ECH17035 - Directors: Recovery by Class 1A and Class 2 Settlement


When omissions of expenses and benefits in respect of directors are discovered it is Departmental policy to settle the duties arising with the director personally, by means of a negotiated contract settlement.

Contract settlements with individuals are referred to for accounting purposes only as

  • Class 1A settlements for culpable duties up to £40,000 and
  • Class 2 settlements for culpable duties exceeding £40,000

Directors may be liable to penalties for the submission of incorrect or late personal tax returns ECH17025.

If the company, rather than the director, settles the duties due, there would be a perception that directors were being relieved of their statutory responsibilities.

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Note

Omissions of expenses and benefits for directors typically arise in 'close company' situations. In these situations directors can be instrumental in arranging untaxed rewards. (This text has been withheld because of exemptions in the Freedom of Information Act 2000)

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