If you are self-employed you may have a number of customers you go to regularly to work at their premises. This could apply to mobile hairdressers, cleaners, gardeners, and even medical professionals who work at private clinics. The miles you drive to reach each of your customers from your business base are used to calculate the amount of travel expenses you claim in your business accounts.
This is all good, but the Taxman has recently argued in a tax case that where the business is based at the person's home, that home-office can't be treated as the starting point for travel when the work is performed almost entirely at customers' properties. The Taxman has particularly challenged travel expenses claimed by doctors who work at private clinics and do not see patients at their home-office. The Taxman has tried to ignore the necessary preparation and report writing work the doctor has to perform at his home-office.
The Taxman has agreed that travel between customers is allowable, so the mobile hairdresser or cleaner who travels to several customers each day should be able to claim the majority of their travel expenses. However, travel from the home-office to say one private clinic and back home again is in question.
This doesn't mean you should stop claiming the cost of travelling to customers, but to head-off any challenge in the future, you should record every business related journey; where it started, number of miles and the reason for the journey - who were you seeing. Using an estimate of your total business mileage for the year is no longer an acceptable method of calculating your travel expenses. You should also record what part of your business you conduct at your home-office, such as preparing estimates or writing reports.
If you are concerned you may be affected, please contact us for advice.
Showing posts with label tax advice. Show all posts
Showing posts with label tax advice. Show all posts
Tuesday, 5 March 2013
Annual Payroll and RTI
Under real time information (RTI) PAYE reporting, a Full Payment Submission (FPS) report is required to be made to HMRC every time an employee is paid, not just once after the end of the tax year as is currently the case. RTI will be compulsory for most employers from the first pay date following 6 April 2013.
Many one-person companies may wish to pay the director just once a year and avoid monthly RTI reporting. If you want to do this, you must first check that your payroll software will cope with an annual payroll, as many main-stream payroll software packages do not.
The second stage is to understand what reports HMRC will require under RTI. An annual payroll must be registered with HMRC. The current advice on the HMRC website says: "If all payments on which tax and NICs are due are paid to your employees annually in a single tax month, you can ask HMRC to be treated as an 'annual payer'. You must use the same month every year, so if this changes or you start paying your employees more frequently, you will need to tell HMRC."
There should be more guidance on the HMRC website about annual payrolls soon. If you do not register the payroll as being annual you will need to submit an Employer Payment Summary (EPS) to HMRC every month, which shows nil payments made to the employee.
Where an employee is paid irregularly, i.e. less often than once a month, it is essential that the irregular payment marker is made in the payroll software against that employee, as otherwise the HMRC computer system may delete that person from the payroll.
If you want to pay yourself a regular amount every month, and minimise the RTI reporting hassle, your payroll software may allow you to prepare all the FPS returns for the entire year in advance. However, you must check whether your particular payroll software will do this. You won't be able to prepare monthly FPS returns for the entire year in arrears, those FPS reports must be done in advance or at the time of payment.
If you need any advice about RTI please contact us.
Many one-person companies may wish to pay the director just once a year and avoid monthly RTI reporting. If you want to do this, you must first check that your payroll software will cope with an annual payroll, as many main-stream payroll software packages do not.
The second stage is to understand what reports HMRC will require under RTI. An annual payroll must be registered with HMRC. The current advice on the HMRC website says: "If all payments on which tax and NICs are due are paid to your employees annually in a single tax month, you can ask HMRC to be treated as an 'annual payer'. You must use the same month every year, so if this changes or you start paying your employees more frequently, you will need to tell HMRC."
There should be more guidance on the HMRC website about annual payrolls soon. If you do not register the payroll as being annual you will need to submit an Employer Payment Summary (EPS) to HMRC every month, which shows nil payments made to the employee.
Where an employee is paid irregularly, i.e. less often than once a month, it is essential that the irregular payment marker is made in the payroll software against that employee, as otherwise the HMRC computer system may delete that person from the payroll.
If you want to pay yourself a regular amount every month, and minimise the RTI reporting hassle, your payroll software may allow you to prepare all the FPS returns for the entire year in advance. However, you must check whether your particular payroll software will do this. You won't be able to prepare monthly FPS returns for the entire year in arrears, those FPS reports must be done in advance or at the time of payment.
If you need any advice about RTI please contact us.
Thursday, 31 January 2013
Tax Schemes & Swiss Bank Accounts
Have you received a letter from the Taxman recently, inviting you to pay tax avoided by using a tax scheme or Swiss bank account?
The specific tax avoidance schemes involve one or more of the following:
- the manipulation of accounting rules;
- British film tax relief;
- artificial trading losses.
The Taxman believes these tax schemes don't work, but rather than go to the trouble and expense of proving this in the Courts, he is asking taxpayers to pay the tax they have avoided by using the scheme. This settlement offer does not include any attractive penalty terms or reduction in interest due. The only benefit to you is a quick resolution of your tax affairs without a drawn-out investigation which could potentially lead to a criminal prosecution. Only taxpayers who receive a specific invitation from the Taxman can take up this settlement opportunity.
The UK/Swiss tax agreement applies to bank accounts held in Switzerland by individual UK resident taxpayers which were open on 31 December 2010 and remain open on 31 May 2013. If the bank account holder does not instruct the bank to disclose details of the account to the UK tax authorities, the funds in that account will be subject to a one-off tax deduction that covers income tax, capital gains tax, inheritance tax and VAT liabilities, calculated on a formula based on the length of time the account was held and the rate the balance in the account increased over that period.
The taxman is writing to taxpayers who are known to hold Swiss bank accounts, to warn them that tax deductions will apply unless the relevant disclosures are made, and penalties of up to 150% of the tax due could be imposed. Note that if you opt for the one-off tax deduction, as opposed to full disclosure, you will not be protected from possible criminal prosecution.
If you have received either of these warning letters from the Taxman, please contact us immediately for advice.
The specific tax avoidance schemes involve one or more of the following:
- the manipulation of accounting rules;
- British film tax relief;
- artificial trading losses.
The Taxman believes these tax schemes don't work, but rather than go to the trouble and expense of proving this in the Courts, he is asking taxpayers to pay the tax they have avoided by using the scheme. This settlement offer does not include any attractive penalty terms or reduction in interest due. The only benefit to you is a quick resolution of your tax affairs without a drawn-out investigation which could potentially lead to a criminal prosecution. Only taxpayers who receive a specific invitation from the Taxman can take up this settlement opportunity.
The UK/Swiss tax agreement applies to bank accounts held in Switzerland by individual UK resident taxpayers which were open on 31 December 2010 and remain open on 31 May 2013. If the bank account holder does not instruct the bank to disclose details of the account to the UK tax authorities, the funds in that account will be subject to a one-off tax deduction that covers income tax, capital gains tax, inheritance tax and VAT liabilities, calculated on a formula based on the length of time the account was held and the rate the balance in the account increased over that period.
The taxman is writing to taxpayers who are known to hold Swiss bank accounts, to warn them that tax deductions will apply unless the relevant disclosures are made, and penalties of up to 150% of the tax due could be imposed. Note that if you opt for the one-off tax deduction, as opposed to full disclosure, you will not be protected from possible criminal prosecution.
If you have received either of these warning letters from the Taxman, please contact us immediately for advice.
Letting Relief Explained
If you have let a property which was once your main home, or was treated as your main home as you lived in job related accommodation, letting relief can help reduce the tax you pay on the eventual sale. This tax relief cannot apply to a buy-to-let property that has never been occupied by the owner.
The property must be let as residential accommodation, not as office space, or operated as a trade such as bed and breakfast. If only part of the property is let, that let part must not form a self-contained annexe such as a granny flat.
The tax relief for letting is given in addition to exemption from tax for gains arising in respect of any periods when you occupied the property as your main home. This exemption is also extended to cover the gain arising in respect of the last 36 months of ownership.
The letting tax relief is the lower of three amounts:
- The part of the gain exempt because it was used as your main home;
- the gain attributed to the let period; and
- £40,000 per owner.
Example
Julie owned a property for 13 years, but lived in it for only the first 18 months as her main home. After that it was let for ten years and remained empty before sale. The gain is £130,000 or £10,000 per year of ownership. The taxable gain is calculated as follows:
Capital gain before tax relief: £130,000
Exemption for main home for 18 months, plus last 3 years of ownership: £45,000
Relief for letting is £40,000 as is the lower of:
- £45,000 for period of residence or deemed residence
- 10 x £10,000 actual let period
- and £40,000 maximum lettings exemption
Net gain chargeable: £130,000 - £45,000 - £40,000 = £45,000
The property must be let as residential accommodation, not as office space, or operated as a trade such as bed and breakfast. If only part of the property is let, that let part must not form a self-contained annexe such as a granny flat.
The tax relief for letting is given in addition to exemption from tax for gains arising in respect of any periods when you occupied the property as your main home. This exemption is also extended to cover the gain arising in respect of the last 36 months of ownership.
The letting tax relief is the lower of three amounts:
- The part of the gain exempt because it was used as your main home;
- the gain attributed to the let period; and
- £40,000 per owner.
Example
Julie owned a property for 13 years, but lived in it for only the first 18 months as her main home. After that it was let for ten years and remained empty before sale. The gain is £130,000 or £10,000 per year of ownership. The taxable gain is calculated as follows:
Capital gain before tax relief: £130,000
Exemption for main home for 18 months, plus last 3 years of ownership: £45,000
Relief for letting is £40,000 as is the lower of:
- £45,000 for period of residence or deemed residence
- 10 x £10,000 actual let period
- and £40,000 maximum lettings exemption
Net gain chargeable: £130,000 - £45,000 - £40,000 = £45,000
Green Car Scam
Please don't be taken in by a scheme which claims to reduce the taxable benefit of your company cars. The taxman has specifically warned taxpayers about this scheme on the spotlights page of his website.
The scheme promoters persuade employers to buy carbon credits to off-set against the carbon dioxide (CO2) emissions of company cars. This is fine, but buying carbon credits can't reduce the CO2 emissions rating of your company cars as recorded on the registration documents.
A vehicle's CO2 emissions are fixed at the time of its manufacture, and can't be changed for tax purposes. You must use the CO2 figure recorded on the vehicle's registration document for calculating the taxable benefit of the car, and the taxable fuel benefit if fuel is provided.
If you report a reduced figure of CO2 emissions for each of your cars on the P11D forms, as persuaded to by the 'plan green' promoters, you will pay less class 1A NICs for each car. Also your employees will be taxed on a lower percentage of the vehicles' list price. However, when the Taxman discovers the P11D forms used incorrect CO2 figures for each car, he will demand payment of the tax and NI avoided plus interest and penalties.
The scheme promoters persuade employers to buy carbon credits to off-set against the carbon dioxide (CO2) emissions of company cars. This is fine, but buying carbon credits can't reduce the CO2 emissions rating of your company cars as recorded on the registration documents.
A vehicle's CO2 emissions are fixed at the time of its manufacture, and can't be changed for tax purposes. You must use the CO2 figure recorded on the vehicle's registration document for calculating the taxable benefit of the car, and the taxable fuel benefit if fuel is provided.
If you report a reduced figure of CO2 emissions for each of your cars on the P11D forms, as persuaded to by the 'plan green' promoters, you will pay less class 1A NICs for each car. Also your employees will be taxed on a lower percentage of the vehicles' list price. However, when the Taxman discovers the P11D forms used incorrect CO2 figures for each car, he will demand payment of the tax and NI avoided plus interest and penalties.
Monday, 7 January 2013
Polytunnels and Glasshouses
Does your business use a polytunnel or glasshouse?
In the past the Taxman has refused to allow a tax deduction for the cost of such structures, on the basis that greenhouses are buildings. A greenhouse is generally expected to last several years, so the cost of the structure should be treated in the business accounts as 'capital' rather than as a 'revenue' expense. The cost of capital items cannot be deducted from annual profits, as the total expenditure must be spread over the life of the asset, using capital allowances. However, no capital allowances are given for the cost of buildings and similar structures (as opposed to the equipment they contain).
Now the Taxman has changed his mind. Polytunnels can qualify for capital allowances in certain circumstances, such as where the tunnel is moved around to aid the growth of particular crops in different areas at different times. If the primary function of the polytunnel is to provide shelter for livestock or stores, it will be regarded as 'premises' and not qualify for capital allowances.
A glasshouse may qualify for capital allowances if it contains, as part of the structure, permanently installed computer controlled equipment that automatically adjusts the heat and humidity inside the glasshouse. Unheated glasshouses will not qualify for capital allowances, as the Taxman views these as fixed buildings which happen to be made of glass.
The good news is that this change of approach comes into effect immediately, so all open claims for capital allowances on polytunnels or glasshouses can be settled in line with the Taxman's new guidance. If you have had a claim for capital allowances refused based on the old guidance, you can ask the Taxman to reconsider your claim.
In the past the Taxman has refused to allow a tax deduction for the cost of such structures, on the basis that greenhouses are buildings. A greenhouse is generally expected to last several years, so the cost of the structure should be treated in the business accounts as 'capital' rather than as a 'revenue' expense. The cost of capital items cannot be deducted from annual profits, as the total expenditure must be spread over the life of the asset, using capital allowances. However, no capital allowances are given for the cost of buildings and similar structures (as opposed to the equipment they contain).
Now the Taxman has changed his mind. Polytunnels can qualify for capital allowances in certain circumstances, such as where the tunnel is moved around to aid the growth of particular crops in different areas at different times. If the primary function of the polytunnel is to provide shelter for livestock or stores, it will be regarded as 'premises' and not qualify for capital allowances.
A glasshouse may qualify for capital allowances if it contains, as part of the structure, permanently installed computer controlled equipment that automatically adjusts the heat and humidity inside the glasshouse. Unheated glasshouses will not qualify for capital allowances, as the Taxman views these as fixed buildings which happen to be made of glass.
The good news is that this change of approach comes into effect immediately, so all open claims for capital allowances on polytunnels or glasshouses can be settled in line with the Taxman's new guidance. If you have had a claim for capital allowances refused based on the old guidance, you can ask the Taxman to reconsider your claim.
New Tax Free Allowance
The standard personal allowance (amount of tax-free income) for 2013/14 will be £9,440. We had been expecting a smaller increase to £9,205.
The new higher allowance allows an individual to earn £181.54 per week (about £787 per month) tax free. But the NIC thresholds will not increase by as much, so an employee starts to pay NICs on income way below the tax-free threshold.
In 2013/14 the class 1 primary NI earnings threshold for employees will be £149 per week (£7755 per year). Employers will pay class 1 NI on wages of £148 or more per week (£7700 per year). You need to consider the NI costs for both you and your company when deciding how much you can extract from your own company as salary.
If you pay yourself the full personal allowance of £9,440 as salary from 6 April 2013, you will have personal NIC of £202.20 (12% x (9440-7755)) for the year. Your company will also pay £240.12 (13.8% x (9440-7700)) in class 1 NICs. However, the salary and NIC cost is fully tax allowable for the company.
A salary of £7,695 per year (about £147.98 per week) will avoid both employees and employers NICs. But you will get an NI credit for state retirement pension purposes if your salary lies in the range £109 to £149 per week. Unfortunately under RTI (see above), payments of salary in that range will have to be reported to HMRC, so there is no admin saving on paying a low salary.
The new higher allowance allows an individual to earn £181.54 per week (about £787 per month) tax free. But the NIC thresholds will not increase by as much, so an employee starts to pay NICs on income way below the tax-free threshold.
In 2013/14 the class 1 primary NI earnings threshold for employees will be £149 per week (£7755 per year). Employers will pay class 1 NI on wages of £148 or more per week (£7700 per year). You need to consider the NI costs for both you and your company when deciding how much you can extract from your own company as salary.
If you pay yourself the full personal allowance of £9,440 as salary from 6 April 2013, you will have personal NIC of £202.20 (12% x (9440-7755)) for the year. Your company will also pay £240.12 (13.8% x (9440-7700)) in class 1 NICs. However, the salary and NIC cost is fully tax allowable for the company.
A salary of £7,695 per year (about £147.98 per week) will avoid both employees and employers NICs. But you will get an NI credit for state retirement pension purposes if your salary lies in the range £109 to £149 per week. Unfortunately under RTI (see above), payments of salary in that range will have to be reported to HMRC, so there is no admin saving on paying a low salary.
Friday, 30 November 2012
Beware scam e-mails
With the self assessment deadline approaching, there are more and more scam e-mails circulating, which appear to be from HMRC in relation to claiming a tax refund. These often look genuine - coming from "@hmrc.gov.uk" e-mails and they usually copy HMRC's logo from their website, and include links to HMRC's genuine website.
The e-mails have a form attached which asks for debit or credit card details, security codes and passwords, dates of birth, available balances on account - all of the details a fraudster needs to be able to steal from you!
HMRC do not e-mail in relation to tax refunds. Nor will they ever ask you for credit or debit card details for refunds.
If you receive an e-mail in relation to a refund DO NOT complete the form - delete it or forward the e-mail to us or to HMRC at phishing@hmrc.gsi.gov.uk
Taskforce Targets Private Landlords
The Taxman has announced a taskforce to investigate tax avoidance in landlords in South East England.
Private residential landlords have now been the subject of a taskforce in: Scotland, North Wales, London, East Anglia, North East, North West, and now South East England. That covers pretty much the whole of the UK. The message is clear; individuals who own rental properties must correctly declare all of the income and gains generated by those properties.
It is relatively easy for the Taxman to trace the owners of let properties through the Land Registry and compare the registered owner's name to those recorded on the electoral roll for the property. If the names aren't the same, the Taxman will assume the property has been let. He can also ask letting agents to provide lists of the landlords and properties they serve.
Please talk to us if you are uncertain about what reliefs and expenses you can claim for your let property.
Private residential landlords have now been the subject of a taskforce in: Scotland, North Wales, London, East Anglia, North East, North West, and now South East England. That covers pretty much the whole of the UK. The message is clear; individuals who own rental properties must correctly declare all of the income and gains generated by those properties.
It is relatively easy for the Taxman to trace the owners of let properties through the Land Registry and compare the registered owner's name to those recorded on the electoral roll for the property. If the names aren't the same, the Taxman will assume the property has been let. He can also ask letting agents to provide lists of the landlords and properties they serve.
Please talk to us if you are uncertain about what reliefs and expenses you can claim for your let property.
Thursday, 1 November 2012
VAT on Exports
The internet has enabled many small businesses to sell internationally, but exporting goods and services can create VAT difficulties.
For VAT purposes you need to know whether you are selling goods (physical things), or services (things you can't physically touch eg: down-loaded software), as the rules vary for goods as opposed to services. You also need to know where your customer is based - in an EU country or elsewhere and whether the customer is a VAT registered business.
When you sell goods to other businesses in the EU or in other countries you can normally charge the zero-rate of VAT on the sale. This means you can recover VAT on any related input costs. However, you need to show that your customer was VAT registered and the goods physically left the UK. Getting the paperwork right is essential.
The rules for international services are more complicated as they depend on the place of supply of the service, which varies according to the type of service supplied and who it is supplied to (business or non-business customer). UK businesses selling to private customers in other EU countries must charge UK VAT. Where the customer is a business in another EU country, in most cases the customer accounts for the VAT in their own country, so the UK supplier does not charge VAT.
Whether you sell goods or services to VAT-registered businesses within the EU you must complete an EC sales list (ESL). If you only supply services, or your total goods and services sales do not exceed £35,000 per quarter, you may submit the ESL every quarter, otherwise you must submit monthly ESLs. Certain low-volume exporters can apply to the Taxman for permission to submit annual ESLs.
The ESL can be submitted in paper form on VAT 101, or online through the HMRC website, but it must contain the following details:
- your customer's name;
- the relevant country code for each customer; and
- the value of the goods and/or services supplied.
We can complete the ESL on your behalf, just like your normal VAT return.
For VAT purposes you need to know whether you are selling goods (physical things), or services (things you can't physically touch eg: down-loaded software), as the rules vary for goods as opposed to services. You also need to know where your customer is based - in an EU country or elsewhere and whether the customer is a VAT registered business.
When you sell goods to other businesses in the EU or in other countries you can normally charge the zero-rate of VAT on the sale. This means you can recover VAT on any related input costs. However, you need to show that your customer was VAT registered and the goods physically left the UK. Getting the paperwork right is essential.
The rules for international services are more complicated as they depend on the place of supply of the service, which varies according to the type of service supplied and who it is supplied to (business or non-business customer). UK businesses selling to private customers in other EU countries must charge UK VAT. Where the customer is a business in another EU country, in most cases the customer accounts for the VAT in their own country, so the UK supplier does not charge VAT.
Whether you sell goods or services to VAT-registered businesses within the EU you must complete an EC sales list (ESL). If you only supply services, or your total goods and services sales do not exceed £35,000 per quarter, you may submit the ESL every quarter, otherwise you must submit monthly ESLs. Certain low-volume exporters can apply to the Taxman for permission to submit annual ESLs.
The ESL can be submitted in paper form on VAT 101, or online through the HMRC website, but it must contain the following details:
- your customer's name;
- the relevant country code for each customer; and
- the value of the goods and/or services supplied.
We can complete the ESL on your behalf, just like your normal VAT return.
Reducing the Child Benefit Tax Charge
You may have received a letter from the Taxman about the high income child benefit charge (HICBC), which is designed to claw-back child benefit from high earners. We explained the principles of this charge in our September 2012 newsletter.
If you or your spouse/partner claim child benefit, and either one of you have income of over £50,000 per year, your family will be subject to the HICBC to claw-back part or all of the child benefit paid from 7 January 2013. The charge must be paid by the highest earner in the family irrespective of who actually receives the child benefit.
If you are the highest earner in the family, you will need to report the amount of child benefit the family receives on your self-assessment tax return. For 2012/13 this is only the child benefit received after 7 January 2013, but in future years it will be the full amount of child benefit received in the tax year. This will lead to a charge added to your tax bill due by 31 January 2014, or the charge may be collected through your PAYE tax code in 2013/14.
If you want to avoid paying the HICBC you and your partner/ spouse can:
a. elect not to receive child benefit from 7 January 2013; or
b. reduce the higher earner's adjusted net income.
You will be able to reverse the election in a) if your income drops, but you may miss out on some child benefit due to timing issues. Thus if your income is likely to be variable making an election not to receive child benefit is unlikely to be the best solution.
Your 'adjusted net income' could be reduced by using any or all of the following methods:
- Pay more personal pension contributions in the tax year. Make sure these contributions are paid by you and not by your employer.
- Increase the Gift Aid donations you make. Channel all the Gift Aid donations made by the family though the highest earner's bank account. Remember Gift Aid donations can be carried back to give relief in the previous tax year, if the donations are made before the tax return for that earlier tax year is submitted.
- Reduce the amount of income you extract from your own company and instead employ your spouse or partner in your business. This will spread the income generated by the business more evenly between you both.
- If you trade as a sole-trader you could take your spouse /partner into partnership, and again look to spread the income between you.
- Where you and your spouse/partner already trade as a business partnership, consider changing the profit sharing ratios so you each receive a more even amount of profit.
- If you are not domiciled in the UK you can adjust the amount of income you remit to the UK.
- If you are married and living with your spouse, you can transfer assets to your spouse that generate income such as shares, savings or let property. Transferring assets between individuals who are not married may well create a tax charge.
Please talk to us about how to undertake any of these planning ideas before trying to implement them to ensure they are appropriate in your own circumstances.
If you or your spouse/partner claim child benefit, and either one of you have income of over £50,000 per year, your family will be subject to the HICBC to claw-back part or all of the child benefit paid from 7 January 2013. The charge must be paid by the highest earner in the family irrespective of who actually receives the child benefit.
If you are the highest earner in the family, you will need to report the amount of child benefit the family receives on your self-assessment tax return. For 2012/13 this is only the child benefit received after 7 January 2013, but in future years it will be the full amount of child benefit received in the tax year. This will lead to a charge added to your tax bill due by 31 January 2014, or the charge may be collected through your PAYE tax code in 2013/14.
If you want to avoid paying the HICBC you and your partner/ spouse can:
a. elect not to receive child benefit from 7 January 2013; or
b. reduce the higher earner's adjusted net income.
You will be able to reverse the election in a) if your income drops, but you may miss out on some child benefit due to timing issues. Thus if your income is likely to be variable making an election not to receive child benefit is unlikely to be the best solution.
Your 'adjusted net income' could be reduced by using any or all of the following methods:
- Pay more personal pension contributions in the tax year. Make sure these contributions are paid by you and not by your employer.
- Increase the Gift Aid donations you make. Channel all the Gift Aid donations made by the family though the highest earner's bank account. Remember Gift Aid donations can be carried back to give relief in the previous tax year, if the donations are made before the tax return for that earlier tax year is submitted.
- Reduce the amount of income you extract from your own company and instead employ your spouse or partner in your business. This will spread the income generated by the business more evenly between you both.
- If you trade as a sole-trader you could take your spouse /partner into partnership, and again look to spread the income between you.
- Where you and your spouse/partner already trade as a business partnership, consider changing the profit sharing ratios so you each receive a more even amount of profit.
- If you are not domiciled in the UK you can adjust the amount of income you remit to the UK.
- If you are married and living with your spouse, you can transfer assets to your spouse that generate income such as shares, savings or let property. Transferring assets between individuals who are not married may well create a tax charge.
Please talk to us about how to undertake any of these planning ideas before trying to implement them to ensure they are appropriate in your own circumstances.
Wednesday, 5 September 2012
Self-billing
'Self-billing' is where the customer in the supplier/customer relationship raises the invoices to themselves for work done or goods provided by the supplier, instead of the supplier raising those invoices. Self-billing helps large organisations that need to pay out lots of small amounts to hundreds of suppliers. It allows their purchase invoices to be standardised which saves costs when processing, and payments to be made automatically at the time the invoice is raised.
However, there are significant disadvantages for the supplier who agrees to self-billing. The supplier losses control of when invoices are raised and may have no control over the amount billed and the amount of VAT shown on the invoice.
Although the VATman's guidance on their website says that the recipient of the supply (i.e. the customer who raises the self-billed invoice) is responsible for ensuring the invoice carries the correct VAT amount, it is actually the supplier who remains responsible for the amount of VAT charged.
If you are signed-up to self-billing as a supplier don't assume that the VAT shown on the invoices you receive from your customers is correct. You will remain responsible for any errors.
However, there are significant disadvantages for the supplier who agrees to self-billing. The supplier losses control of when invoices are raised and may have no control over the amount billed and the amount of VAT shown on the invoice.
Although the VATman's guidance on their website says that the recipient of the supply (i.e. the customer who raises the self-billed invoice) is responsible for ensuring the invoice carries the correct VAT amount, it is actually the supplier who remains responsible for the amount of VAT charged.
If you are signed-up to self-billing as a supplier don't assume that the VAT shown on the invoices you receive from your customers is correct. You will remain responsible for any errors.
Whose Fault is Underpaid Tax?
Have you received a tax calculation (on form P800) which shows you owe tax that you thought had been collected under PAYE? Every year the Tax Office undertakes a 'PAYE reconciliation' to check whether the tax collected from pensions and salary under PAYE was the correct amount. Where a taxpayer has a number of jobs or several pensions in a year, the PAYE system can get it wrong, leaving tax underpaid.
We can help you check any form P800 you receive, but we need to see the PAYE codes issued to you for the tax year, and payslips from your employer or pension provider to check what PAYE codes they have used. Where the employer/pension provider has not used the correct PAYE code and this causes any tax not to be collected, it remains their responsibility, not yours.
Unfortunately the Taxman is ignoring this piece of law and is demanding payment of the underpaid tax from employees and pensioners, where the error lies with the employer/pension provider. We can help you challenge the Taxman on this point.
Sometimes the fault lies with the Taxman who has ignored information you or your employer have provided on more than one occasion. The Tax Office may also have let tax arrears build up over two or more years without telling you. If either of these situations apply, you can ask the Taxman to write-off the tax owing under Extra Statutory Concession A19. The Taxman is very reluctant to use this concession, but we can help argue your case.
We can help you check any form P800 you receive, but we need to see the PAYE codes issued to you for the tax year, and payslips from your employer or pension provider to check what PAYE codes they have used. Where the employer/pension provider has not used the correct PAYE code and this causes any tax not to be collected, it remains their responsibility, not yours.
Unfortunately the Taxman is ignoring this piece of law and is demanding payment of the underpaid tax from employees and pensioners, where the error lies with the employer/pension provider. We can help you challenge the Taxman on this point.
Sometimes the fault lies with the Taxman who has ignored information you or your employer have provided on more than one occasion. The Tax Office may also have let tax arrears build up over two or more years without telling you. If either of these situations apply, you can ask the Taxman to write-off the tax owing under Extra Statutory Concession A19. The Taxman is very reluctant to use this concession, but we can help argue your case.
Gifting Assets or Shares
If you plan to gift assets or shares to your relatives, there are several taxes you need to consider:
Capital Gains Tax
You won't make an actual profit or gain when you give away assets or shares, so you may not expect to pay capital gains tax. However, when the gift is made to a person connected to you, such as your son or daughter, UK tax law deems you to have made a transfer of the asset at its market value. This means you could well make a paper gain on the gift, which will be subject to capital gains tax. This does not apply to a gift to your spouse or civil partner.
You need to calculate this gain to see if it needs to be reported on your tax return. Where the gain from the gift, together with any other gains you make in the year, exceeds your annual exemption of £10,600, all those gains must be reported on your tax return.
To calculate the amount of the gain you need to know the market value of the items given, at the date of the gift, and the cost or value when you acquired the items. If you acquired the assets before 31 March 1982, the value at 31 March 1982 is taken as your cost value, so you need a value at that date as well. We can help you with the calculation of the gain, but it would be wise to engage a specialist valuer to determine the value of the assets (particularly property) at the date of the gift and at 31 March 1982 if required.
Gift tax
If the asset (such as property) you plan to give away is located in another country you need to take local tax advice as to whether gift tax will apply. This is not a tax we have in the UK, so any gift tax paid in another jurisdiction will not be offset against UK tax paid on the same gift. Local transaction taxes such as VAT or stamp duty may also apply, so do your research first.
Stamp Duties
Stamp duty does not apply to shares which are transferred as a gift.
Stamp duty land tax generally applies to the transfer of land in the UK, but it will not apply if the recipient gives nothing in return for the property, i.e. it is a pure gift. However, if the recipient agrees to take on a mortgage attached to the property, the outstanding value of that mortgage will be treated as consideration for the property and stamp duty land tax will apply to that consideration.
Inheritance Tax
Most gifts of assets you make will be treated as potentially exempt transfers for inheritance tax, which means they escape inheritance tax as long as you live for at least seven years after the date of the gift. You can look to take out insurance to cover the cost of inheritance tax that will become payable in respect of the gifts made during your lifetime. Gifts made into a trust may be subject to inheritance tax immediately.
Capital Gains Tax
You won't make an actual profit or gain when you give away assets or shares, so you may not expect to pay capital gains tax. However, when the gift is made to a person connected to you, such as your son or daughter, UK tax law deems you to have made a transfer of the asset at its market value. This means you could well make a paper gain on the gift, which will be subject to capital gains tax. This does not apply to a gift to your spouse or civil partner.
You need to calculate this gain to see if it needs to be reported on your tax return. Where the gain from the gift, together with any other gains you make in the year, exceeds your annual exemption of £10,600, all those gains must be reported on your tax return.
To calculate the amount of the gain you need to know the market value of the items given, at the date of the gift, and the cost or value when you acquired the items. If you acquired the assets before 31 March 1982, the value at 31 March 1982 is taken as your cost value, so you need a value at that date as well. We can help you with the calculation of the gain, but it would be wise to engage a specialist valuer to determine the value of the assets (particularly property) at the date of the gift and at 31 March 1982 if required.
Gift tax
If the asset (such as property) you plan to give away is located in another country you need to take local tax advice as to whether gift tax will apply. This is not a tax we have in the UK, so any gift tax paid in another jurisdiction will not be offset against UK tax paid on the same gift. Local transaction taxes such as VAT or stamp duty may also apply, so do your research first.
Stamp Duties
Stamp duty does not apply to shares which are transferred as a gift.
Stamp duty land tax generally applies to the transfer of land in the UK, but it will not apply if the recipient gives nothing in return for the property, i.e. it is a pure gift. However, if the recipient agrees to take on a mortgage attached to the property, the outstanding value of that mortgage will be treated as consideration for the property and stamp duty land tax will apply to that consideration.
Inheritance Tax
Most gifts of assets you make will be treated as potentially exempt transfers for inheritance tax, which means they escape inheritance tax as long as you live for at least seven years after the date of the gift. You can look to take out insurance to cover the cost of inheritance tax that will become payable in respect of the gifts made during your lifetime. Gifts made into a trust may be subject to inheritance tax immediately.
Child Benefit Clawback
If your net taxable income last year was £50,000 or more you will shortly receive a letter from the Tax Office about child benefit. You can safely bin this missive if your children are no longer eligible for child benefit, but where you or your partner/spouse claim child benefit you need to pay attention.
This is because from 7 January 2013 the higher earner in the family (where that person has £50,000 or more of income) will be landed with a tax charge to clawback the child benefit claimed in respect of the children. The tax charge will equal 1% of the child benefit received by the family for every £100 of income over £50,000, so 100% of the child benefit will be clawed-back when the higher earner has net taxable income of £60,000 per year.
The tax charge only applies to child benefit paid from 7 January 2013 onwards, and will be calculated on your net taxable income for the current tax year: 2012/13. Net taxable income is income after deduction of losses, pension contributions and gift aid payments but before personal allowances. So there is some scope for reducing your net income below £50,000 by paying pension contributions, gift aid donations, or by taking a smaller dividend from your own company in the current tax year. But those strategies, and other ways to manage your income, need to continue until the children are no longer eligible for child benefit.
You will be given the option of declining to receive child benefit to avoid the tax charge, and this will be explained in the Taxman's letter. However, this is not the same as not making a claim for child benefit. It is important to make a claim for child benefit (even if you decline to receive it) as the claim can help entitlements to the state pension for a non-working parent, and ensures the child receives an NI number at age 15.
This is because from 7 January 2013 the higher earner in the family (where that person has £50,000 or more of income) will be landed with a tax charge to clawback the child benefit claimed in respect of the children. The tax charge will equal 1% of the child benefit received by the family for every £100 of income over £50,000, so 100% of the child benefit will be clawed-back when the higher earner has net taxable income of £60,000 per year.
The tax charge only applies to child benefit paid from 7 January 2013 onwards, and will be calculated on your net taxable income for the current tax year: 2012/13. Net taxable income is income after deduction of losses, pension contributions and gift aid payments but before personal allowances. So there is some scope for reducing your net income below £50,000 by paying pension contributions, gift aid donations, or by taking a smaller dividend from your own company in the current tax year. But those strategies, and other ways to manage your income, need to continue until the children are no longer eligible for child benefit.
You will be given the option of declining to receive child benefit to avoid the tax charge, and this will be explained in the Taxman's letter. However, this is not the same as not making a claim for child benefit. It is important to make a claim for child benefit (even if you decline to receive it) as the claim can help entitlements to the state pension for a non-working parent, and ensures the child receives an NI number at age 15.
Monday, 13 August 2012
Are You a Shadow?
When a company fails to pay over the PAYE and NIC which should have been deducted from salaries paid to the employees and directors, HMRC can issue the directors and shadow directors of the company with personal demands for the tax due.
A shadow director is not registered as a director of the company with Companies House, but he or she will effectively control the company by giving instructions to the named directors, and to other staff who are accustomed to act on those instructions. Majority shareholders may be deemed to be shadow directors if they effectively run the company.
Liquidators can take action against shadow directors just as they can against the named directors for debts owing, including tax.
There have been a number of cases recently where HMRC has gone after the shadow director of the company to collect the unpaid PAYE. In those cases the individuals may have assumed they could avoid any responsibility for the company's debts by not appointing themselves as a director of their company. However, HMRC questioned the staff involved to find out who issued the instructions to pay salary and not pay over the PAYE due, concluding that certain persons were shadow directors.
A shadow director is not registered as a director of the company with Companies House, but he or she will effectively control the company by giving instructions to the named directors, and to other staff who are accustomed to act on those instructions. Majority shareholders may be deemed to be shadow directors if they effectively run the company.
Liquidators can take action against shadow directors just as they can against the named directors for debts owing, including tax.
There have been a number of cases recently where HMRC has gone after the shadow director of the company to collect the unpaid PAYE. In those cases the individuals may have assumed they could avoid any responsibility for the company's debts by not appointing themselves as a director of their company. However, HMRC questioned the staff involved to find out who issued the instructions to pay salary and not pay over the PAYE due, concluding that certain persons were shadow directors.
Tax Taskforces
These are teams of tax investigators who target particular trades in defined geographical areas with one-to-one visits. A typical taskforce team will include specialists to cover the taxes the business pays: VAT, PAYE, and corporation tax. It may include a computer expert to help with the computerised business records or the till. The Tax Office plans to have over 30 taskforce teams operating round the country by April 2013.
We have summarised below the target areas for the taskforce teams, as they have been announced. Each team has a target of about 300 businesses in the specified areas and trade sectors to visit.
Normally the taskforce team will arrange a time to visit the business and inspect the records, either by phone or letter. Please tell us as soon as you get a letter or call to arrange this. If we can speak to the tax inspector at this stage we may be able to limit the scope of the visit, or get it cancelled. For example if we can confirm that all your staff are always paid through PAYE, give the PAYE scheme reference number and the amount of PAYE and NI paid in the previous tax year, the PAYE specialist may stay at home.
Areas and trades targeted:
- London: Markets, property rentals, property transactions, restaurants, fraudulent repayments
- South West: Restaurants, motor trade, fast food outlets
- South East: Overdue tax returns
- Midlands: Taxi firms, restaurants
- East Anglia: Property rentals
- North East: Property rentals, motor trade
- North West: Restaurants, construction, landlords
- Yorkshire: Taxi firms, motor trade
- Nottinghamshire: Motor trade
- Northern Ireland: Hair and beauty
- Scotland: Pubs & nightclubs, fast food outlets, restaurants, scrap metal dealers, landlords
- South Wales: Restaurants, motor trade
- North Wales: Restaurants, construction, landlords
We have summarised below the target areas for the taskforce teams, as they have been announced. Each team has a target of about 300 businesses in the specified areas and trade sectors to visit.
Normally the taskforce team will arrange a time to visit the business and inspect the records, either by phone or letter. Please tell us as soon as you get a letter or call to arrange this. If we can speak to the tax inspector at this stage we may be able to limit the scope of the visit, or get it cancelled. For example if we can confirm that all your staff are always paid through PAYE, give the PAYE scheme reference number and the amount of PAYE and NI paid in the previous tax year, the PAYE specialist may stay at home.
Areas and trades targeted:
- London: Markets, property rentals, property transactions, restaurants, fraudulent repayments
- South West: Restaurants, motor trade, fast food outlets
- South East: Overdue tax returns
- Midlands: Taxi firms, restaurants
- East Anglia: Property rentals
- North East: Property rentals, motor trade
- North West: Restaurants, construction, landlords
- Yorkshire: Taxi firms, motor trade
- Nottinghamshire: Motor trade
- Northern Ireland: Hair and beauty
- Scotland: Pubs & nightclubs, fast food outlets, restaurants, scrap metal dealers, landlords
- South Wales: Restaurants, motor trade
- North Wales: Restaurants, construction, landlords
Restricted Losses Ahead
A lot of businesses have made significant losses in the current recession and will continue to make losses for a while yet. Where those losses are made outside of a company they can generally be set-off against the entrepreneur's other income, or in some cases their gains, without limit. There are restrictions on the use of losses made from a business where the trader is not actively involved. Losses are often created by the amount of interest the business has to pay to the bank.
From 6 April 2013 the Government is proposing to cap the amount of loss relief and interest relief given in any one tax year to the higher of:
- £50,000; and
- 25% of the taxpayer's income.
The restrictions on losses and interest may affect business decisions you have taken, or which you are about to make in the next few months. Here are five ways the proposed restrictions could affect you:
1. Where you have significant losses in a current accounting period which will end in the 2013/14 tax year, you may be thinking of selling an asset for a gain to off-set those losses. Such plans need to be reviewed as your total loss relief will be restricted in 2013/14.
2. Partners who currently pay significant amounts of interest on their partnership loans may need to restructure those loans before 6 April 2013, to ensure their loan interest does not exceed the greater of £50,000 or 25% of their income.
3. If you are planning to invest in EIS shares or SEIS shares in the knowledge that if the enterprise doesn't work out, you will get income tax loss relief on the capital invested, you need to know that your loss relief may be restricted.
4. Where you have already subscribed for shares in an unquoted trading company which is sliding into insolvency, you may need to make a negligible value claim for the value of those shares, to ensure the loss falls in the tax year 2012/13 and is not restricted from 2013/14.
5. If you are planning to set up a new business which is going to make significant losses in the first couple of years, we need to discuss the structure of the proposed new businesses to ensure the losses are used as quickly as possible.
From 6 April 2013 the Government is proposing to cap the amount of loss relief and interest relief given in any one tax year to the higher of:
- £50,000; and
- 25% of the taxpayer's income.
The restrictions on losses and interest may affect business decisions you have taken, or which you are about to make in the next few months. Here are five ways the proposed restrictions could affect you:
1. Where you have significant losses in a current accounting period which will end in the 2013/14 tax year, you may be thinking of selling an asset for a gain to off-set those losses. Such plans need to be reviewed as your total loss relief will be restricted in 2013/14.
2. Partners who currently pay significant amounts of interest on their partnership loans may need to restructure those loans before 6 April 2013, to ensure their loan interest does not exceed the greater of £50,000 or 25% of their income.
3. If you are planning to invest in EIS shares or SEIS shares in the knowledge that if the enterprise doesn't work out, you will get income tax loss relief on the capital invested, you need to know that your loss relief may be restricted.
4. Where you have already subscribed for shares in an unquoted trading company which is sliding into insolvency, you may need to make a negligible value claim for the value of those shares, to ensure the loss falls in the tax year 2012/13 and is not restricted from 2013/14.
5. If you are planning to set up a new business which is going to make significant losses in the first couple of years, we need to discuss the structure of the proposed new businesses to ensure the losses are used as quickly as possible.
Monday, 2 July 2012
Tax Campaigns Update
The Taxman is determined to target tax evaders, so has been running several campaigns to target particular business sectors, such as doctors, electricians and e-traders.
The latest campaign is aimed at individuals who should be paying tax at 40% or 50%, but who have not submitted a tax return when requested to do so. These people will be offered a reduced penalty if the missing tax return is submitted by 3rd October 2012, and all the outstanding tax is also paid by that date.
If you know someone who has put their head in the sand regarding their tax affairs, please ask them to get in touch with us as soon as possible, so we can help them complete their missing tax returns.
Later this year the Tax Office will be targeting door-to-door sellers who sell to customers in their own homes. These sellers are often paid on a commission basis for the goods they sell, and may be vague about their own tax status.
Another campaign will target all tradesmen who provide home maintenance, repair or home improvement services. This will cover all small builders and skilled craftsmen who are not subcontracted to larger building firms.
The latest campaign is aimed at individuals who should be paying tax at 40% or 50%, but who have not submitted a tax return when requested to do so. These people will be offered a reduced penalty if the missing tax return is submitted by 3rd October 2012, and all the outstanding tax is also paid by that date.
If you know someone who has put their head in the sand regarding their tax affairs, please ask them to get in touch with us as soon as possible, so we can help them complete their missing tax returns.
Later this year the Tax Office will be targeting door-to-door sellers who sell to customers in their own homes. These sellers are often paid on a commission basis for the goods they sell, and may be vague about their own tax status.
Another campaign will target all tradesmen who provide home maintenance, repair or home improvement services. This will cover all small builders and skilled craftsmen who are not subcontracted to larger building firms.
Friday, 1 June 2012
Completing Forms P11D
It's time to complete forms P11D, to report expenses (which were not included in your dispensation agreement with the Tax Office) and benefits paid to your employees in 2011/12. The P11D details can be submitted online using the free HMRC software or using your own payroll software. Alternatively you can complete individual paper forms, or submit a schedule to the Tax Office containing details for all your employees. Whichever method you chose, the deadline is the same: 6 July 2012.
Be careful not to submit the same P11D details by two methods: say online and in paper form, as this will only confuse the HMRC computer!
Some other common mistakes made when completing forms P11D include:
- Not ticking the 'director' box when required
- Missing employee ID details such as date of birth, gender, and full name
- Including expenses which have been covered by a dispensation
- Incorrect calculation of benefits provided for part of the year, such as cars, vans and fuel. You should use number of days available/366 for 2011/12.
- Restricting the list price value of a company car to £80,000. This cap has been abolished from 6 April 2011
- Omitting the cost of accessories fitted to cars after delivery
- Using the incorrect rate of interest for beneficial loans - it was 4% for the whole of 2011/12.
We can help you with your P11D forms, which can be quite a nightmare if you have lots of employees who received benefits or expenses.
Be careful not to submit the same P11D details by two methods: say online and in paper form, as this will only confuse the HMRC computer!
Some other common mistakes made when completing forms P11D include:
- Not ticking the 'director' box when required
- Missing employee ID details such as date of birth, gender, and full name
- Including expenses which have been covered by a dispensation
- Incorrect calculation of benefits provided for part of the year, such as cars, vans and fuel. You should use number of days available/366 for 2011/12.
- Restricting the list price value of a company car to £80,000. This cap has been abolished from 6 April 2011
- Omitting the cost of accessories fitted to cars after delivery
- Using the incorrect rate of interest for beneficial loans - it was 4% for the whole of 2011/12.
We can help you with your P11D forms, which can be quite a nightmare if you have lots of employees who received benefits or expenses.
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