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From Taper Relief to Possible Retirement Relief

In last month’s enews we reported on the shock announcement in the Pre- Budget Report that capital gains tax taper relief and indexation allowance would be scrapped for disposals on or after 6 April 2008. Since then business leaders have been making representations to the Chancellor, Alistair Darling, to change his mind or to delay the introduction of the proposals which have significant implications for many taxpayers.

 

Changes Ahead for Capital Allowances

As you are no doubt aware the system of tax reliefs on expenditure on equipment in your business is a complex one. Broadly when you buy a piece of equipment to use in your business you normally cannot set the full cost against that year’s profits, unless the value of the item is quite small, or a special tax relief applies. The cost of more expensive items is written off against profits over a number of years, using the capital allowances system.

 

PAYE Penalties

HMRC had previously issued a significant number of incorrect late filing penalty notices to employers in respect of their 2006/07 PAYE end of year forms P35 and P14. These forms are used to report details of employees pay, tax, national insurance contributions, etc.

 

Northern Rock ISA Savers

Following the problems at Northern Rock earlier this year, the government has announced that it will allow the people affected to re-invest their money into any cash ISA, including Northern Rock’s, and so restore their tax advantages. This announcement applies to funds withdrawn from Northern Rock ISAs between the 13 and 19 September 2007 inclusive.

 

2008/09 Allowances Announced

The government has published the 2008/09 rates and allowances for income tax, national insurance contributions (NI), the state retirement pension as well as other benefits and allowances.

 

Staff Parties

Are you planning a party for your employees? Are you aware of the tax implications?

 

Inheritance Tax Change Welcomed

Chancellor Alistair Darling announced in his Pre-Budget speech a change to the way in which the inheritance tax (IHT) nil rate band of £300,000 can be used for married couples and civil partners.

 

Capital Gains Tax Taper Relief To Be Abolished

The Construction Industry Scheme (CIS) was significantly changed from 6 April this year when monthly returns were introduced for contractors. The CIS300 return details the payments made to subcontractors and any tax deducted from those payments. The returns have to be submitted to HMRC by 19th of the month.

 

Additional Maternity And Paternity Pay And Leave

The government had previously announced their intention to extend Statutory Maternity Pay (SMP), Maternity Allowance and Statutory Adoption Pay from the current 39 weeks entitlement to 52 weeks.

 

National Minimum Wage Prosecutions

HMRC have issued a warning to employers about their programme of targeted enforcement of national minimum wage (NMW) procedures. The programme, which is now in its third year, was introduced to work with employers and workers to address issues and concerns around the NMW.

 

Company Car Drivers And Fuel

The Pre-Budget report also contained an announcement which will affect some company car drivers.

 

Income 'Shifting'

We have previously reported the case of Mr and Mrs Jones who finally won their case in the House of Lords in July this year. You may remember that the profits of Arctic Systems (their company) were paid equally to them by means of dividends. HMRC had tried to have the income assessed solely on Mr Jones rather than between them but failed in their attempt.

 

Construction Industry Scheme Penalties

The Construction Industry Scheme (CIS) was significantly changed from 6 April this year when monthly returns were introduced for contractors. The CIS300 return details the payments made to subcontractors and any tax deducted from those payments. The returns have to be submitted to HMRC by 19th of the month.

 

NMW Rates Set To Rise

National Minimum Wage (NMW) rates are set to rise again from 1 October 2007.

 

24 Days Annual Holiday Entitlement

Employees minimum annual holiday entitlement is increasing from 1 October 2007. The holiday entitlement will increase to 4.8 weeks (24 days if employees work a five day week) from 1 October 2007 and to 5.6 weeks (28 days if employees work a five day week) from 1 April 2009.

 

VAT On Home Computers

HMRC have issued guidance on a change in their policy regarding VAT recovery on computers. The rules affect computers which are made available by employers to their employees for their personal home use.

 

Pre-Budget Report Summary 2007

With Gordon Brown now in the top seat, the eyes of the nation were on Alistair Darling as he delivered his first pre-budget report. The will-they-won’t-they speculation surrounding the election, plus some tax cuts promises from the opposition meant that Darling had to deliver some potentially vote-winning changes.

 

Arctic Systems – HMRC Gives Guidance

Following the decision in the Arctic Systems case HMRC have provided guidance on how tax returns are to be dealt with following the House of Lords’ decision.

 
Test Case Issue to Resolve Bank Charges Debate
The Office of Fair Trading (OFT) is taking a case to the High Court to decide whether or not the level of unauthorised overdraft charges made by banks are legal. According to the OFT, tens of thousands of complaints that these charges are unfair have been received by the County Courts and the Financial Ombudsman Service.
 
HMRC Apologise for Payment Delay

HMRC have apologised to small employers, those with less than 50 employees, awaiting their £150 tax-free incentive payment in respect of the 2006/07 tax year. The incentive payment is due where an employer, or their agent, successfully filed their Employer's Annual Return form P35 and the supporting employee forms P14s online.

 
VAT Fuel Scale Charges
The VAT fuel scale charge is the output VAT charge payable by VAT registered businesses which allow their employees to claim all the fuel expenses on their company cars and reclaim VAT on the full amount of fuel purchased without making an adjustment for private use.
 
VAT Change For Invoices

HMRC have issued guidance on changes to the rules regarding the information to be shown on invoices issued from 1 October 2007. Some of the changes are very minor and reflect current normal business practice. However some businesses will need to amend their current invoices to comply with the guidance.

 
Arctic Systems – The Verdict
The long running saga of Geoff and Diana Jones and their company, Arctic Systems Limited, has recently been back to the courts for the final time to the House of Lords.
 
Advisory Fuel Rates
HMRC have issued advisory fuel rates for company car drivers. These take effect for all journeys undertaken from 1 August so employers should advise affected employees and update any expense forms as soon as possible.
 
Offshore Disclosure – HMRC Follow Up
Recently in enews we reported what has been widely reported in the press as HMRC’s ‘Tax Amnesty’. As previously explained the term amnesty is misleading as it only applies to the penalty that would be charged on undeclared tax relating to the offshore accounts, which HMRC have promised to cap at 10% if a voluntary disclosure is made. HMRC could in theory impose a 100% penalty. The tax and penalties due will need to be paid by 26 November 2007.
 
Refund of Voluntary NICs
As previously reported in enews in some limited circumstances individuals who have paid voluntary national insurance contributions (NICs) may be entitled to a refund. HMRC have now issued further guidance on the refund of voluntary NICs, following the Paymaster General’s announcement on 16 January 2007.
 
Delays in VAT Registration
According to HMRC’s website it is currently taking an average of 38 days to process new VAT registration applications. The reason given for the delay is that HMRC have to carry out anti fraud checks in some cases and this leads to significant delays.
 
Personal Accounts Pensions
The government has published details of a new savings scheme which will give all employees the right to a workplace pension with a contribution from their employer. At present employers with five employees have to offer access to a pension scheme but do not have to make an employer contribution.
 
28 Days Holiday Entitlement – But Not Yet
A couple of months ago we reported on the government’s proposal to increase the minimum statutory holiday entitlement from the current 20 days (including bank holidays) to 28 days (bank holidays inclusive). The 28 days equates to 5.6 weeks for an employee working a five day week.
 
P11D Deadline Looming
The forms P11D, which report employees and directors benefits in kind and expenses for the year ended 5 April 2007 are due for submission to HMRC by 6 July 2007. The process of tracking down the information can take some time so don’t leave things until the last minute.
 
Additional Paid Paternity Leave
The rules for maternity pay and leave are complex and things may be set to become more complicated for employers and more generous for employees.
 
Charities Guide
A concise guide for small charities has been issued. The Cabinet Office and Charity Commission have launched 'Charities Act 2006 - what trustees need to know', which is being marketed as a concise guide to the biggest shake up of charity law for centuries. The guide is primarily aimed at those running small charities to enable them to make the most of the new laws.
 
Smoke Free From 1 July
In last month’s enews we reported that, as a result of provisions in the Health Act 2006, enclosed public places and workplaces have to be smoke free from Sunday 1 July 2007. This date applies to England only.
 
Local Accountants Nominated as Best in Practice
A co-founder and partner of Bristol based leading accountancy practice, Barnes Hunter was recently nominated as a finalist for the ‘Best Chartered Accountant Category’ at the Institute of Chartered Accountants in England and Wales (ICAEW) South West Regional Awards Dinner.
 
Corporation Tax Changes
The Chancellor has moved to discourage small businesses from incorporating for tax reasons by increasing the tax they will pay on profits up to £300,000, from 19% to 20% with effect from 1 April 2007. The small companies rate will further increase 21% in 2008 and to 22% in 2009.
 
Income Tax Rates
There has been a lot of publicity about the announcement that the government propose to reduce the basic rate of income tax from 22% to 20%. This change is due to take effect from 2008/09 and not from 6 April 2007.
 
Employers End of Year Returns
The Employers annual returns P35 and P14 (P60) are due for submission to HMRC by 19 May 2007. There is a tax free incentive payments due of £150 for small employers with less than 50 employees who successfully file their returns electronically.
 
VAT Fuel Scale Charges
HMRC’s intention is to change significantly the VAT fuel scale charges payable by businesses on the provision of fuel for private motoring for their company car drivers. The system of calculating the output VAT charge on a simple cylinder banded table is withdrawn for the businesses first VAT return commencing after 1 May 2007.
 
Tax Reductions or Tax Rearrangements?
Bristol based accountancy practice Barnes Hunter, is warning local people to look closely at this year’s budget announcements before presuming it’s all good news.
 
Budget Report Summary 2007
Gordon Brown has delivered his eleventh, and what is expected to be his final, Budget. This year’s measures contained a few shocks, with the Chancellor’s tax cut provoking an uproarious reaction from Labour and Conservative benches alike. The Budget has been described as ‘substantial’, no surprise if Mr Brown has his eye firmly on Number Ten.
 
Advisory Fuel Rates for Company Cars
HMRC have announced new rates for journeys on or after 1 February 2007.
 
Use of Computers

Before 6 April 2006 the first £500 of the benefit in kind charge arising on the private use of employer provided computer equipment was exempt from tax. As the ‘annual value’ benefit in kind on the use of an asset is calculated as 20% of the market value of the asset when first used to provide the benefit, this exemption generally covered any potential benefit in kind.

 
VAT Fuel Scale Charges
HMRC have produced some of the tables but not the final VAT fuel scale charges which are due to come into effect on 1 May 2007. Businesses will have to use the new scale charges from the start of their first accounting period beginning on or after this date. HMRC are announcing the change early to allow businesses time to familiarise themselves with the new charging structure and make any necessary IT system changes.
 
Cash Accounting Limit Raised

HMRC have announced that the threshold for the Cash Accounting Scheme will be more than doubled from £660,000 to £1,350,000 from 1 April 2007.

 
Increased Maternity Pay
HMRC have updated their guidance on Statutory Maternity Pay (SMP) due to women whose babies are due on or after 1 April 2007.
 
Implementation of The Charities Act 2006
The Government has issued the first commencement order which brings into force a number of the Act's provisions with an effective date of 27 February 2007. Details of exactly what becomes effective were summarised by the Office of the Third Sector in an implementation plan which can be reached using the link below.
 
Integra International – UK and Ireland forge closer relationship
Barnes Hunter are appointed South West representatives for Integra International, a worldwide network of accountancy firms able to offer international companies unrivalled levels of service and expertise. Closer links were recently forged at a meeting held in January at the offices of Barnes Hunter between the UK representatives and Ireland to discuss how we might better service companies with links in both countries.
 
A Warning
Be warned of a fraud email scam that looks as if it has come from HMRC which it definitely hasn’t.

It says...

 
Changes Required to Websites and Electronic Documents
The government has recently issued new legislation extending the requirements for companies and Limited Liability Partnerships (LLPs) to provide certain particulars about themselves on their websites and in electronic versions of all documents.
 
Refunds of Voluntary National Insurance Contributions
Paymaster General Dawn Primarolo and Pensions Reform Minister James Purnell have announced that people who have made voluntary National Insurance Contributions to make up for gaps in their records may be able to claim a refund if they made the contributions since 25 May 2006.
 
Homeworking Costs for the Self Employed
HMRC have revised their guidance on the deductibility of household expenses for those people who work from home on a self employed basis. This has always been a complex area and case law has meant that the rules were at least very confusing!
 
Construction Industry Scheme
In last month’s enews we reported that HMRC had launched their press campaign on the introduction of the new Construction Industry Scheme (CIS) which will be introduced on 6 April 2007. In the Pre-Budget Report the government made two announcements regarding CIS tax rates.
 
Air Passenger Duty
For those of you planning to fly off in the New Year you should be aware that Air Passenger Duty (APD) rates will be increased from 1 February 2007.
 
Date for Arctic Systems Hearing Announced
At last, it has been announced that the Arctic Systems case will be heard in the House of Lords from 5 to 7 June 2007. The case, and the subsequent uncertainty, has now been running for more than two years and it is to be hoped that some sort of finality to this issue can be obtained before the end of 2007.
 
Employer Late Filing Penalties for 2005/06
HMRC have announced that they have started sending out late filing penalty notices to those employers who they believed sent in their 2005/06 employer’s annual return forms P35 and CIS36 late. The due date for the 2005/06 returns was 19 May 2006 and fixed penalties are charged where the employer’s original return was received after 29 May 2006.
 

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