HMRC consults on restricting tax relief for banks' compensation payments

HMRC has published a consultation document on the detailed design of the government’s proposal to make banks’ compensation payments non-deductible for corporation tax purposes, for comment by 29 May 2015

Currently, customer compensation payments are generally treated as deductible expenses for corporation tax purposes, reflecting the fact that these payments are non-punitive and often the straightforward reimbursement of income upon which businesses have already been taxed.

However, the large compensation payments that banks have made in relation to the mis-selling of payment protection insurance (PPI) and interest rate hedging products (IRHP) have had a direct impact on banks’ post-crisis corporation tax payments.

As a result, the government says that existing tax rules in this area have become unsustainable.

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