fpdteam, Author at Bennetts Accountancy

Asset disposals not subject to Capital Gains Tax

21st April 2022 by fpdteam

Capital Gains Tax (CGT) is a tax on the profit made from selling certain assets such as property, shares or other investments. CGT is usually charged at a flat rate of 20% and applies to most chargeable gains made by individuals.

If taxpayers only pay basic rate tax and make a small capital gain, they may only be subject to CGT at a reduced rate of 10%. Once the total of taxable income and gains exceed the higher rate threshold, the excess will be subject to 20% CGT. An 8% surcharge applies to the sale of chargeable residential property (apart from a principal private residence) and carried interest (the share of profits or gains that is paid to asset managers). There is also an annual CGT exemption for individuals that is currently £12,300.

There are a number of asset disposals, which are not subject to CGT.

These include:

your car
your main residence – known as a principal private residence, but there are some important caveats to be aware of
personal possessions worth up to £6,000 each, such as jewellery, paintings or antiques
stocks and shares you hold in tax-free investment savings accounts, such as ISAs and PEPs
UK Government or 'gilt-edged' securities, for example, National Savings Certificates, Premium Bonds and loan stock issued by the Treasury
betting, lottery or pools winnings
personal injury compensation
foreign currency you bought for your own or your family's personal use outside the UK

So, if you are lucky enough to win the National Lottery this weekend, it is unlikely you will have to pay CGT!

Note that none of the above exemptions apply when the gains arise through trading or business activities as distinct from occasional sales and disposals.

Source:HM Revenue & Customs| 18-04-2022

When does a partnership exist?

14th April 2022 by fpdteam

A partnership is a relatively simple way for two or more legal persons to set up and run a business together with a view to profit. Partnerships can take many forms. Legal persons other than individuals can also be partners in a partnership.

There are two main types of partnership, a conventional one with two or more partners in the business. There is also a limited liability partnership or LLP, this more complex structure provides partners with the protection of limited liability, just as with a company.

HMRC’s manual is clear that a partnership may exist without a written agreement, on the basis that a later written agreement gives formal expression to an oral agreement already existing. The date of the formation of the partnership remains the date on which the terms of the oral agreement are implemented.

However, when a written agreement creates a partnership where none exists, it is effective from the date of execution and implementation of the written agreement. It has no retrospective effect.

HMRC’s own internal advice when determining if a partnership exists states that… it is important that you establish all of the facts to determine the true relationship between the parties. This will include finding out what the intentions of the parties were. No single factor is likely to be conclusive on its own. You will need to form an overall view, based on all the facts and evidence.

Source:HM Revenue & Customs| 11-04-2022

NIC relief if employing veterans

14th April 2022 by fpdteam

A new National Insurance Contributions (NICs) holiday for employers who hire former members of Her Majesty (HM) armed forces came into force on 6 April 2021. This allows employers to apply a zero-rate of secondary Class 1 Employer NICs on the earnings of veterans during the first year of their civilian employment post-service. The zero-rate applies up to the Veterans Upper Secondary threshold (currently £50,270 per annum).

From 6 April 2022, employers can now claim this relief in real time by submitting Real Time Information (RTI) returns. Employers who used this relief in 2021-22 can claim back the relief retrospectively for any qualifying employees who joined their company in the last 12 months.

Employers can claim this relief for the 12-month period starting on the first day of the veteran’s first civilian employment after leaving the regular armed forces.

An employee qualifies as a veteran if they have either:

served at least one day in the regular armed forces
completed at least one day of basic training

The relief is available to a veteran who has started their first civilian job regardless of when they left the regular armed forces.

The Minister for Defence People and Veterans said:

‘Our veterans have made important contributions to keeping our country safe. The skills they gain during service are invaluable, and businesses can greatly benefit from their dedication. I encourage all businesses to consider hiring veterans and supporting their journey to civilian life after service.’

Source:HM Revenue & Customs| 11-04-2022

HMRC names avoidance scheme promoters

14th April 2022 by fpdteam

HMRC has used new powers introduced in the Finance Act 2022 to name tax avoidance schemes and their promoters for the first time. Under this legislation HMRC can name avoidance scheme promoters, publish details of the way they promote tax avoidance schemes and name the schemes they promote.

This allows HMRC to warn users and potential users of these schemes at the earliest possible stage of the risks and to help those already involved to leave these avoidance arrangements.

The two named schemes are:

Absolute Outsourcing, of Foerster Chambers, Todd Street, Bury, Greater Manchester
Equity Participation Scheme (EPS), promoted by Purple Pay Limited (PPL), of Gracechurch Street, London.

Both schemes involve individuals agreeing an employment contract and working as a contractor. The schemes pay contractors the National Minimum Wage with the remainder of their wage paid through a loan to try to avoid National Insurance and Income Tax.

HMRC will also regularly update the list by publishing the details of other tax avoidance schemes and their promoters. It is important to note that there are other schemes and the fact that a scheme is not included in HMRC’s list does not mean that the scheme works or is in any way approved by HMRC.

Source:HM Revenue & Customs| 11-04-2022

Check your Income Tax for current year

14th April 2022 by fpdteam

HMRC offers taxpayers the ability to check their Income Tax for the current tax year. The online portal has been updated for the new 2022-23 tax year from 6 April 2022 to 5 April 2023. The service is not available to taxpayers who only pay Income Tax using Self-Assessment.

The service can be used to:

check your tax code and Personal Allowance
see if your tax code has changed
tell HMRC about changes that affect your tax code
update your employer or pension provider details
see an estimate of how much tax you will pay over the whole tax year
check and change the estimates of how much income you will get from your jobs, pensions or bank and building society savings interest

In order to use this service, taxpayers must prove their identity using a Government Gateway user ID. If you have not used this service before, you can register online.

The portal used to be available for those using the GOV.UK Verify service. However, this alternative sign-in method for a limited number of HMRC online services was removed from 1 April 2022.

Source:HM Revenue & Customs| 11-04-2022

Tax if you live abroad and sell UK home

14th April 2022 by fpdteam

One of the most often used and valuable of the Capital Gains Tax (CGT) exemptions covers the sale of the family home. In general, there is no CGT to pay on a property which has been used as the main family residence. An investment property which has never been used will not qualify. This relief from CGT is commonly known as private residence relief or PRR.

The rules are different if you live abroad. A CGT charge on the sale of UK residential property by non-UK residents was introduced in April 2015. Only the amount of the overall gain relating to the period after 5 April 2015 is chargeable to tax. In certain circumstances PRR may apply where the property is the owner’s only or main residence.

A UK non-resident that sells UK residential property needs to deliver a non-resident CGT (NRCGT) return and pay any CGT within 60 days of selling a relevant property. The return must be made whether or not there is any NRCGT to be paid, if there is a loss on the disposal, and when the taxpayer is due to report the disposal on their Self-Assessment tax return.

There are penalties for failing to file the NRCGT return within the deadline as well as for failing to pay any tax due on time.

Source:HM Revenue & Customs| 11-04-2022

Business tax cuts from April 2022

14th April 2022 by fpdteam

A number of business tax cuts came into effect from April 2022. This includes an increase in the Employment Allowance from £4,000 to £5,000.

The allowance enables eligible employers to reduce their National Insurance liability. An employer can claim less than the maximum if this covers their total Class 1 NIC bill. This increase represents a tax boost for around 495,000 small businesses who can claim an increased reduction in their NIC liabilities or even reduce their bills to zero.

The Employment Allowance is only available to employers with employer NIC liabilities of under £100,000 in the previous tax year. Connected employers or those with multiple PAYE schemes will have their contributions aggregated to assess eligibility for the allowance.

A news release from HM Treasury also highlighted a number of other measures on offer to spur business growth, including:

A new 50% business rates relief worth almost £1.7 billion, for eligible high street businesses, subject to a £110,000 cash cap per business.
A freeze to the business rates multiplier worth £4.6 billion over the next five years.
A temporary twelve-month-long 5p cut to fuel duty.
The super-deduction tax break that allows companies to deduct 130% of the cost of any qualifying investment on most new plant and machinery investments that would ordinarily qualify for 18% main rate writing down allowances continues until 31 March 2023.
Help to Grow programmes are supporting SMEs to adopt productivity enhancing software and to get mini-MBAs.

Source:HM Treasury| 11-04-2022

Commuting to work

7th April 2022 by fpdteam

As a general rule, there is no tax relief for ordinary commuting. The term 'ordinary commuting' is defined to mean travel between a permanent workplace and home, or any other place that is not a workplace. Case law has also confirmed that travel between home and a permanent workplace is ordinary commuting even where home is also a workplace.

In practical terms this means that there is no deduction for the cost of travel between an employee's permanent workplace and:

an employee's home (with limited exceptions), or
any other place the employee visits for reasons that are not related to the employment, or
any place at which the employee performs the duties of another employment.

Any journey between an employee's permanent workplace and home or any other place at which the employee's attendance is not necessary for the duties of that employment, is ordinary commuting for which no deduction is due.

The rules are different for temporary workplaces where the expense is allowable. A workplace is defined as a temporary workplace if an employee goes there to perform a task of limited duration or for a temporary purpose.

There are specific exemptions from tax for works bus services and subsidies paid to public bus services as well as for the provision by an employer of bicycles and cycling equipment in order to encourage environmentally friendly transport between home and work.

Source:HM Revenue & Customs| 04-04-2022

Rural pubs community funding

7th April 2022 by fpdteam

The Department for Levelling Up, Housing and Communities has published the list of successful bidders from the reopening of the first round of the Community Ownership Funding. This brings the total level of funding in the first round to almost £8m. Thus, helping communities across the UK take ownership of assets and amenities at risk of closure. In total, the government has committed to funding of £150m until 2024-25.

The funding round has helped rural pubs in areas such as West Cornwall and Melton Mowbray placing them into community ownership with the support of local people.

The government also announced funding for a sports academy in Northern Ireland, a community centre in Scotland, an historic chapel in County Durham and a village shop and post office in Dorset.

The Secretary of State for Levelling Up said:

‘Pubs, historic buildings and sports clubs form a vital part of our heritage and for too many places they are a disappearing part of the local community. That is why we are helping local people take control of these beloved community assets, which would otherwise be lost.’

Source:HM Government| 04-04-2022

NIC Rates and Allowances for 2022-23

7th April 2022 by fpdteam

HMRC has published an updated version of the rates and thresholds for employers following the spring statement. The main changes relate to the increases in the National Insurance (NIC) thresholds. This will see the NIC threshold increase from £9,880 to £12,570 from 6 July 2022 and result in the alignment of the Primary Threshold (PT) for Class 1 NICs and Lower Profits Limit (LPL) for Class 4 NICs, with the personal allowance of £12,570.

The PT and LPL will be £9,880 (as previously announced) from 6 April 2022 – 5 July 2022 and £12,570 from 6 July 2022 – 5 April 2023. This means the LPL will be £11,908 for the 2022-23 tax year which is equivalent to 13 weeks of the threshold at £9,880 and 39 weeks at £12,570. HMRC’s document also includes weekly and monthly figures to help calculate weekly / monthly pay.

The increases in NICs of 1.25% – first announced last year – also took effect from April 2022. These increases will be ring-fenced to provide funding for the NHS, health and social care.

The increases will also apply to Class 1 contributions (paid by employees) above the primary and secondary thresholds. Employers should ensure that they have prepared for the increase as these changes will increase wage costs from April 2022.

All existing NICs reliefs to support employers will continue to apply. In addition to the employment allowance, this includes the following:

employees under the age of 21
apprentices under the age of 25
qualifying Freeport employees
armed forces veteran

There are also corresponding increases in Secondary Class 1 NICs (paid by employers) and Class 4 NICs (paid by the self-employed).

Source:HM Revenue & Customs| 04-04-2022