A small but important amendment to Incorporation Relief was included in the Autumn 2025 Budget, and many businesses may not yet be aware of its implications.
Following Ray McCann’s review of the Loan Charge and the recommendations set out within it, HMRC has now started to contact taxpayers who fall within scope of the new settlement terms.
In November HMRC announced further details of its Strengthened Reward Scheme, following similar initiatives overseas. The scheme offers significant financial rewards for individuals who report serious tax avoidance or evasion.
Following the budget last week, HMRC published both Ray McCann’s review of the loan charge, and the government’s response, confirming that there will be new settlement terms offered to individuals caught by the loan charge in the new year.
*We have now seen a number of settlement proposals from HMRC in relation to Employee Benefit Trusts, “EBTs”, where the deduction for Corporation Tax has been disallowed.*
*This is in line with the decision made in the case of Wired Orthodontics Ltd & Ors v HMRC \[2023] UKFTT 17 (TC), which concerned a PAYE assessment on funds routed through an EBT.*
The publication of Spotlight 63 in October [Property business arrangements involving hybrid partnerships (Spotlight 63) – GOV.UK (www.gov.uk)](https://www.gov.uk/guidance/property-business-arrangements-involving-hybrid-partnerships-spotlight-63) and the issue of “nudge letters” this month by HMRC to users of a “hybrid scheme” designed to benefit from lower corporation tax rates and unrestricted interest relief for landlords, looks to be the start of an awakening by HMRC to the abuses of incorporation relief in the property sector.
