Addressing the Loan Charge with a Judicial Review
Introduced in the Finance Act 2016, the Loan Charge is a tax charge on any outstanding loans deriving from the use of disguised remuneration (DR) schemes. DR schemes usually involved the remuneration of individuals (directors/shareholders or their family members) through third party loans or payments, which were then unlikely to be repaid. Designed as tax avoidance schemes, any such loans taken after 5 April 1999 and not repaid by 5 April 2019 were treated as taxable income retroactively – a decision met with anger by taxpayers and tax specialists alike. Despite public backlash, HMRC remained firm and outlined that affected taxpayers must repay outstanding loans in full or agree settlement terms with HMRC, if they wanted to avoid the Loan Charge. If neither options was taken, then taxpayers were advised by HMRC to report and pay the Loan Charge. Consequences of the Loan Charge review Following mounting pressure, the Chancellor commissioned a review into the Loan Charge to consider if the policy was an appropriate way of dealing with DR loan schemes. Led by Sir Amyas Morse, the review was completed at the end of last year, and recommended the following: The Loan Charge should not apply to loans entered into before 9 December 2010: Unprotected Years arising from loans entered into on or after 9 December 2010, where the taxpayer had made reasonable disclosure of their scheme usage to HMRC and HMRC did not open an investigation, should be out of scope of the Loan Charge HMRC should refund the Voluntary Restitution elements of settlements made since 2016 that were paid to settle Unprotected Years when the relevant loans were entered fell into one of the recommendations above. Once the recommendations were approved by the government, draft legislation was implemented in late January 2020. Subsequently, the Finance Bill was passed and the HMRC published related guidance on the same day. Whilst the Finance Act 2020 deals with circumstances where settlements have been agreed with HMRC for loans no longer “caught” by the Loan Charge, it does not address situations where individuals have taken steps to repay outstanding loans in reliance on HMRC’s guidance and in fear of the Loan Charge. Judicial Review Allowing the courts to examine decisions made by public bodies, like HMRC, Judicial Review ensures those in positions of trust are acting lawfully. On the application of a party with sufficient interest in the case, the court will conduct a review of the process which HMRC followed to reach its decision and assess whether or not that decision was validly made. There are four grounds on which a Judicial Review can be pursued, including illegality, irrationality, procedural unfairness and legitimate expectation. After complying with the pre-action protocol for Judicial Review, the taxpayer may be forced to issue proceedings. The claim form must be issued no later than three months after the relevant decision and accompanied by various documents. The Court will then consider and assess the Judicial Review and decide whether to permit or refuse the claim. Proceed with caution… Some taxpayers have benefited from the Review and amendments made to the legislation by the Finance Act 2020. However, those who have repaid their DR loans following HMRC’s guidance will feel they have not been protected. For those taxpayers who followed the process outlined by HMRC, they now find themselves in a worse position, with vital funds stuck in their trust, with fees accruing. With any method of extraction resulting in further tax liabilities, Wright Hassall’s Judicial Review is in place to challenge HMRC’s current position and address ongoing issues.
Play solutions from Huck make all play areas an adventures
Huck Nets based in Bridport, Dorset manufacture and supply an extensive range of innovative rope and net play equipment for outdoor and indoor play areas. The diverse range has been designed to encourage children of all ages and capabilities to be active and, most importantly, have fun. Our climbing towers, bridges, tunnels, hammocks, trampolines and swings are available in all shapes and sizes to give extremely varied adventure landscapes. Hang our cargo climb nets anywhere to make an ordinary play area into a fun zone! Four popular items that can turn your outdoor play area into a must visit destination for all ages and capabilities are: 1.The Trio Brids Nest Swing Frame enables you to attach a variety of different swing options https://www.huck-net.co.uk/playground-equipment/birds-nest-swings-swing-seats_13472/ 2. The wheelchair friendly trampoline https://www.huck-net.co.uk/playground-equipment/search/?q=trampoline 3. the Bird’s nest tree – children just love to climb https://www.huck-net.co.uk/playground-equipment/birds-nest-tree-series_13448/ 4. The rope-end swinger suitable for all ages. https://www.huck-net.co.uk/search/?q=rope+end+swinger All are available to purchase separately, view the whole range at https://www.huck-net.co.uk/playground-equipment/ Alongside, we offer a full installation and maintenance service for new and existing outdoor and indoor play areas. Our team will carry out simple repairs to netting, replace worn-out netting and/or equipment, or can work with you to completely refurbish the play area. If you would like to know more or discuss a specific requirement please call Sarah Reynolds on 01308 425100 or email enquiries@hucknetting.co.uk
Outstanding’s opens UK Glamping showroom
Times have been crazy, COVID19 brought uncertainty to everyone in the holiday industry. However, the resilience of the industry make James and Suzie King proud. As Glamping advisors for Outstanding, supplier of safari tents, they stayed in touch with their customers on a daily base over the past months. “Off course, I wish they didn’t have to, but the way campsites and holiday parks make the necessary adjustments makes me proud.” James says. “They are doing the best they can, all to ensure that they can welcome their guests and give them the holiday they deserve. That is something I think bodes well for a positive future for our industry.” The benefits of glamping during Corona Both James and Suzie look to the future in a positive light. “The many advantages of glamping are proving themselves now!” Suzie says. “Where better to spend a holiday during Corona than in a safari tent?” She has a point. Most tents are located on spacious sites, have their own sanitary facilities and usually have their own kitchen and spacious dining area. No hassle with complicated walking routes through the toilet block and it is not necessary to eat outside the door, which makes it easy to avoid crowds. “Fresh air and ventilation are important factors to keep the virus out. Our safari tents have ventilation windows all around and even a breathable tent cloth! This way, guests experience all the benefits of being outside, despite being in a tent!” Sanitary safari tent Outstanding is known for its creativity and drive for innovation. Also in these uncertain times they have proven themselves to be real problem solvers. They have gotten busy making their brand stronger and improving their product range. During the lockdown they have developed a Sanitary tent. A creative solution to add private sanitary facilities to a campsite within 4 weeks. “Like said before, glamping during Corona has its benefits.” James says. “However, we spoke to several campsite owners that have bought safari tents without sanitary in the past. While communal sanitary facilities had to stay closed, they weren’t able to welcome guests in the tents. That is why we decided to transform our two-person safari tent into a special sanitary edition. The sanitary tent could be placed next to the safari tents serving as an external but still private bathroom. A ready-made bathroom with vinyl floor, a toilet, a washbasin and even a shower cabin!” If that isn’t the best example of their positive mind and solution-oriented character, we don’t know what is! New Glamping Show Village in Melbourn How James and Suzie spend their days during lockdown? By building up their Outstanding outdoor showroom. All uncertainty didn’t prevent them from acting. “To wait and see was not an option.” James says. “We were in full preparations to open our brand new showroom in Melbourn. In the past months we have built our Glamping Show Village with our own hands. My wife Suzie, our son and I decided to roll up our sleeves, stayed focused and it paid off. We opened our outdoor tent display in June, all visitors are pleased with the result and so are we!” he says proudly, and rightly so. The site is Britain’s first multiple tent display and it looks wonderful. Visitors get the opportunity to view the glamping tents and to ask James and Suzie about all benefits that glamping offers. Suzie is more than happy to give us a brief tour through the very diverse glamping tents. Starting with their smallest tent. “Our XS Safari tent is the perfect hiking tent. This way, guests who only stay one night can still camp in luxury. But it’s also a great choice when there are a lot of children on the camping site? It’s more fun for them to have their own glamping tents. And for the campsite owner, the XS safari tent is a great investment because of its low price.” Suzie speaks enthusiastically, while she walks on to the next safari tent, the biggest one on site. The clipped gable roof and the entrance immediately stand out. The special design and the large windows give it a unique look. “This is our Safari Cottage, one of our latest models and an absolute eye-cather! Our Safari Cottage is characterised by classical elements. This is a safari tent with a very individual appearance – if you’re familiar with roof structures, you’ll have noted that we’ve been inspired by the traditional gable style. But this safari tent is not just differentiated by its classic good looks. It’s more spacious than the other safari tents because of its unique size. The Cottage has an indoor surface area of 5.5 to 6.5 metres. In addition to looking beautiful and unique, this model is very efficient and functional in the context of layout!” Last but not least Suzie walks us to a medium sized safari tent with big windows. The Compact safari tent. “This one here, got its name for a reason.” She explains. “With an internal width of 4 metres, the Compact is narrower than most safari tents. If lack of space is an issue or campsites want to make optimal use of the space they have, this tent is the perfect solution.” It has all the essentials for luxury camping: kitchen, bedrooms and a terrace. This tent is perhaps a bit narrower and lower but still looks large due to the large windows in the front. You can visit www.outstandingtent.co.uk/discover-our-glamping-tents/ to make an appointment. James and Suzie are happy to guide you around which is without a doubt the best way to discover their Glamping tents and to find out why Outstanding is called market leader in design and quality!
How insurance specialists have been supporting parks during lockdown
When the Prime Minister announced that everyone must stay at home on March 23rd, within days, thousands of holiday parks closed their gates and sent owners home. The industry was dealing with unprecedented challenges and the Leisuredays insurance team quickly switched to crisis management mode. Holiday home owners still needed insurance cover (as per park rules) even though they couldn’t use their property – in fact Leisuredays stats show that 90% of claims would occur regardless of whether a unit was occupied or not, often due to storms or floods. Their contact centre function moved into their Advisers’ homes and with significant and rapid investment in a new phone system and IT infrastructure, Leisuredays were able to continue to service their customers seven days a week and until 8 pm on weekdays, as well as online via their 24 secure quote and buy system. “It was a challenge to relocate more than 100 members of our team to home, but our IT team and disaster plan worked extremely well,” said Gareth Walker, Head of Leisuredays. Working through lockdown Leisuredays did see policy growth slow in April and May, but with home working for their Business Development Managers the norm, they were able to use digital platforms, such as Microsoft Teams, Zoom and even Whats App video calls to replace their usual face-to-face meetings. Gareth said communication was key and they kept their park partners up-to-date with insurance news on how they were supporting their business and their customers via regular email bulletins. Frequently asked questions about COVID-19 were added to their website to cover common queries. Plus, a new online claim reporting form and renewals web portal that enabled customers to report any non-urgent claims as well as renew and pay for their insurance policies instantly with a few clicks, proved to be a great success. Putting parks first The Leisuredays Business Development Managers are safe to travel to those parks that want to see them but recognise that many don’t want their customer insurance partner knocking on the door right now, and with smooth processes for introducing their customers to Leisuredays insurance, it’s just “business as usual”. “We’re able to renew and review our park insurance arrangements over the phone or via a video call as we appreciate operators and managers are so busy with sales, holiday bookings and keeping parks Covid-Secure,” said Gareth. Strong relationships built up with parks over the years put the Leisuredays team in good stead during lockdown. “As much as we’ve missed sitting down with our parks for a catch up, we look forward to celebrating the staycation success with them very soon,” said Gareth. Life after lockdown The Leisuredays Team has experienced high call volumes and enquiries since parks re-opened and together with their sister company Caravan Guard, they’re celebrating breaking through the 100,000 customers mark. Insurance claims have started to rise too as customers return to their units following lockdown, with a particular increase in damage caused by vermin – up 300 % compared to last year – as well as panel damage and flooding claims from March. The company’s passion for delivering brilliant customer experiences has not faltered during the pandemic, Leisuredays has achieved a 5/5 rating for service on review website Trustpilot and an “Excellent” trust score. Plus, they’ve been shortlisted for two UK Insurance Broker Awards. What’s more, despite disruption the business has maintained world class 90+ customer satisfaction (CSAT), scores as measured by its post call survey. “We’ve worked through this challenging period; improvements have made us stronger and an even better insurance choice for parks,” added Gareth. Holiday parks can also check for updates on policy renewals and cancellations via the Leisuredays Live system; refer customers to Leisuredays using a simple online webform and even order bespoke point of sale brochures and posters. “Our hassle-free, no admin insurance model is perfect for parks during this busy period as customers can set up their insurance cover by phone, seven days a week, or via our online quote and buy system at any time of the day or night. Our time saving approach to customer insurance is now more beneficial than ever for parks.” To speak to Leisuredays about your customer insurance arrangement email development@leisuredays.co.uk, call 01422 396 772, or visit www.leisuredays.co.uk/parkoperator.
Victory Leisure Homes Chief Executive stands down after 11 years at the helm
Caravan industry stalwart Peter Nevitt has stepped down as Chief Executive of Victory Leisure Homes after 11 years at the helm. Peter, who’s career in the industry spans 45 years, has led the company since its launch in 2009. His role will be taken over by James Doyle, main board director at Victory’s parent company, J.R. Rix & Sons Ltd. Mr Doyle has had overall main board responsibility for the manufacturer for the past two years. He said: “Victory Leisure Homes launched amid the chaos of the 2008/2009 financial crisis, a difficult time for everyone in business, but Peter didn’t let that phase him; he led from the front and never looked back. “We’re extremely grateful for all the energy and hard work he has put into creating the business and the Victory brand, and the new senior team are looking forward to building on those solid foundations.” Peter said he had had a fantastic time building the company, but felt the time was right to step down. He said: “I’ve had 11 wonderful years at Victory Leisure and enjoyed every minute. I’m proud of what we have achieved and what we have built in what is a relatively short period of time. “I know the company will go from strength to strength with a strong management team, great products and the backing of a well-funded, family business.” Mr Doyle added Peter would be missed around the Gilberdyke factory. “Peter’s experience and advice has been invaluable in building the company,” he said. “We’d like to say a huge thank you for all of his efforts and we wish him well in the future.”
Create a sense of reassurance and cleanliness with beautifully designed new guest bed linen & towels
The last few months have been challenging to say the least. Within the Holiday parks & leisure resorts there is now a need to build a reputation through safety, cleanliness and hygiene to help attract guests for what its anticipated to be a booming staycation market in 2020. In fact, according to Holidu, bookings for British holiday homes between July 1 and August 31 this year are already 156%* higher than in the same period last year. Savvy holiday providers are already taking stock of their perception of cleanliness to give guests a boost of confidence as business returns. Guests have good reason to want reassurances that their staycation room is clean and this includes all the home furnishings you’d expect in a guest room such as bed linen, throws, runners, towels, curtains and cushions. New, easy to care for textiles are the perfect choice that offer items that are washable at a hygienic temperature but also look great through distinctive design. Bed linen which is made from high quality naturally luxury fabrics such as linen or cotton may help provides guests with not only a better night’s sleep but that additional peace of mind. These fabrics are breathable, soft, durable and also have other benefits such as anti-bacterial properties. Obviously, the ‘classic’ style of bed linen when is usually white or cream however, many savvy UK park operators are exploring new themes, designs and colours to complement their unique surroundings (which makes sense as guests have stayed in the UK to admire their surroundings.) Using decoratively designed bed linen could be a great distinguishable selling point of booking with you above that of your competitor. Towels are another staycation commodity which guests will want reassurances for. New towels create a sense of cleanliness and guests often want these regularly as they are seen as ‘fresh’. Whether face, hand or bath towels, choose a quality 500+ GSM which will provide softness and absorption. But why not choose something a bit fancier than the standard white towel guests expect? Make a statement to your guests with vibrant, welcoming colours and explore designs that will enhance your guest’s staycation experience. Portfolio Home are one of the UKs leading home textile product suppliers. We work with holiday parks, caravan sites, hotels, holiday lets and B&Bs to bring you the biggest and best selection of trending decorative cushions, throws and bedding at fantastic wholesale prices. Shop our whole range by requesting a brochure simply visit www.portfoliohome.com or email info@portfoliohome.com
