A spokesperson for the Chartered Institute of Taxation (CIOT) said that “We urge further reflection before the final legislation is introduced. The proposals are moving to taxing the form (involvement of a third party) rather than the substance (reward or loan in connection with the employment) of the arrangement. There are many hard edges which will mean that the legislation will have to be read very carefully to determine whether, in all likelihood inadvertently, the new PAYE/NICs triggers have been activated. Indeed, we foresee that many employers will need to approach HMRC to determine whether or not their current arrangements are affected. However we remain concerned that if discretion is left to HMRC to decide what arrangements are the right side of the line, and which are not then the position, will always be uncertain and subject to a change of HMRC view”
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