Demands for disguised remuneration scheme loan repayments

We have seen demands being made for people to repay loans, or purported loans, provided as part of disguised remuneration schemes. Disguised remuneration schemes saw people – often contractors, consultants and agency workers – paid for their work through loans instead of regular salaries as a way to avoid tax. HMRC has sought to tackle this tax avoidance through what has been termed the loan charge and published guidance for those affected.Questions have been raised about the regulatory status of these loans and whether they were ever intended to be repaid.Some of those affected dispute liability for the amounts being claimed and challenge whether the debts can be legally enforced. If they’re unenforceable, borrowers cannot be forced to pay the money back or have any of their assets seized against the debt without a specific order.Some consumers are, however being sent legal letters threatening potential court action and asking for immediate repayment of the loan. Repayment is being sought after these disguised remuneration loans were sold by the original provider to a third party.Those seeking payment may ask the FCA to agree to a Validation Order. This is the formal permission ne

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