Although the disguised remuneration rules are widely acknowledged as being primarily aimed at a relatively limited class of structures HMRC's attempts to future-proof the legislation have really upset the applecart. Even after the dubious benefit of HMRC's FAQs it is likely that businesses and their advisers will continue to find apples that they had considered safely ensconced are in fact rolling away. At the risk of taking the metaphor too far let us look briefly at a few off-shore apples (perhaps some rare and foreign breed?).
It's important to remember that the rules/FAQs do not exclude off-shore planning per se and some such structures may be completely unaffected; however they will certainly require deeper consideration. Chief amongst those affected are the employer financed retirement benefit schemes and employee benefit trusts (EFRBS and EBTs) which prompted HMRC to take action in the first place.
The...
