| 释义 |
disguised remuneration
Income tax is charged on income, plus a few capital receipts brought within the income tax charge by statute (such as a receipt on the termination of an employment). To avoid income tax, some employers entered into arrangements such as making an interest-free loan to an employee, with no expectation that the employee would repay the loan. In the Finance Act 2011 legislation was introduced to bring such an arrangement within the charge to income tax. However, it was not until the Finance (No. 2) Act 2017 that statute labelled the arrangements it sought to defeat as giving the employee “disguised remuneration”. “Disguised remuneration” is defined in broad terms as: “An arrangement [between A and B for which]…it is reasonable to suppose that, in essence,…the arrangement is (wholly or partly) a means of providing…rewards or recognition or loans in connection with A’s employment.” This definition has now been included in the Income Tax (Earnings and Pensions) Act 2003 s 554A. The question as to whether it is reasonable to suppose that “disguised remuneration” has been received was considered in Benson v HMRC [2017] UKFTT 707 (TC). |