Showing posts with label tax. Show all posts
Showing posts with label tax. Show all posts

Thursday, 22 February 2018

UK tax compliance and HMRC Campaigns

The tax gap is the difference between the estimate of the tax that should be paid and the amount actually paid.
A 2014 report commissioned by the Public and Commercial Services Union estimated that the UK‟s tax gap was £122 billion a year and growing. This was a big increase on the 2010 estimate of £95 billion. 
In an attempt to reduce this gap, HM Revenue & Customs ("HMRC") runs campaigns that are designed to:
  • help people to bring their tax affairs up to date
  • help them keep them that way, and
  • help stop them getting it wrong in the first place.
These campaigns do the following;
  • provide opportunities that make it easier to be compliant – including offering an incentive to self-correct
  • bring together a basket of activities to encourage voluntary compliance in the target population
  • look for opportunities to inform customers who are entering the targeted risk area for the first time
  • use what is learned to help HMRC improve processes to deal more efficiently with customers in the future.
These campaigns offer people a chance to get their tax affairs in order on the best possible terms. They provide tools and information to help people do that; to help people keep their affairs in order; and to help stop people getting it wrong in the first place.
Where people choose not to take the chance to set the record straight, HMRC uses the information, gathered before and during the campaign, to conduct follow-up work. This includes investigations and prosecutions.
The current campaigns relate to:
  • Credit and debit card sales,
  • Second Income,and 
  • Let Property.
Anybody wanting to make a tax disclosure voluntarily about any area of UK tax can still make a disclosure by using the Campaign Voluntary Disclosure Helpline on 0300 123 1078 - Monday to Friday, 8 am to 6:30 pm.



Sunday, 2 March 2014

Rental income on residential property

You are receiving taxable income that you need to declare if you are receiving rental income in the UK from residential property.

This applies whether you are in the UK or overseas.

There are penalties for failure to declare and HM Revenue & Customs have advised that they are clamping down on undeclared income in this area.

If you have not previously notified HM Revenue & Customs of this income, they are currently offering an opportunity for you to bring your affairs up to date on more favourable terms than would normally be available.

There are various reliefs and deductions available so it would be wise to consult a good accountant if you are in this situation. The potential savings could well outweigh their fee.

If you have never lived in the property you will have to pay capital gains tax on any profit when you sell.

Unless you have lived in your house for the whole period of ownership, you may still have capital gains tax to pay on some of the profit.

There are a couple of recent changes that you should be aware of.

If you have let the house in which you have lived, you are eligible for principal private residence (PPR) and lettings relief against any capital gain. Under the current rules since 6 April 2014' the last 18 months are added to the period in which you lived in the property to work out the proportion of time for principal private residence relief. Before 6 April 2014, this additional period was 36 months.

Prior to April 2015, if you were overseas and not a UK tax payer, you were not subject to capital gains tax on the sale of a UK residential property. This changed from 6 April 2015. Capital Gains Tax  will be payable on the post 6 April 2015 gain at 18% and/or 28% depending on the amount if gain and your individual circumstances in relation to UK personal tax.

Property can be a complex area for UK taxes. Apart from income tax and capital gains tax, you may need to consider VAT and stamp duty land tax. Good planning is crucial.
If you have specific questions, please drop me an email.



Wednesday, 1 January 2014

Capital Allowances on Property Acquisitions

One of the major changes under the Finance Bill 2012 relates to the capital allowances available to the purchaser of a property.
Previously the section 198 election was optional it will now become mandatory.
Even if the seller has not claimed any capital allowances there will be a mandatory requirement for capital expenditure to be identified and pooled by the seller (that is, notified to HMRC). Broadly, this can be done up to two years after the sale of the property.  This leads to the strange possibility that the buyer may have to ask the seller to pool the expenditure after the sale has been completed which would be achieved by the commissioning of a capital allowances specialist. There will obviously need to be a negotiation over who pays for the capital allowances claim in these circumstances and how any identified capital allowances will be allocated between the parties.
If the seller has not pooled the capital allowances qualifying expenditure within the required period then the right to claim capital allowances is lost not only by the new owner but by any subsequent potential purchaser.  Furthermore, a S198 election agreement must be entered into. If either requirement is missed then any right to claim capital allowances on the property will be lost entirely to both the new owner and any future owner.
Where capital allowances claims are missed in this way it could actually reduce the potential value of the property in a buyer’s eyes so making a capital allowances claim is an imperative for owners of commercial property.  Potentially conveyancing solicitors will need to take much more interest in capital allowances or risk being sued by their clients for not providing the correct advice at the time of sale / purchase.
This is now a critical consideration as part of the pre completion paperwork for a buyer of property to ensure that the seller has made the appropriate election.

Source: HMRC

Wednesday, 11 December 2013

Pensions and the Lifetime Allowance - do you need to act before 6 April 2014?

The amount that an individual in the UK can accumulate in their pension scheme before it will be hit by a tax charge is called their Lifetime Allowance ("LTA").

As of 6 April 2012, this was reduced from £1.8m to £1.5m. A further reduction to £1.25m will take place on 6 April 2014.

If you have a pension pot that you expect to be over £1.25m by the time you take your benefits, you can apply for protection to retain the higher £1.5m lifetime allowance. There are conditions attached that include making no further pension contributions. There are two forms of protection available, both of which can be applied for, but one must be claimed by 5 April 2014.

This situation applies to more people than is immediately apparent.

Consider two examples with no further pension contributions:

- You are now 45, looking to retire at 60 and currently have a pot of £450,000.
With average annual growth higher just 7%, your pot will exceed £1.25m by the time you retire.

- You are now 40, looking to retire at 65 and current have a pot of just £225,000.
If we again assume an average annual growth rate over 7% , your pot will be over the threshold when you reach 65.

Please note that one of the condition for this protection to remain in place is that you do not make further pension contributions so Once auto enrolment arrives for you, you will need to opt out of it within 1 month in order to retain this protection.

If this siuation might apply to you, you should take proper professional advice as soon as possible.

Bear in mind that if you have a reasonable pension pot and you are in a position to make additional contributions this year, it may be advantageous to do so.

If you have further questions or would like an introduction to a very helpful wealth planner, who can review your pension arrangements, please drop me an email ( philip.gale@businessorchard.com )

If you know of someone else who may be affected by this, please pass this on. 

Failure to act now could be very expensive.

Tuesday, 18 June 2013

Practical steps to tackle tax evasion ahead of G8

Several overseas territories along with the Cayman Islands and the Crown dependencies of Guernsey, Jersey and the Isle of Man have agreed to join and take an active part in the multilateral Automatic tax information exchange launched by UK, France, Germany, Italy and Spain. Joining the Multilateral Convention will allow more countries to quickly benefit from greater levels of tax information exchange. This will be particularly beneficial for developing countries as it allows them to sign up to one multilateral treaty rather than several bilateral arrangements. The action plans on beneficial ownership they have committed to produce will ensure much greater clarity about who really owns, controls, and benefits from companies.This follows an announcement from Prime Minister David Cameron on new rules to bring unprecedented transparency on company ownership, and will make it harder to launder money, evade and avoid tax, finance terrorism, bribe officials, hide stolen assets and evade financial sanctions.
The full statement was as follows: We, the Political Leaders of the Overseas Territories of Anguilla, Bermuda, British Virgin Islands, Gibraltar, Montserrat and Turks and Caicos, warmly welcome our meeting with the Prime Minister today to discuss Tax, Trade and Transparency, where we had a very clear agreement and constructive exchange of views on the practical steps needed to tackle the global problem of tax evasion and how the UK and the Overseas Territories will continue to apply our high standards of regulation to address this.

As part of our contribution to advancing this global agenda and to create a level playing field right across the world, different Overseas Territories at different times, and now unanimously, have reiterated and confirmed our agreement to the following three (3) important steps: 
  • To play an active part in the new pilot initiative of multilateral automatic tax information exchange launched by the UK, France, Germany, Italy and Spain;
  • To prepare national action plans on Beneficial Ownership to meet the FATF standards;
  • To commit to joining the Multilateral Convention on Mutual Administrative Assistance on Tax Matters.
It is our collective view that as we free up the world economy we must make sure openness delivers benefits for rich economies and developing countries alike and that we maintain confidence in the fairness and effectiveness of our tax systems and in the operation of global markets. Tackling tax evasion and fraud is a global responsibility in which we will continue to play our full part.
We welcome the Prime Minister’s willingness to work in partnership with us in seeking to achieve a step change in international standards and establishing a global level playing field through the UK’s G8 Presidency.
As part of our continuing commitment to tackling tax evasion and fraud, we have also undertaken to prepare Action Plans setting out the concrete steps, where needed, to fully implement the Financial Action Task Force standards to further increase our already high standards of transparency on beneficial ownership information and to ensure that this information is available to law enforcement and tax authorities in accordance with our established mutual legal assistance cooperation regimes.
 The Multilateral Convention on Mutual Administrative Assistance in Tax Matters is an important global instrument, which builds upon our existing network of many bilateral agreements and other existing arrangements for exchanging information between tax authorities. The Convention offers an accessible route to increase the number of jurisdictions which will be able to benefit from information exchange. It is for this reason that we have committed to joining the Convention and have requested its extension to our jurisdictions as soon as possible, subject to our national procedures and the need for ensuring the achievement of a global level playing field.
 We are committed to continuing to play a leading role in delivering a fair, responsible and effectively regulated global business environment.
 We express the hope that the UK Prime Minister will succeed at Lough Erne in securing a new global standard and all Leaders will commit to move together on this common agenda designed to secure more economic growth.

As part of our contribution to advancing this global agenda and to create a level playing field right across the world, different Overseas Territories at different times, and now unanimously, have reiterated and confirmed our agreement to the following three (3) important steps: 
  • To play an active part in the new pilot initiative of multilateral automatic tax information exchange launched by the UK, France, Germany, Italy and Spain;
  • To prepare national action plans on Beneficial Ownership to meet the FATF standards;
  • To commit to joining the Multilateral Convention on Mutual Administrative Assistance on Tax Matters.
It is our collective view that as we free up the world economy we must make sure openness delivers benefits for rich economies and developing countries alike and that we maintain confidence in the fairness and effectiveness of our tax systems and in the operation of global markets. Tackling tax evasion and fraud is a global responsibility in which we will continue to play our full part.
We welcome the Prime Minister’s willingness to work in partnership with us in seeking to achieve a step change in international standards and establishing a global level playing field through the UK’s G8 Presidency.
As part of our continuing commitment to tackling tax evasion and fraud, we have also undertaken to prepare Action Plans setting out the concrete steps, where needed, to fully implement the Financial Action Task Force standards to further increase our already high standards of transparency on beneficial ownership information and to ensure that this information is available to law enforcement and tax authorities in accordance with our established mutual legal assistance cooperation regimes.
 The Multilateral Convention on Mutual Administrative Assistance in Tax Matters is an important global instrument, which builds upon our existing network of many bilateral agreements and other existing arrangements for exchanging information between tax authorities. The Convention offers an accessible route to increase the number of jurisdictions which will be able to benefit from information exchange. It is for this reason that we have committed to joining the Convention and have requested its extension to our jurisdictions as soon as possible, subject to our national procedures and the need for ensuring the achievement of a global level playing field.
 We are committed to continuing to play a leading role in delivering a fair, responsible and effectively regulated global business environment.
 We express the hope that the UK Prime Minister will succeed at Lough Erne in securing a new global standard and all Leaders will commit to move together on this common agenda designed to secure more economic growth.

Sunday, 16 June 2013

HMRC revised toolkits to help minimise common errors



HMRC has published the updated Business Profits and Capital v Revenue Toolkits to assist agents when completing their clients' 2012-13 returns. These can be useful to individuals who have an understanding of the tax rules and wish to prepare their own tax returns. Links are provided here and they should should be read in conjunction with the essential information reproduced below.

If in any doubt contact an accountant to assist you.

If  you don't have one,why not try;

Business Orchard

Individuals, business and corporations

Trusts and Estates


Toolkits to help reduce errors - essential information
These toolkits are aimed at helping and supporting tax agents and advisers. They are part of HM Revenue & Customs' (HMRC's) wider approach to improving tax compliance, which is focused on help and support to ensure that returns are correct.
The toolkits have been developed with the benefit of input from agents and their representatives, including the Compliance Reform Forum. However, the content is based on HMRC's view of how tax law should be applied.
The application of these toolkits to specific cases will depend on the law at the relevant time and on the precise facts.

Overview

Each toolkit has three key elements:
  • A checklist - to help you to address the areas of possible error that HMRC identifies as key.
  • Explanatory notes - which identify the underlying types of error, how to mitigate those errors and a brief outline of the tax treatment. HMRC recommends that you review these notes, even if you are confident about answering the questions in the checklist.
  • Cross references - linking to the relevant guidance available online, so you can easily find more detailed guidance if required.
By being more open on the errors that HMRC sees in returns, and suggesting the steps that you can take to reduce those errors, the toolkits will help you to assure the completeness and accuracy of your clients’ returns.
Use of the toolkits is voluntary and you can use them in whatever way best suits you and your clients.
Examples of how the toolkits are used include:
  • as a straightforward checklist
  • to complement or check and refresh your existing processes
  • as a training aid for your staff
It should not be necessary for you to refer to all of the toolkits, only those that are relevant to your clients' circumstances and the return being completed.

Scope

Each toolkit is focused on errors which HMRC finds commonly occur. They are not comprehensive statements of all types of error that may arise in any particular return. For areas not dealt with in the toolkits you should refer to the full HMRC guidance.
Each toolkit will be updated each year to reflect any changes arising from the relevant Finance Act, where applicable, and released for use with that year’s returns.
Where there are changes to legislation, the toolkits provide a brief summary of those changes. The types of error that may arise from new legislation will not be immediately apparent, but if HMRC encounters particular areas of common error, they will seek to address these errors by releasing an updated version.
HMRC's guidance is updated regularly. There will however be occasions when the draft guidance has not yet been published. Where that is the case, the toolkits provide a link to the latest publication available on the HMRC website.
The toolkits do not cover tax avoidance or deliberate attempts to evade tax, which are outside the scope of the toolkits and are subject to HMRC's normal compliance procedures.

Taking reasonable care

Under the penalty legislation, there will not be a penalty for an error in a return or other document where the person has taken reasonable care that the return or document is accurate. As part of their efforts to take reasonable care, a person may seek professional advice and may appoint an agent to help them.
Where a person appoints an agent, this does not relieve them of their responsibility for their tax affairs. They still have a duty to take reasonable care, within their ability and competence, and this includes the person taking reasonable care to avoid inaccuracy by their agent.
The aim of these toolkits is to highlight errors which HMRC finds commonly occur and to help you avoid inaccuracies in your clients' returns that may otherwise lead to penalties. Their use remains entirely voluntary. Whether reasonable care has been taken in any particular case will be a question of fact and will not depend on whether a toolkit has or has not been used.

Saturday, 1 June 2013

Proposed changes to the taxation of partnerships

HMRC Consultation document on the tax rules for partnerships

On 20th May, HM Revenue & Customs issued it's long awaited consultation paper on the tax rules for partnerships. This consultation was announced in the March 2013 budget.

The taxation of partnerships has been under scrutiny for some time, with the suggestion that they are not always purely for commercial purposes but are increasingly being used to achieve tax advantage.
The areas of particular concern relate to national insurance contributions (nic), income tax and capital gains tax.

The consultation is looking at two particular, but unrelated areas where HMRC believes income tax and nic are being avoided. They are disguised employment and Profit and Loss allocation schemes.

Disguised employment


Employment status has been in the spotlight for several years and HMRC has already introduced specialist officers to consider the status of self employed people to cut down on the perceived loss of tax revenue through the artificial take up of the advantageous tax and nic regime for the self employed.

There is a statutory presumption that partners in a partnership are self employed and they have always been taxed on a self employed basis. The Limited Liability Partnership Act 2000 introduced the Limited Liability Partnership from April 2001. The partners within an LLP are taxed like any other partners on a self employed basis.

Currently partners can be remunerated by means of a fixed, predetermined profit share equivalent to a salary and they are still taxed on a self employed. In some cases this has been taken further by changing employees, who have no part in the risk or operation of the business, to partners in the LLP in order to take advantage of the beneficial tax and nic position.
The aim is to prevent a member of an LLP benefiting from the default partner status if the terms of his or her engagement with the LLP are tantamount to an employment. This will be achieved by providing that an individual member who meets either of two conditions be classed as a “salaried member” and, in that capacity, will be liable to income tax and primary (Class 1) NICs as an employee.

The first condition states that a “salaried member” of an LLP is an individual member of the LLP who, on the assumption that the LLP is carried on as a partnership by two or more members of the LLP, would be regarded as employed by that partnership.


This would be determined by referring to the status tests already in use.It is understood that an LLP agreement will not have the terminology or characteristics expected in a contract for services and so there is a second condition;



A “salaried member” of an LLP includes an individual member of the LLP who does not meet the first condition but who:
(a)  has no economic risk (loss of capital or repayment of drawings) in the event that the LLP makes a loss or is wound up;
(b)  is not entitled to a share of the profits; and
(c)  is not entitled to a share of any surplus assets on a winding-up.

Profit and Loss allocation schemes


It potentially links directly with the above in how different classes of partners are rewarded for their contribution, funding of the partnership and probably artificial arrangements involving companies with non-commercial arrangements on say transfer pricing and profit sharing or extraction.
There are a number of particularly aggressive arrangements that exist in the market. For example some structures are designed so that all revenue profits are earned in a company whilst all capital gains are earned in a partnership for the same business.
The proposed treatment is to reallocate profits for tax and nic purposes on a just and reasonable basis and to deny loss relief claims where these losses are considered to be articificial. 
Additionally buying and selling of partnership profits will be looked at to ensure that the transaction is not purely an attempt to switch income otherwise subject to income tax to a gain subject to tax at a lower rate.
The changes will take effect from 6 April 2014, with the government seeking views on these proposals for changing the partnerships rules by 9 August 2013.

Wednesday, 22 May 2013

HMRC recalculates bills for 5 million taxpayers


Some 5.5 million people overpaid or underpaid tax last year, HM Revenue & Customs has admitted. It means they will be clawing back up to £1bn from unsuspecting taxpayers for unpaid tax in the 2012-13 financial year.

But up to 3.5 million will receive an average repayment of between £350 and £500. That means HMRC will be handing back up to £1.75bn.
About 2 million taxpayers will receive surprise demands after the Revenue calculated they underpaid tax in the 2012-13 financial year. They will be asked to make up an average shortfall of between £400 and £500, although the Revenue said it allow the shortfalls to be paid during the 2014-15 tax year.
HMRC began the laborious process of contacting the millions affected on Wednesday after it started its annual PAYE End of Year Reconciliation process for 2012-13. With so many people to contact, some taxpayers won't find out whether they owe money – or are due a refund – until October.
An HMRC spokesperson explained: "Around 85 per cent of pay as you earn taxpayers pay the right tax throughout the year. But if a customer's circumstances have changed over the course of the year – if, for example, they have moved in and out of work, or received new benefits – we need to work out whether they have paid too much or too little tax. This is the normal process that the PAYE system has used for 70 years."

By Simon Read