I wrote a big post about Offshore Employment Benefit Trusts (which is the vehicle being considered here), but it failed to post correctly and I lost it.
In short:
- They appear to be legal now but at a whim HMRC may declare them unacceptable avoidance, and could even backdate this.
- The taxable benefit on the loan is cumulative (i.e. you still pay tax in year 2 on the 'loan' you took in year 1, as well as the additional amount taken in year 2, so it's a diminishing relief.
- You become a creditor of the offshore employer and, if it fails, you will be chased to repay the 'loans' , possibly in full, leaving you with no income and a large debt.
- The loan is by definition 'repayable', so the employer could at a whim recall the loan, again leaving you to survive on minimum wage (the employer has to at least pay you minimum wage).
- If ever the loan becomes non-repayable (i.e. you keep the money without risk of forfeiture), you will be taxed on it in full. This is in addition to the taxes you have been paying on the 'loan' benefit. If this doesn't happen during your lifetime, it'll happen at death - a nice surprise for your children...