Category Archives: EBT

EFRBS vs EBT

Written by Ben Tustin | 03rd Feb 2010 | Posted in EBT, EFRBS, Phoenix | 0 Comments

The simple answer to this is that the EFRBS is established under pension legislation rather than trust legislation and therefore added protection against investigation from HMRC is available providing that the administrator of the EFRBS manages it properly as a pension. If the pension fund is treated as a piggy bank by the member this opens up a number of avenues of inquiry from HMRC and that is why we at Marlborough ensure that pension rules are adhered to and the arrangement is not abused in any way.

EBT Risen from Dead and Wandering Streets

Written by Ben Tustin | 10th Jun 2006 | Posted in EBT | 0 Comments

EBTs are once again doing the rounds and sucking the life out of corporation tax. How so? Because post Dextra and FA 2003 Sch. 24 the corporation tax deduction is only disallowed if there is a TRANSFER to a THIRD PARTY for EMPLOYEE benefit.

1. What constitutes a transfer? Planning can be done here

2. Why have a third party in the first instance?

3. Oddly the law does not apply to related parties of the employee