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Payments made into employee benefit trusts constitute taxable income

A Tribunal recently ruled that payments made for work into a third-party trust constitute immediate employment earnings. This decision effectively precludes employers from using loan-based structures to obfuscate remuneration.

Mr. Jack was employed by an offshore company based in the Isle of Man while living and working in the UK. Under this arrangement, the fees paid for Mr. Jack’s services were split into a modest basic salary and an employee benefit trust (EBT), which would then advance these funds to Mr. Jack in the form of interest-free loans. Because these payments were categorised as loans rather than salary, they were not initially reported as taxable employment income.

Following an enquiry into Mr. Jack’s self-assessment return, HMRC issued a closure notice concluding that the £48,034 transferred to the EBT actually constituted “redirected earnings” and was, therefore, taxable as employment income under Section 62 of the Income Tax (Earnings and Pensions) Act (ITEPA) 2003. Mr. Jack appealed, arguing that a significant portion of the funds should be exempt from tax since he had repaid approximately £23,479 of those loans in April 2011.

The Tribunal upheld HMRC’s closure notice and applied the Supreme Court’s decision in RFC 2012 plc. The Judge held that, when money was paid into the EBT for work done by Mr. Jack, it effectively became taxable employment income at that exact juncture as “redirected” earnings. Mr. Jack’s argument that he had “fixed” the tax issue by repaying the loans was also rejected, as the tax charge arose on the transfer to the EBT, and anything that happened to the money afterwards did not affect the tax already owed for the 2010/11 tax year.

This ruling confirms that the legal characterisation of a relationship or a payment in a contract is secondary to the reality of the work performed. Care must be taken when creating structures to minimise tax burden and maximise profits, as the full amount transferred to a trust could be seen as ‘earnings’. Based on the Rangers case, if money is paid in return for services, it constitutes remuneration. On the other side of the coin, if a court views a loan as salary, it may also come to view the recipient as a worker who is entitled to full statutory rights.

Turning waste disposal into an income stream

For many businesses, waste disposal is seen purely as a cost, an unavoidable expense required to stay compliant and keep operations running smoothly. However, there is growing interest in the idea that waste, when managed differently, can become a modest but meaningful source of income rather than a drain on resources.

The starting point is recognising that much commercial waste still has value. Materials such as metals, cardboard, plastics, glass, and certain by-products can often be separated and sold for recycling. While individual returns may appear small, the cumulative effect over a year can offset disposal costs and, in some cases, generate a surplus. This is particularly relevant for manufacturing, construction, hospitality, and retail businesses where waste volumes are high.

Technology and data are also playing a role. Improved tracking of waste streams allows businesses to understand what they are throwing away, how often, and at what cost. With this information, processes can be redesigned to reduce waste at source or to segregate materials more effectively. Cleaner, well-sorted waste commands higher prices and attracts a wider range of recycling partners.

Energy recovery offers another potential income stream. Organic waste can be converted into biogas through anaerobic digestion, while some non-recyclable materials can be used in waste-to-energy facilities. Although these solutions often require collaboration with specialist providers, they can reduce landfill charges and create long-term savings or revenue-sharing opportunities.

There is also a reputational benefit. Customers, investors, and supply chain partners are increasingly focused on sustainability. Businesses that can demonstrate circular practices may find it easier to win contracts, attract investment, or justify premium pricing.

Turning waste into income is unlikely to replace core trading profits. However, with careful planning and realistic expectations, it can reduce costs, support environmental goals, and create incremental value. In a tighter economic climate, even small efficiency gains can make a noticeable difference to overall business performance.

The rise of the silver economy

The term “silver economy” is used to describe the growing economic activity linked to an ageing population. In the UK and across much of the developed world, people are living longer, healthier lives. This demographic shift is reshaping consumer demand, labour markets, and public policy, and it is creating both challenges and opportunities for businesses.

By 2040, nearly one in four people in the UK is expected to be aged 65 or over. Unlike previous generations, many older adults have higher levels of wealth, remain active for longer, and expect products and services that support independence, wellbeing, and quality of life. This has driven growth in sectors such as healthcare, home adaptations, financial planning, leisure, and technology designed for ease of use rather than novelty.

Financial services are also evolving. As people spend more years in retirement, there is greater focus on retirement planning, later-life lending, equity release, and inheritance planning. Businesses that can offer clear, trusted advice in these areas are well placed to benefit.

Importantly, the silver economy is not just about consumption. Many older individuals continue to work, volunteer, or run businesses well beyond traditional retirement age. Flexible working, part-time roles, and consultancy work allow experience and skills to remain within the economy for longer.

For policymakers and businesses alike, the key challenge is to adapt. Those who recognise the diversity, spending power, and contribution of older generations will find that the silver economy is not a burden, but a significant and growing source of economic value.

Construction Industry Scheme: tackling fraud

Tackling fraud in the Construction Industry Scheme (CIS) was one of the measures addressed in the recent Budget. The changes are intended to allow faster intervention where fraud is suspected, while also simplifying certain administrative aspects of the CIS.

From 6 April 2026, HMRC will be able to act immediately where a business makes or receives a payment that it knew, or ought to have known, was connected to fraud. In these cases, HMRC will have the authority to withdraw Gross Payment Status (GPS) straight away, assess the business for any related tax loss and impose penalties of up to 30%. Penalties may apply to the business itself or, in some circumstances, to its officers. Where GPS status is removed due to fraud or serious non-compliance, the business will also be prevented from reapplying for five years, a significant increase from the current one-year restriction.

The government also announced plans to simplify the operation of the CIS. Planned changes include exempting payments made to local authorities and certain public bodies from the scheme and reinstating the requirement for contractors to submit nil returns. These measures are expected to take effect from 6 April 2026, following a period of technical consultation.

The CIS applies special tax and National Insurance rules to construction businesses, with contractors generally required to deduct tax from payments made to subcontractors. Deduction rates depend on whether the subcontractor is registered and whether they hold GPS, which allows payment without deductions.

Scottish Budget Statement 2026-27

Scotland’s Finance Secretary, Shona Robison delivered her third Budget statement to the Scottish parliament on 13 January 2026. This is the final Budget before the Holyrood elections due to take place in May.

There were no changes announced to the Scottish Income Tax rates. Following the UK Government’s extension of personal tax threshold freezes, the Higher, Advanced and Top rate thresholds will also remain unchanged until 2028–29. The Starter rate band is set to increase by 40.3% and the Basic rate band by 13.6% in 2026-27. This means that a larger portion of people's income will be taxed at the starter and basic rates helping to protect lower income households.

The Scottish rates and bands for 2026-27 are as follows:

Starter rate – 19%

£12,571 – £16,537

Basic rate – 20%

£16,538 – £29,526

Intermediate rate – 21%

£29,527 – £43,662

Higher rate – 42%

£43,663 – £75,000

Advanced rate – 45%

£75,001 – £125,140

Top rate – 48%

Above £125,140

The standard personal allowance remains frozen at £12,570. 

No changes were announced to the residential and non-residential rates and bands for the land and buildings transaction tax (LBTT). The standard rate of Scottish landfill tax will rise to £130.75 per tonne and the lower rate to £8.65 per tonne from April 2026 maintaining alignment with the corresponding taxes in the rest of the UK. It was also announced that new council tax bands will be introduced from April 2028 for residential properties valued at £1m more. The Budget measures are subject to final approval by the Scottish parliament.