Donations through Gift Aid

The Gift Aid scheme is available to all UK taxpayers. The charity or Community Amateur Sports Clubs (CASC) concerned can take a taxpayer’s donation and, provided all the qualifying conditions are met, can reclaim the basic rate tax allowing for an extra 25p of tax relief on every pound donated to charity.

Higher rate and additional rate taxpayers are eligible to claim tax relief on the difference between the basic rate and their highest rate of tax. This can be actioned through their Self-Assessment tax return or by asking HMRC to amend their tax code.

For example:

If a taxpayer donates £500 to charity, the total value of the donation to the charity is £625. The taxpayer can claim additional tax back of:

  • £125 if they pay tax at 40% (£625 × 20%),
  • £156.25 if they pay tax at 45% (£625 × 20%) plus (£625 × 5%).

Taxpayers should be aware that one of the conditions of gaining tax relief is that you must have paid enough tax (or any tax) in the relevant tax year. The rules state that your donations will qualify for tax relief as long as you have not claimed more than 4 times what you have paid in tax in that tax year. If you have claimed more tax relief than you are entitled to you will need to notify the charity and pay back any excess tax relief to HMRC.

Source:HM Revenue & Customs| 17-10-2022

Chancellor statements – 17 October 2022

The new Chancellor of the Exchequer, Jeremy Hunt, was only appointed on Friday 14 October 2022. However, following another turbulent weekend, the Chancellor made not one but two important statements on 17 October 2022 about the future of the economy. The first, an emergency televised statement to the nation and the second, a statement to MPs in the House of Commons.

HM Treasury had prefaced these events with a short press release stating that the announcements followed the Prime Minister's statement on Friday, and further conversations between the Prime Minister and the Chancellor over the weekend, to ensure sustainable public finances underpin economic growth.

The previous Prime Minister’s statement on Friday had confirmed that the planned increase in Corporation Tax that was set to come into effect in April 2023 will now go ahead. This move represented a second major U-turn by the government following the mini-budget. The first U-turn being the announcement to scrap the proposed removal of the 45p personal tax rate from April 2023.

The Corporation Tax main rate will now increase from 19% to 25% on 1 April 2023 for companies with profits over £250,000. A Small Profits Rate (SPR) of 19% will apply for companies with profits of up to £50,000. There will also be a marginal rate of Corporation Tax for companies making profits of between £50,000 and £250,000 meaning an incremental rise in the Corporation Tax rate from 19% to 25% depending on how much profit a firm makes.

On Monday (17 October 2022), the Chancellor went even further and announced a reversal of almost all of the remaining tax measures set out in the Growth Plan (23 September 2022) by the previous Chancellor, Kwasi Kwarteng, that have not yet been legislated for in parliament.

In his emergency statement, the Chancellor confirmed that the following tax policies will no longer be taken forward:

  • Cutting the basic rate of income tax to 19% from April 2023. This means that the basic rate of income tax will remain at 20%. The Chancellor said that any reduction in the basic rate will now only take place when economic conditions allow for it and a change is affordable.
  • Cutting dividends tax by 1.25% from April 2023. This means that the 1.25% increase, which took effect in April 2022, will remain in place.
  • The moves to simplify IR35 rules, including the repeal of the 2017 and 2021 reforms will not go ahead. The reforms will now remain in place.
  • The planned introduction of a new VAT-free shopping scheme for non-UK visitors to Great Britain will not go ahead.
  • Freezing alcohol duty rates from 1 February 2023 for a year. This will see the price of beer, cider, wine and spirits increase.

The changes are estimated to be worth around £32 billion a year.

It was also announced that the Energy Price Guarantee Scheme that came into effect on 1 October 2022 to help tackle the energy crisis and was set to remain in place for two years will now only be guaranteed until April 2023. There is also a parallel Energy Bill Relief Scheme to help cut energy bills for non-domestic energy customers, including UK businesses, the voluntary sector like charities and the public sector such as schools and hospitals that was due to remain in place until 31 March 2023. HM Treasury has announced that a new review will be launched to consider how to support households and businesses with energy bills after April 2023.

The government has confirmed the move to reverse the 1.25% rise in National Insurance contributions (NICs) that came into effect at the start of the 2022-23 tax year on 6 April 2022 remains in place. This will see the reversal of the NIC increase from 6 November 2022 and will cover Class 1 (both employee and employer), Class 1A , Class 1B and Class 4 (self-employed) NICs. It was also confirmed that the ring-fenced Health and Social Care Levy of 1.25% due to be introduced from April 2023 will not now go ahead as originally planned.

The increase in the Stamp Duty Land Tax (SDLT) nil rate band to £250,000 (from £125,000), effective since 23 September 2022 will also remain in place as will the increased SDLT bands payable for first-time buyers.

The increase in the Annual Investment Allowance threshold (to £1 million) will also remain in place.

The Chancellor is expected to deliver a full autumn statement on 17 November 2022.

Source:HM Treasury| 17-10-2022

Prime Minister’s statement – 14 October 2022

The Prime Minister, Liz Truss delivered a hastily arranged press conference on Friday 14 October. At the press conference, the Prime Minister confirmed that she had sacked the Chancellor, Kwasi Kwarteng after less than six weeks in office. This was done in order to try and deal with the market and political turmoil that had increased significantly following the Growth Plan, commonly referred to as the mini-budget, on 23 September.

The Prime Minister also used the press conference to confirm that the planned increase in Corporation Tax that was set to come into effect in April 2023 will now go ahead. This move represents a second major U-turn by the government following the mini-budget. The first U-turn being the announcement to scrap the proposed removal of the 45p tax rate from April 2023.

The Corporation Tax main rate will now increase from 19% to 25% on 1 April 2023 for companies with profits over £250,000. A Small Profits Rate (SPR) of 19% will apply for companies with profits of up to £50,000. There will also be a marginal rate of Corporation Tax for companies making profits of between £50,000 and £250,000 meaning an incremental rise in the Corporation Tax rate from 19% to 25% depending on how much profit a firm makes.

The Prime Minister accepted that elements of September’s Growth Plan went further and faster than markets were expecting. However, there was no sign of an apology for the recent economic crisis and her position is appearing increasingly untenable.

It was also confirmed that the Prime Minister has appointed Jeremy Hunt as the new Chancellor of the Exchequer and he becomes the fourth person to hold the position this year. Mr Hunt has held a number of Cabinet positions in the past including foreign minister and health secretary and was a previous leadership contender.

The new Chancellor will deliver the Medium-Term Fiscal Plan on 31 October, detailing action to get debt falling as a percentage of GDP over the medium term. The Corporation Tax increase is expected to raise around £18 billion a year although it remains to be seen if there will be further tax increases and spending cuts.

Source:HM Government| 15-10-2022

What Self-Assessment items can be stoodover by HMRC?

A stand over can be used to postpone certain Self-Assessment payments due to HMRC. There are two types of stand over payments, a formal stand over and an informal stand over.

A formal stand over is used to stand over any Self-Assessment charge against which a postponement application may legally be made.

Formal stand overs may be made against SA charges arising from a:

  • Revenue assessment
  • Revenue amendment
  • Jeopardy amendment

There is no legal right to formally postpone charges arising from

  • Penalties
  • Surcharge
  • Interest

An informal stand over can be used to postpone collection of a charge in order to ensure that a payment is set against another charge on the taxpayer’s Self-Assessment record. An informal stand over should not be used if it is possible to formally stand over all or part of the charge. An informal stand over need not be accompanied by an appeal.

Source:HM Revenue & Customs| 10-10-2022

Jeopardy amendments

A jeopardy amendment can be made to a taxpayer’s Self-Assessment return as part of an S9A general enquiry. A jeopardy amendment should only be made where an HMRC officer believes there is an imminent risk of a loss of tax to the Crown unless the assessment is amended at once. i.e., the tax due is in jeopardy. For example, the officer may become aware that the taxpayer has plans to leave the country or is disposing of assets.

A jeopardy amendment may be made where:

  • The taxpayer type is individual or trust.
  • There is an open S9A enquiry.
  • The enquiry produces evidence indicating that the Self-Assessment is inadequate.

and,

  • There is reason to believe that the failure to make a payment on account of the additional liability could result in a loss of tax.

HMRC manuals are clear that this is not a routine procedure. HMRC should only make a jeopardy amendment where there is a real risk of the loss of substantial amounts of tax.

Source:HM Revenue & Customs| 10-10-2022

Residential Property Developer Tax

The Residential Property Developer Tax (RPDT) is a new tax on large residential property developers that came into effect on 1 April 2022. The new tax was first announced in February 2021 as part of a package of measures to contribute towards the Government’s cost of dealing with defective cladding in the UK’s high-rise housing stock discovered following the Grenfell Tower fire tragedy in June 2017.

This is a profits-based tax levied on the largest residential property developers. The tax is payable by developers with annual profits over £25 million. For companies within the scope of the tax, RPDT is charged at 4% on residential property development profits that exceed their annual allowance of £25 million.

The RPDT applies to profits arising from residential property development in accounting periods ending on or after 1 April 2022, with profits from periods straddling that date being apportioned. The tax applies to all qualifying businesses not just those who were directly involved with defective cladding matters.

HMRC’s internal manuals list the following four key concepts that need to be considered when determining whether a company is an RP developer with the effect that the activities of the company (or other members of its group) fall within the scope of RPDT:

  • Is the company liable to UK Corporation Tax?
  • Is it conducting activities of, or in connection with, the development of residential property in the UK as part of, or in support of, a trade continued by the company or a member of its group?
  • Does the company, or a member of its group, have an interest in the land that is being developed, either directly or through holding a substantial interest in a relevant joint venture company, which will later be disposed of in the course of that trade, other than an excluded interest?
  • Does the development activity relate to residential property, in whole or in part, other than properties which are specifically excluded?
Source:HM Revenue & Customs| 10-10-2022

Claiming Child Trust Fund cash

If you turned 18 on or after 1 September 2020 there may be cash waiting for you in a dormant Child Trust Fund (CTF). If your children recently turned 18 you should also check if they have claimed the money to which they are entitled. The actual amount of money depends on many factors but averages some £2,100.

Children born after 31 August 2002 and before 3 January 2011 were entitled to a CTF account provided they met the necessary conditions. These funds were invested in long-term saving accounts for newly born children. HMRC has confirmed that there are many thousands of teenagers that have turned 18 and not yet claimed the cash to which they are entitled.

HMRC’s Second Permanent Secretary and Deputy Chief Executive, said:

'Teenagers could have a pot of money waiting for them worth thousands of pounds and not even realise it. We want to help you access your savings and the money you’re entitled to. To find out more search ‘Child Trust Fund’ on GOV.UK.'

An estimated 6.3 million CTF accounts were set up throughout the duration of the scheme, containing about £9 billion. If a parent or guardian was not able to set up an account for their child, HMRC opened a savings account on the child’s behalf.

If you are over 18 and already know who your CTF provider is, you can contact them directly to access your cash. This might be a bank, building society or other savings provider. If this information has been lost or is unavailable you can check and track down your provider online using a simple online tool created by HMRC.

Source:HM Revenue & Customs| 10-10-2022

Final warning to use MTD for VAT

The Making Tax Digital (MTD) for VAT regime started in April 2019 when businesses with a turnover above the VAT threshold of £85,000 became mandated to keep their records digitally and provide their VAT return information to HMRC using MTD compatible software.

In April 2022, MTD for VAT was extended to all VAT registered businesses with turnover below the VAT threshold of £85,000. Many businesses with turnover below the VAT threshold had already voluntarily chosen to use MTD for VAT.

More than 1.8 million businesses are using MTD for VAT and more than 19 million returns have been successfully submitted through MTD-compatible software since MTD for VAT was launched.

However, there remains many businesses that continue to use their existing Value Added Tax (VAT) online account to submit VAT returns. The option to submit VAT returns in this way will be closed on 1 November 2022.

This means that businesses who file their VAT returns on a quarterly and monthly basis will no longer be able to use the service from 1 November 2022. There are very limited exemptions available for businesses where HMRC has agreed they are exempt from MTD, for example, people who object to using computers on religious grounds.

HMRC lists the following steps that businesses who are not using MTD for VAT should action as a matter of urgency:

  1. Choose MTD-compatible software – a list of software, including free and low-cost options, can be found on GOV.UK.
  2. Check the permissions in the software – once a business has allowed it to work with MTD, they can file VAT returns easily. Go to GOV.UK to learn how to do this and search ‘manage permissions for tax software’.
  3. Keep digital records for current and future VAT returns – a business can find out what records need to be kept on GOV.UK.
  4. Sign up for MTD and file future VAT returns using MTD-compatible software – to find out how to do this, go to GOV.UK and search ‘record VAT’.

We would of course be happy to help you meet the necessary requirements. If you need any assistance, please do not hesitate to be in touch.

Source:HM Revenue & Customs| 10-10-2022

NI Trader Support Service extended

The Trader Support Service was designed to help businesses moving goods under the Northern Ireland Protocol after the Brexit transition period came to an end. Under the Northern Ireland Protocol, all Northern Ireland businesses continue to have access to the whole UK market. 

The service was due to end this year but has been extended until the end of December 2023. The digital platform helps businesses and traders of all sizes continue to trade seamlessly between Great Britain and Northern Ireland.

The service is free to use and:

  • Offers comprehensive education, training and advice about the changes to the way goods move under the Northern Ireland Protocol.
  • Can complete customs and safety and security declarations when these are required, for movements between Great Britain and Northern Ireland, so that businesses do not have to access HMRC systems directly.

Since the Trader Support Service was launched more than 47,000 businesses have signed up.

Source:HM Revenue & Customs| 10-10-2022

Employing someone step by step

There are a multitude of rules and regulations that you must be aware of when you employ staff.

HMRC’s guidance (entitled Employ someone: step by step) sets out some important issues to be aware of when taking on a new employee.

This includes the following:

  1. Check your business is ready to employ staff – check whether you need to hire someone on a full time or part time basis.
  2. Recruit someone. This includes advertising the role and interviewing candidates. You must also check that they have the right to work in the UK and you may also need to apply for a DBS check (formerly known as a CRB check) if you are working in a field that requires one, e.g., with vulnerable people or security.
  3. Check if the new employees need to be enrolled into a workplace pension.
  4. Agree a contract and salary. Send details of the job (including terms and conditions) in writing to your employee. You need to give your employee a written statement of employment if you’re employing someone for more than 1 month.
  5. Tell HMRC about your new employee. You can do this up to 4 weeks before you pay your new staff. This process must also be completed by directors of a limited company who employ themselves to work in the company.
Source:HM Revenue & Customs| 03-10-2022