HMRC Loan Charge / Remuneration Trust Advice

Strategic advice for taxpayers considering HMRC’s revised settlement opportunity under the new legislative framework

  • In many cases, individuals entered such arrangements following professional advice and without anticipating the extent of HMRC’s subsequent challenges to these structures

  • Penalties and interest charges run into the high six-figures in many cases

  • HMRC’s evolving settlement and enforcement approach has materially altered the strategic landscape. Careful reassessment of litigation risk, settlement position, penalties and long-term strategy may therefore be important for affected professionals and their advisers.

HMRC’s revised settlement framework may materially reduce the liability of certain taxpayers with outstanding loan charge or remuneration trust exposure.

Remuneration trust arrangements were widely marketed for many years to incorporated professionals, including dentists, healthcare practitioners and practice owners seeking tax-efficient structures.

However, whether the revised settlement terms should be accepted depends on careful legal and accounting analysis. Entering settlement without strategic review may result in unnecessary overpayment (where it is arguable that HMRC are out of time to assess previous years) or the loss of viable litigation arguments (such as penalty assessments being unwarranted or unreasonable).

Legislative Position

Following the enactment of the Finance Act 2026 and the implementation of regulations to be made setting out HMRC’s revised loan charge settlement framework, certain taxpayers may now be eligible for settlement on materially revised terms.

The revised framework may alter the position for taxpayers with historic remuneration trust / loan charge arrangement exposure by permitting liability to be reassessed on a basis different from the historic 2019 loan charge methodology.

(In Baxendale-Walker v HMRC [2026] UKFTT 676 (TC), the Tribunal considered issues arising in the context of bankruptcy and granted HMRC’s application to strike out an application for closure notices relating to open enquiries in the tax years in question. The decision reflects the importance of careful strategic reassessment, and indeed common-sense, where financial exposure remains unresolved in the tax avoidance context).

Potential features of the revised framework may include:

  • liability recalculated by reference to historic tax years

  • deductions for historic promoter fees

  • further reductions where applicable under the revised framework

  • write-off of certain interest and inheritance tax elements

  • structured payment arrangements with HMRC

When Strategic Advice Is Most Valuable

Strategic review is commonly required where:

  • HMRC has issued or threatened assessments

  • the taxpayer has historic remuneration trust / loan scheme use

  • prior settlement discussions stalled under the previous framework

  • penalties remain in dispute

  • the taxpayer wishes to compare settlement against litigation

  • Peace of mind and closure now contain real value

My Approach

I advise on the matter as a barrister and advocate for your cause.

 The objective is to determine:

  • whether the revised framework properly applies

  • what HMRC can lawfully demand

  • whether settlement is preferable to litigation

  • whether penalties or behavioural assumptions may be challenged

  • the strategy most likely to achieve final resolution

The application of the revised framework depends on the factual and procedural position of the individual case. A taxpayer may materially overpay if settlement is entered into without proper forensic analysis.

Fixed-Fee Strategic Reassessment

A number of high-value RT cases have been successfully settled. For suitable matters, I offer a structured fixed-fee strategic reassessment.

This generally includes:

  • review of assessments and HMRC correspondence

  • reconstruction of liability under the revised framework

  • comparison of settlement and litigation outcomes

  • analysis of penalty exposure

  • written strategic advice and recommended next steps

Enquiries

Enquiries may be made using the contact form below. (Or email michael.paulin@1cor.com for a confidential initial discussion)