment on account / APN?

      Surely the payment of the APN is me meeting my tax obligations for the (enquiry) year? I believed it to be pretty much the end of the matter until the outcome of any litigation.

      Do we know whether the LC will be applied for every successive tax year after 2019?

      Thanks in advance for advice / opinion / info

      Comment


        Originally posted by MrsB1974 View Post
        So Optimus is asking us to confirm with them whether we intend to a) repay the loan (?!!!??!!!) or b) settle with HMRC or c) do nothing?

        I paid an APN in 2015 rather than take up the initial CSLO as the APN was the lesser amount. But from what I understand of the LC it will be charged regardless of my payment on account / APN?

        Surely the payment of the APN is me meeting my tax obligations for the (enquiry) year? I believed it to be pretty much the end of the matter until the outcome of any litigation.

        Do we know whether the LC will be applied for every successive tax year after 2019?

        Thanks in advance for advice / opinion / info
        A. Any APN payment made will indeed be set off against the loan charge. If the loan charge is higher though then the difference will need paying unfortunately.
        B. The loan charge is a one off charge.

        Feel free to call me or indeed any advisor and they will discuss the specifics of your case.

        Comment


          APN confusion

          Originally posted by phil@dswtres View Post
          A. Any APN payment made will indeed be set off against the loan charge. If the loan charge is higher though then the difference will need paying unfortunately.
          B. The loan charge is a one off charge.

          Feel free to call me or indeed any advisor and they will discuss the specifics of your case.
          Please could you clarify... my understanding is that APN's can only be used to DEFER the April 19 charge (until the original litigation is decided) and then only if the amount paid under APNs exceed the amount of the loans outstanding (which won't be the case for most people). Happy to be shown I'm wrong though...

          Comment


            Contact details for Optimus

            Can anyone provide an email address for Optimus? I realise I am coming to this rather late having not contracted for many years and only found out about HMRC action on contractor loans when I received a letter from them (HMRC). I've read the posts on this forum and it looks as though loans from Tenon were transferred to Optimus.

            Comment


              Originally posted by goldfish View Post
              Can anyone provide an email address for Optimus? I realise I am coming to this rather late having not contracted for many years and only found out about HMRC action on contractor loans when I received a letter from them (HMRC). I've read the posts on this forum and it looks as though loans from Tenon were transferred to Optimus.
              https://www.optimus.co.im/contact

              20 seconds on google
              Best Forum Adviser & Forum Personality of the Year 2018.

              (No, me neither).

              Comment


                ASIOM loans prior to Aug 2005 anybody?

                Hi All. Does anybody have ASIOM loans predating Aug 2005? Are they administered by Optimus, or another entity? Thx in advance.

                Comment


                  Originally posted by 100Steve33 View Post
                  Hi All. Does anybody have ASIOM loans predating Aug 2005? Are they administered by Optimus, or another entity? Thx in advance.
                  PM me.
                  Best Forum Adviser & Forum Personality of the Year 2018.

                  (No, me neither).

                  Comment


                    Hi

                    Any one had any luck with writing off ASIOM EBT debt?

                    Thanks

                    Comment


                      Originally posted by CKR View Post
                      Hi

                      Any one had any luck with writing off ASIOM EBT debt?

                      Thanks
                      Yes I have - feel free to DM me for details.

                      Comment

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