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LONDON DAILY ARCHIVE

Government's Loan Charge Review Met With Criticism From Campaigners

Campaigners reject the UK's review of the loan charge, labeling it as insufficient and misleading.

25 January 2025 · 08:30 UTC

The UK government has initiated an independent review into the controversial loan charge policy, a measure designed to address tax avoidance, but the review has been met with strong criticism from campaigners who have labeled it as ineffective.

The loan charge, introduced to recoup backdated taxes, has placed many freelancers under significant financial pressure.

In a statement on Thursday, Treasury Minister James Murray announced that the review will examine obstacles hindering individuals from settling their dues with HM Revenue and Customs (HMRC), with a focus on encouraging compliance.

However, the government's stance that the loan charge is justified remains unchanged.

This stance has prompted the Loan Charge Action Group, a prominent opposition body, to denounce the review as a 'sham' and a 'complete betrayal.'

Steve Packham, founder of the Loan Charge Action Group, criticized the review for not examining the fundamental setup of the loan charge policy or the parties responsible for promoting tax avoidance schemes.

He highlighted the failure to address the root causes of the issue.

The loan charge policy followed the 1999 introduction of IR 35 by the Labour government, which aimed to classify self-employed freelancers as employees, subjecting them to National Insurance duties.

In response, many freelancers enrolled in schemes, typically involving payments to offshore entities that were loaned back, ostensibly as non-repayable loans, to avoid taxes.

Following the closure of this loophole, the Treasury established the loan charge to recover unpaid taxes.

HMRC estimates that around 50,000 individuals are affected by this measure.

In his announcement, Minister James Murray stated, 'The government believes that it is right that those who did not pay the right amount of income tax and National Insurance are required to resolve their affairs with HMRC.' Despite acknowledging concerns over the size of payments and individuals' ability to meet them, the review aims to offer resolution and ensure fairness, with an appropriate support framework in place.

The review, set to be led by Ray McCann, a former President of the Chartered Institute of Taxation, is expected to deliver findings by summer.

Judith Freedman, an Oxford University professor specializing in tax law and policy, expressed confidence in McCann's capability for the task, describing him as well-suited to address the challenges presented by this matter.

Conservative MP Greg Smith, co-chair of the Loan Charge All Party Parliamentary Group, criticized the review's scope, calling it inadequate and emphasizing the group's commitment to securing a more thorough inquiry.