Income Tax

It was announced as part of the Spring Budget measures that the present favourable tax benefits presently allowed for the letting of properties as short-term holiday lets – known as the furnished holiday lettings (FHL) tax regime – is to be abolished from April 2025. The Labour government has confirmed that these changes will take effect as planned.

HMRC has now published a policy paper providing further details of how these changes will work in practice.

The policy paper states that the changes will remove the tax advantages that current furnished holiday let landlords have received over other property businesses in four key areas by:

• applying the finance cost restriction rules so that loan interest will be restricted to basic rate for Income Tax;
• removing capital allowances rules for new expenditure and allowing replacement of domestic items relief;
• withdrawing access to reliefs from taxes on chargeable gains for trading business assets; and
• no longer including this income within relevant UK earnings when calculating maximum pension relief.

After repeal, former FHL properties will form part of the person’s UK or overseas property business and be subject to the same rules as non-furnished holiday let property businesses.

There is also an anti-forestalling rule that prevents the obtaining of a tax advantage through the use of unconditional contracts to obtain capital gains relief under the current FHL rules. This rule applies from 6 March 2024.

The loss of the special tax regime for holiday lets is expected to have a significant effect on many of those involved with the short-term holiday rental business in the UK.

The letters in your tax code signify your entitlement (or not) to the annual tax free personal allowance. The tax codes are updated annually and help employers work out how much tax to deduct from an employee’s pay packet. 

The basic personal allowance for the current (and next) tax year is £12,570. The corresponding tax code for an employee entitled to the standard tax-free Personal Allowance 1257L. This is the most common tax code and is used for most people with one job and no untaxed income, unpaid tax or taxable benefits (for example the use of a company car).

There are a range of numbers and letters that can appear in your tax code. For example, there are letters that show when an employee is claiming the marriage allowance (M) or where their income or pension is taxed using the Scottish rates (S). If your tax code numbers are changed this usually means your personal allowance has been reduced.

There are also emergency tax codes (W1 or M1) which can be used if a new employee does not have a P45. These codes mean that an employee’s tax calculation is based on what they are paid in the current pay period.

If your tax code has a 'K' at the beginning this means that deductions due for company benefits, state pension or tax owed from previous years are greater than your personal allowance. However, the tax deduction for each pay period cannot be more than half your pre-tax pay or pension.

It is important to check your tax code to ensure the correct information is being used. If you have any queries we can help, or you can check with your employer or HMRC.

The Scottish rate of income tax (SRIT) is payable on the non-savings and non-dividend income of those defined as Scottish taxpayers.

The definition of a Scottish taxpayer is based on whether the taxpayer has a 'close connection' with Scotland or elsewhere in the UK. The liability to SRIT is not based on nationalist identity, location of work or the source of a person’s income e.g., receiving a salary from a Scottish business.

HMRC’s guidance states that for the vast majority of individuals, the question of whether or not they are a Scottish taxpayer will be a simple one – they will either live in Scotland and thus be a Scottish taxpayer or live elsewhere in the UK and not be a Scottish taxpayer. 

If a taxpayer moves to or from Scotland from elsewhere in the UK, then their tax liability for the tax year in question will be based on where they spent the most time in the relevant tax year. Scottish taxpayer status applies for a whole tax year. It is not possible to be a Scottish taxpayer for part of a tax year.

Residents may also need to pay Scottish Income Tax if they live in a home in Scotland and also have a home elsewhere in the UK. In this case, residents will need to identify which is their main home based on published guidance and the facts on the ground. Taxpayers may also be liable to SRIT if they do not have a home and stay in Scotland regularly, for example stay offshore or in hotels.

The marriage allowance can be claimed by married couples and those in a civil partnership and where a spouse or civil partner does not pay tax or does not pay tax above the basic rate threshold for Income Tax (i.e., one of the couples must currently earn less than the £12,570 personal allowance for 2024-25).

The allowance works by permitting the lower earning partner to transfer up to £1,260 of their personal tax-free allowance to their spouse or civil partner. The marriage allowance can only be used when the recipient of the transfer (the higher earning partner) does not pay more than the basic 20% rate of income tax. This would usually mean that their income is between £12,571 and £50,270 during 2024-25. For those living in Scotland this would usually mean income between £12,571 and £43,662.

Using the allowance the lower earning partner can transfer up to £1,260 of their unused personal tax-free allowance to a spouse or civil partner. This could result in a saving of up to £252 for the recipient (20% of £1,260), or £21 a month for the current tax year.

If you meet the eligibility requirements and have not yet claimed the allowance you can backdate your claim as far back as 6 April 2020. This could result in a total tax break of up to £1,260 if you can claim for 2020-21, 2021-22, 2022-23, 2023-24 as well as the current 2024-25 tax year.

HMRC’s online Marriage Allowance calculator can be used by couples to find out if they are eligible for the relief. An application can then be made online at GOV.UK.

If you earn over £100,000 in any tax year your personal allowance is gradually reduced by £1 for every £2 of adjusted net income over £100,000 irrespective of age. This means that any taxable receipt that takes your income over £100,000 will result in a reduction in personal tax allowances that would reduce the allowance to zero if your adjusted net income is £125,140 or above.

Your adjusted net income is your total taxable income before any personal allowances, less certain tax reliefs such as trading losses, certain charitable donations and pension contributions.

For the current tax year, if your adjusted net income is likely to fall between £100,000 and £125,140 you would pay an effective marginal rate of tax of 60% as your £12,570 tax-free personal allowance is gradually withdrawn.

If your income sits within this band you should consider if there are any planning opportunities to avoid this personal allowance trap by reducing your income below to £100,000. This can include giving gifts to charity, increasing pension contributions and participating in certain investment schemes.

A higher rate or additional rate taxpayer who wanted to reduce their tax bill could make a gift to charity in the current tax year and then elect to carry back the contribution to 2023-24. A request to carry back the donation must be made before or at the same time as the 2023-24 self-assessment return is completed i.e., by 31 January 2025.

All children in the UK have their own personal allowance, currently £12,570. There are special rules if a parent gifts significant amounts of money to their children which results in them receiving bank interest of more than £100 (before tax) annually. If this is the case, the parent is liable to pay tax on all the interest if it is above their own Personal Savings Allowance (PSA). These anti-avoidance laws are designed to prevent a child’s personal allowance being used by parents of children aged under 18, with some minimal exceptions.

The PSA allows basic-rate taxpayers to receive interest of up to £1,000 on savings income tax-free. For higher-rate taxpayers the tax-free PSA is £500. Taxpayers paying the additional rate of tax do not benefit from the PSA.

The £100 limit does not apply to money given by grandparents, relatives or friends. In addition, any income from Junior ISA’s or CTF’s is exempt from Income Tax and CGT on the child or the parent even when the invested funds came from the child’s parents. The 2024-25 subscription limit for both CTFs and Junior ISAs is £9,000.

If older children are employed by a parent they can receive income paid as wages subject to the usual employment rules.

Self-assessment taxpayers are usually required to pay their income tax liabilities in three instalments each year. The first two payments on account are due on 31 January during the tax year and 31 July following the tax year end date.

These payments on account are based on 50% each of the previous year’s net income tax liability. In addition, the third (or only) payment of tax will be due on 31 January following the end of the tax year. If you think that your income for the next tax year will be lower than the previous tax year, you can apply to have your payment on account reduced. This can be done using HMRC’s online service or by completing form SA303.

Please note that you do not need to make any payments on account where your net Income Tax liability for the previous tax year is less than £1,000 or if more than 80% of that year’s tax liability has been collected at source.

There are no restrictions on the number of claims to adjust payments on account a taxpayer or agent can make. The payments are based on 50% of your previous year’s net income tax liability. If your liability for 2024-25 is lower than 2023-24 you can ask HMRC to reduce your payment on account. The deadline for making a claim to reduce your payments on account for 2024-25 is 31 January 2026.

If taxable profits have increased there is no requirement to notify HMRC although the final balancing payment will be higher.

The 2023-24 tax year ended on 5 April 2024 and the new 2024-25 tax year started on 6 April 2024. Most taxpayers will be happy to leave dealing with their 2023-24 tax returns until later this year or even until January 2025.

The 31 January 2025 is not just the final date for submission of the 2023-24 self-assessment tax return but also an important date for payment of tax due. This is the final payment deadline for any remaining tax due for the 2023-24 tax year. In addition, the 31 January 2025 is also the usual payment date for any Capital Gains Tax due in relation to the 2023-24 tax year, and please note, any CGT due on the sale of a residential property needs to be paid within 60 days from the completion of the disposal. The 31 January 2025 is also the first payment on account deadline for 2024-25.

We recommend that you consider acting early and calculating what payments you will need to make by 31 January 2025. By preparing your tax return early in the tax year you have not accelerated the payment date, but you will know what your tax bill will be well before the payment deadline of 31 January 2025. Your accountant will also appreciate the extra time to prepare your tax return and you will avoid the eleventh-hour rush. If you are due a tax refund, this will also be processed more quickly.

Remember that calculating how much tax you may owe is different from filing the return. This strategy should also give you time to set aside enough money to pay any tax due by 31 January 2025 and avoid any last-minute surprises. Of course, if you are due a repayment of tax then it is a useful strategy to file your tax return as soon as possible.

There is an online tool, developed by HMRC, that allows taxpayers to check if they need to notify HMRC about additional income. The online tool can be found at www.gov.uk/check-additional-income-tax.

You are required to submit a self-assessment return if any of the following apply:

• you were self-employed as a ‘sole trader’ and earned more than £1,000 (before taking off anything you can claim tax relief on);
• you were a partner in a business partnership;
• you had a total taxable income of more than £150,000 in 2023-24 (£100,000 in 2022-23);
• you had to pay Capital Gains Tax when you sold or ‘disposed of’ something that increased in value; or
• you had to pay the High Income Child Benefit Charge.

You may also need to send a tax return if you have any untaxed income, such as:

• money from renting out a property;
• tips and commission;
• income from savings, investments and dividends; or
• foreign income.

There could be other reasons why you may be required to register for self-assessment and therefore using HMRC’s online tool can help you check if you are required to submit a return.

If you are a higher rate or additional rate taxpayer you have the option to carry back your charitable donations to the previous tax year. A request to carry back the donation must be made before or at the same time as your previous year’s self-assessment return is filed.

This means that if you made a gift to charity in the current 2024-25 tax year that ends on 5 April 2025, you can accelerate repayment of any tax associated with your charitable giving. This can be a useful strategy to maximise tax relief. For example, if you would not pay higher rate tax in the current tax year but did in the previous tax year. The formal carry-back claim should be undertaken as part of the self-assessment tax return for 2023-24, which must be submitted by 31 January 2025.

You can only claim if your donations qualify for gift aid. This means that your donations from both tax years together must not be more than four times what you paid in tax in the previous year.

If you do not complete a tax return you need to use a P810 form to make a claim.

If you are a higher rate or additional rate taxpayer, you are eligible to claim additional tax relief on the difference between the basic rate and your highest rate of tax.

For example:

If you donated £5,000 to charity, the total value of the donation to the charity is £6,250. You can claim:

• £1,250 if you pay tax at the higher rate of 40% (£6,250 × 20%),
• £1,562.50 if you pay tax at the additional rate of 45% (£6,250 × 25%).