Disguised Remuneration: Employee Benefit Trusts (EBT'S) and Employer Funded Retirement Benefit Schemes (EFURBS)

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On December 9, 2010 the Government introduced proposals (with draft legislation) intended "to tackle arrangements involving trusts or other vehicles used to reward employees, which seek to avoid or defer the payment of income tax or national insurance contributions".

While this is only draft legislation at this stage (with comments to be received by February 9, 2011), it is likely that the proposals will be introduced and will come into effect from April 6, 2011. There are anti-forestalling provisions which are introduced to prevent steps being taken after December 9, 2010 and before April 6, 2011.

Nonetheless, there may be opportunities which exist for certain planning steps to be taken before April 6, 2011 which may prove effective, though the final form of the legislation may restrict these opportunities.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Richard Milner | Attorney Advertising

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