Question to the HM Treasury:

To ask the Chancellor of the Exchequer, what steps he is taking to ensure that HMRC uses the rule of law rather than an opinion of fairness to determine what is payable for the loan charge.

Parliament has legislated the charge on Disguised Remuneration (DR) loans following the normal Parliamentary process.

DR schemes are contrived arrangements that pay loans in place of ordinary remuneration, with the sole purpose of avoiding income tax and National Insurance contributions. The loans are provided on terms that mean they are not repaid in practice, so they are no different to normal income and are, and always have been, taxable.

The charge on DR loans, legislated in Finance Act 2017, is a charge on DR loan balances outstanding at 5 April 2019. Its announcement at Budget 2016 provided scheme users with a three-year period to repay their DR loans, or to agree a settlement with HM Revenue and Customs (HMRC) before the charge takes effect.

HMRC’s role is to tackle avoidance and evasion, making sure people pay their fair share of tax and securing funding for our vital public services. Parliament has given HMRC the powers it needs to challenge businesses and individuals who do not pay their fair share, and it uses them responsibly and subject to appropriate checks and balances.