HMRC notices

As part of the Autumn 2024 Budget measures, the government introduced new anti-avoidance provisions to prevent the abuse of the existing close company anti-avoidance rule. The measure will have effect for any tax avoidance arrangements falling within the scope of the announcements that are made on or after 30 October 2024.

The government has said they are introducing this new measure as they have become aware of arrangements using a group of companies or amongst associated companies, so that new loans are made and then repaid in a chain such that no s455 charge arises on the increasing amounts extracted. Chapters 3A and 3B cannot catch the behaviour.

It will be clear under new legislation in Finance Bill 2024-25, that where the TAAR applies (where companies and their shareholders are attempting to avoid the s455 charge on any extractions), tax is payable whether or not there has apparently been a repayment, or a repayment is subsequently made. Section 464B of the CTA 2010, which currently provides relief from the charge in cases where a return payment is made (even if the payment is made for avoidance purposes), will be repealed and relevant amendments will be made to Section 464D.

There are specific customs requirements for commercial goods that you take with you to sell abroad. You must declare any goods intended for sale outside the UK, whether they are in your baggage or a private vehicle.

The regulations for commercial goods or samples carried by passengers in their accompanied baggage are known as Merchandise in Baggage (MIB). As of January 2024, the threshold for simplified declarations of MIB increased to £2,500 (increased from £1,500). If your goods fall below this threshold, you can make a simple online declaration within five days before your departure.

A full export declaration is necessary if the goods exceed £2,500 in value or if they are subject to excise duty or import/export restrictions.

For Northern Ireland, different rules apply. If you are taking commercial goods from Northern Ireland to Great Britain or the EU in your accompanied baggage, no declaration is required.

There are separate procedures for temporarily taking goods abroad (such as samples for a trade fair) or when using a courier or freight forwarder.

The Tax-Free Childcare (TFC) scheme helps working families manage childcare costs by providing support through a wide network of registered providers, including childminders, breakfast and after-school clubs, and approved play schemes across the UK. Parents can also contribute to their TFC account regularly and save their allowances for use during school holidays.

The scheme is available to parents with children up to 11 years old, with eligibility ending on 1 September following the child’s 11th birthday. For children with certain disabilities, the age limit is extended to 1 September after their 16th birthday.

Through the TFC scheme, the government tops up parental contributions by 25%. For every £8 contributed, the government adds £2, up to a maximum of £10,000 per child per year. This offers parents annual savings of up to £2,000 per child (or up to £4,000 for disabled children up to age 17).

The scheme is open to all qualifying parents, including the self-employed and those earning minimum wage. It is also available to parents on paid sick leave, as well as those on paid and unpaid statutory maternity, paternity, and adoption leave. To be eligible, parents must work at least 16 hours per week and earn at least the National Minimum Wage or Living Wage. However, if either parent earns more than £100,000, neither can participate in the scheme.

There is a basic principle that dividends or other distributions must not be paid out of capital even if the Articles of a company authorise such a payment. For the purposes of this article, reference to distributions includes dividends.

This is stated as follows in Companies Act 2006, section 830:

Distributions to be made only out of profits available for the purpose

(1) A company may only make a distribution out of profits available for the purpose.

(2) A company's profits available for distribution are its accumulated, realised profits, so far as not previously utilised by distribution or capitalisation, less its accumulated, realised losses, so far as not previously written off in a reduction or reorganisation of capital duly made.

(3) Subsection (2) has effect subject to sections 832, 833A and 835 (investment companies and Solvency 2 insurance companies).

HMRC’s internal manuals go further and states that the Act lays down what may be termed the ‘balance sheet surplus’ method of determining profits available for distribution. Under this, a company can distribute the net profit on both capital and revenue at the particular time, as shown by the relevant accounts.

Section 830 lays down the basic rule, but it does not apply to investment companies and is qualified in respect of public companies by section 831. It states that a company’s profits available for distribution are its accumulated, realised profits (on both revenue and capital) not previously distributed or capitalised, less its accumulated realised losses (on both revenue and capital) not written off in a proper reduction or reorganisation of capital.

These definitions for smaller companies can be summarised as, dividends can only be paid if there are sufficient revenue reserves – excluding issued and paid up share capital – to cover the payment. Directors should have sight of up-to-date management accounts when making a judgement regarding a proposed dividend payment and the accounts should include a realistic estimate for any current year corporation tax liability.

If you are uncertain if your company meets these obligations, please call. We can help you crunch the numbers.

There are many tax reliefs available to married couples or civil partners. In many cases, these reliefs are only available if the couple / civil partners meet the legal definition of living together.

This definition of ‘living together’ is set out in the Income Tax Acts as follows:

Individuals who are married to, or are civil partners of, each other are treated for the purposes of the Income Tax Acts as living together unless:

(a) they are separated under an order of a court of competent jurisdiction;

(b) they are separated by deed of separation; or

(c) they are in fact separated in circumstances in which the separation is likely to be permanent.

It is important to understand that the three alternatives mentioned all require the spouses or civil partners to be separated, meaning their marriage or civil partnership must have broken down. However, if the couple are not living together but their marriage or partnership has not ended, they are still considered to be living together for Capital Gains Tax purposes.

HMRC’s internal manuals on the transfer of assets between spouses discusses this point when talking about a transfer of an asset. The transfer of an asset between spouses or between civil partners will be treated as transfer at no gain/no loss if they are living together.

The date of separation is crucial in determining whether an asset transferred between spouses or civil partners is considered to have been transferred at no gain or loss.

The Let Property Campaign provides landlords who have undeclared income from residential property lettings in the UK or abroad with an opportunity to regularise their affairs by disclosing any outstanding liabilities whether due to misunderstanding the tax rules or because of deliberate tax evasion. Participation in the campaign is open to all residential property landlords with undisclosed taxes. The campaign is not suitable for those letting out non-residential properties.

Landlords who do not avail of the opportunity and are targeted by HMRC can face penalties of up to 100% of the tax due together with possible criminal prosecution. Taxpayers that come forward will benefit from better terms and lower penalties for making a disclosure. Landlords that make an accurate voluntary disclosure are likely to face a maximum penalty of 0%, 10% or 20% depending on the circumstance on top of the tax and interest due. There are higher penalties for offshore liabilities.

There are three main stages to taking part in the campaign, notifying HMRC that you wish to take part, preparing an actual disclosure and making a formal offer together with payment. The campaign is open to all individual landlords renting out residential property. This includes, amongst others, landlords with multiple properties and specialist landlords with student or workforce rentals. Once HMRC have been notified of the wish to take part in the campaign, landlords usually have 90 days to calculate and pay any tax owed.

Two separate £1,000 tax allowances for property and trading income were introduced in April 2017. If you have both types of income highlighted below, then you can claim a £1,000 allowance for each.

The £1,000 exemptions from tax apply to:

• If you make up to £1,000 from self-employment, casual services (such as babysitting or gardening) or hiring personal equipment (such as power tools). This is known as the trading allowance.
• If your annual gross property income is £1,000 or less, from one or more property businesses you will not have to tell HMRC or declare this income on a tax return. For example, from renting a driveway. This is known as the property allowance.

Where each respective allowance covers all the individual’s relevant income (before expenses) the income is tax-free and does not have to be declared. Taxpayers with higher amounts of income will have the choice, when calculating their taxable profits, of deducting the allowance from their receipts, instead of deducting the actual allowable expenses.

You cannot use the allowances in a tax year, if you have any trade or property income from:

• a company you, or someone connected to you, owns or controls;
• a partnership where you, or someone connected to you, are partners; or from
• your employer or the employer of your spouse or civil partner.

You cannot use the property allowance if you:

• claim the tax reducer for finance costs, such as mortgage interest for a residential property; or
• deduct expenses from income from letting a room in your own home, instead of using the Rent a Room scheme.

The child benefit rates for the only or eldest child in a family is currently £25.60 and the weekly rate for all other children is £16.95.

Taxpayers entitled to the child benefit should be aware that HMRC usually stop paying child benefit on the 31 August following a child’s 16th Birthday. Under qualifying circumstances, the child benefit payment can continue until a child reaches their 20th birthday if they stay in approved education or training. A qualifying young person is someone aged 16, 17, 18 or 19 in full time non-advanced education or on unpaid approved training courses.

HMRC has just sent more than 1.4 million Child Benefit reconfirmation letters to parents whose child may be affected. The letters include a QR code which, when scanned, directs them to GOV.UK to update their claim quickly and easily online. This can also be done on the HMRC app.

Parents have until 31 August 2024 to tell HMRC that their 16-year-old is continuing their education or training, and their intention to continue receiving Child Benefit. No child benefit is payable after a young person reaches the age of 20 years.

HMRC’s Director General for Customer Services recently said:

‘Child Benefit is an important financial support for many families, so make sure you don’t miss out on any payments if your teenager intends to continue approved education or training. You can quickly and easily extend your claim online or via the HMRC app, just search ‘Child Benefit when your child turns 16’ on GOV.UK.’

Child benefit is usually payable for children who come to the UK. However, there are a number of rules which must be met in order to claim. HMRC must be notified without delay if a child receiving child benefit moves permanently abroad.

Whilst there are a large number of state benefits available, it is not clear which of these benefits are taxable and which are tax-free.

HMRC’s guidance provides the following list of the most common state benefits that are taxable, i.e., Income Tax is payable, subject to the usual limits:

• Bereavement Allowance (previously Widow’s pension)
• Carer’s Allowance
• contribution-based Employment and Support Allowance (ESA)
• Incapacity Benefit (from the 29th week you get it)
• Jobseeker’s Allowance (JSA)
• pensions paid by the Industrial Death Benefit scheme
• the State Pension
• Widowed Parent’s Allowance

The most common state benefits you do not have to pay Income Tax on are:

• Attendance Allowance
• Bereavement support payment
• Child Benefit (income-based – use the Child Benefit tax calculator to see if you’ll have to pay tax)
• Child Tax Credit
• Disability Living Allowance (DLA)
• free TV licence for over-75s
• Guardian’s Allowance
• Housing Benefit
• Income Support – though you may have to pay tax on Income Support if you’re involved in a strike
• income-related Employment and Support Allowance (ESA)
• Industrial Injuries Benefit
• lump-sum bereavement payments
• Maternity Allowance
• Pension Credit
• Personal Independence Payment (PIP)
• Severe Disablement Allowance
• Universal Credit
• War Widow’s Pension
• Winter Fuel Payments and Christmas Bonus
• Working Tax Credit

HMRC’s published guidance titled ‘Check genuine HMRC contact that uses more than one communication method’ has been updated. The list is intended to help taxpayers check if recent contacts purporting to be from HMRC are actually a scam.

The guidance contains a list of emails, phone calls, letters and text messages recently issued by HMRC that are genuine. The list can be useful to help taxpayers decide if a contact is genuine or from a fraudster trying to trick taxpayers into supplying confidential or personal information.

Some of the most recent additions to the list include the following:

• Temporary Customer Compliance Manager service for mid-size businesses. HMRC’s Customer Insight Team will be inviting mid-size businesses and their agents for feedback about the temporary Customer Compliance Manager service. From 1 March 2024 up to and including 31 May 2024 HMRC may contact you by phone or email.
• Tax code notice research. HMRC are working with independent research agency People for Research to recruit participants to gather feedback on communications notifying taxpayers of their tax code. You may have been contacted by email or phone call to take part in the research.
• Cryptoasset research. HMRC are working with independent research agency Ipsos UK to carry out research into the cryptoasset industry. From 2 April 2024 up to and including 31 May 2024 Ipsos UK may contact you by email, letter or phone. Ipsos are carrying out research on behalf of HMRC into the cryptoasset industry. The research aims to understand the behaviours and attitudes of individual owners of cryptoassets and the operation and business models of cryptoasset service providers. You may receive a letter, email or phone call from Ipsos UK asking you to take part in an interview, which will be conducted online or by telephone.
• Impact of Making Tax Digital on Income Tax self-assessment taxpayers. HMRC are working with independent research agency Verian to explore the impact of Making Tax Digital (MTD) on Income Tax self-assessment (ITSA) taxpayers. You may be contacted through email, letter or phone call and asked to take part in a telephone interview or a survey.

Participation in any of these research items is voluntary.