A reminder – HMRC’s badges of trade

The 'badges of trade' tests whilst not conclusive are used by HMRC to help determine whether an activity is a proper economic trade / business activity or merely a money-making by-product of a hobby.

The approach by the courts in using the badges of trade has been to decide questions of trade on the basis of the overall impression gained from a review of all the badges.

HMRC will consider the following nine badges of trade as part of their overall investigation as to whether a hobby is actually a trade:

  • Profit-seeking motive
  • The number of transactions
  • The nature of the asset
  • Existence of similar trading transactions or interests
  • Changes to the asset
  • The way the sale was carried out
  • The source of finance
  • Interval of time between purchase and sale
  • Method of acquisition

Even if HMRC consider that the activities in question are a trade, taxpayers can make up to £1,000 per year tax-free by claiming the trading allowance.

Source:HM Revenue & Customs| 20-12-2021

BOE advises government on inflation hike to 5.1%

The current Governor of the Bank of England, Andrew Bailey, has written to the Chancellor of the Exchequer, Rishi Sunak. The letter was dated 16 December 2021 and has been uploaded to GOV.UK. The correspondence related to the recently published figures from the Office for National Statistics (ONS) showing a significant increase in inflation to 5.1%.

The letter addresses the following:

  • the reasons why inflation has moved away from the 2% target, and the outlook for inflation;
  • the policy action that the MPC is taking in response;
  • the horizon over which the MPC judges it is appropriate to return inflation to the target;
  • the trade-off that has been made by the MPC with regard to inflation and output variability in determining the scale and duration of any expected deviation of inflation from the target; and
  • how this approach meets the Government’s monetary policy objectives.

CPI inflation is expected to remain around 5% through the majority of the winter period, and peak at around 6% in April 2022. 

Source:HM Treasury| 20-12-2021

Pay your tax bill by instalments

Businesses and self-employed people in financial distress, and with outstanding tax liabilities, may be eligible to receive support with their tax affairs through HMRC’s Time To Pay service.

An online payment plan for Self-Assessment tax bills can be used to set up instalment arrangements for paying tax liabilities up to £30,000. Taxpayers that qualify for a Time to Pay arrangement using the self-serve Time to Pay facility online, can do so without speaking to an HMRC adviser. The service will create a bespoke monthly payment plan based on how much tax is owed and the length of time needed to pay. The service was used by over 123,000 taxpayers for the 2019-20 tax year to spread the cost of over £460m in tax.

Taxpayers that want to use the online option for their 2020-21 tax return must meet the following requirements:

  • have filed their tax return for the 2020-21 tax year
  • owe less than £30,000
  • be within 60 days of the payment deadline of 31 January 2022
  • plan to pay their debt off within the next 12 months or less

Taxpayers with Self-Assessment tax payments that do not meet the above requirements need to contact HMRC to request a Time To Pay arrangement. These arrangements are agreed on a case-by-case basis and are tailored to individual circumstances and liabilities.

HMRC will usually offer taxpayers the option of extra time to pay if they think they genuinely cannot pay in full but will be able to pay in the near future. If HMRC do not think that more time will help, then they can require immediate payment of a tax bill and start enforcement action if payment is not forthcoming.

Source:HM Revenue & Customs| 20-12-2021

Plug-in grants for electric vehicles

The government has announced significant changes to the low-emission vehicles plug-in grant scheme. The changes became effective on 15 December 2021. The changes have been introduced in response to soaring demand for electric vehicles and to help target those buying the most affordable zero emission cars. More than 10% of cars sold in 2021 were electric.

Under the previous rules a grant of up to £2,500 was available for qualifying cars with an 'on the road' price cap of up to £35,000. From 15 December 2021, the government will provide grants of up to £1,500 for electric cars priced under £32,000. There are currently estimated to be 20 models on the market that would qualify. The support for wheelchair accessible vehicles is being prioritised, these will retain the £2,500 grant and a higher £35,000 price cap although there are a limited number of grants available.

There are also grants available for specified motorcycles, mopeds, small vans, large vans, taxis and trucks. Grant rates for the plug-in van grant are now £5,000 for large vans and £2,500 for small vans, with a limit of 1,000 per customer per year. Motorcycle and moped grants have also changed, with the government now providing £500 off the cost of a motorcycle, and £150 for mopeds, with a price cap on vehicles of £10,000.

The plug-in grant scheme was first launched in 2011 and is available across the UK with dealers using the grant towards the price of eligible new cars. The paperwork for the grant application is handled by the dealer selling the vehicle.

The scheme is open to qualifying purchases by private individuals and businesses.

Source:HM Revenue & Customs| 20-12-2021