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Be prepared for business rate changes as rateable value update takes effect

The Valuation Office Agency (VOA) has updated the rateable values of all businesses, and other non-domestic, properties in England and Wales from 1 April 2023.

The Government levies the charge on offices, shops, pubs, and warehouses. In fact, most non-domestic properties will attract business rates. They may also be charged where only part of a building is used for non-domestic purposes.

A Government business rates support package has been put in place worth around £13.6 billion over the next five years.

It includes measures to freeze the business rates multipliers at 49.9p and 51.2p in 2023-24, which, it is claimed, will see bills six per cent lower than they would have been without the freeze.

Changes to business rates in 2023:

  • The multiplier represents the number of pence in each pound of the rateable value that will be payable in business rates before any relief or discounts are applied.
  • A transitional relief scheme will cap bill increases caused by changes in rateable values at the 2023 revaluation.
  • For retail, hospitality, and leisure business rates relief will be increased from 50 per cent to 75 per cent (up to £110,000 per business) in 2023-24.
  • The increases are capped at £600 per year from April 2023 if businesses lose their eligibility for small business rates relief as a result of the revaluation.

The updated values reflect the property market as of 1 April 2021 and, while some sectors benefit, others have been hit hard by the Business Rates Revaluation 2023.

How are business rates calculated?

They will be based on the property’s ‘rateable value’, the estimated value on the open market.

The rateable value for your property is not what you pay in business rates or rent. Your council uses the rateable value to calculate your business rates bill.

What is the Small Business Rates Relief?

This applies if the property has a rateable value of less than £15,000, and generally if the business only uses one property:

  • Full relief is available on properties with a rateable value of £12,000 or less
  • For those between £12,001 and £15,000, relief goes down gradually from 100 per cent to zero per cent

If you’re a small business but you don’t qualify for small business rate relief, your bill will still be worked out using the lower small business multiplier (for properties with a rateable value below £15,000).

Need help with understanding business rates? Contact us today.

Government announces shakeup in the payment of Benefits in Kind

The Government has announced a shake-up in how Benefits in Kind (BIK) are paid. The move will allow tax agents to run payroll BIK on behalf of clients for the first time.

The Government says it will help to reduce administrative burdens on employers and enable agents to support their clients more effectively.

If an employer provides a taxable benefit, such as the use of a company car, the taxable benefit has to be valued. For most types of BIK, the law sets out how to work out the value, with tax paid on the taxable value of the benefit.

Report expenses

It is currently the duty of employers to report taxable expenses or benefits for employees to HM Revenue & Customers (HMRC) directly through payroll or at the end of the tax year. They are also required to report how much Class 1A National Insurance (NI) is owed on all the expenses and benefits provided and pay any outstanding NI.

The Chancellor announced in the March Budget a move to simplify the tax system for taxpayers and their agents, and will deliver IT systems to enable tax agents to payroll BIKs on behalf of employers.

Agents will be able to report expenses related to company cars, health insurance, travel and entertainment, and childcare.

Digital reporting

HMRC has already confirmed that it will require the minority of digitally capable employers who still submit forms reporting employee benefits and expenses on paper, to use online forms from April 2023.

It will then move to issuing P6 and P9 coding notices solely using digital methods.

Expenses and benefits for each employee do not have to be reported at the end of the tax year if all expenses and benefits are payrolled.

There are penalties for non-compliance if employers carelessly or deliberately give inaccurate information in a tax return that results in not paying enough tax or over-claiming tax reliefs.

Need advice on Benefits in Kind payments and other taxation matters? Contact us.

Spring Budget 2023

Just a few days short of the third anniversary of the first Covid lockdown, Chancellor Jeremy Hunt rose to the Despatch Box to deliver the first full Budget to have taken place in 504 days and the first unaffected by the immediate impact of the pandemic since October 2018.

Of course, in that time, we have had several fiscal statements and mini-Budgets, but never a full Budget Statement.

In contrast to the last full Budget, gone is the financial emergency of the Covid lockdowns, gone is the immediate fallout from the ill-fated Truss-Kwarteng mini-Budget of last Autumn, and gone is the immediate threat of a winter with households and businesses crippled by astronomical fuel bills.

Against a background of Brexit, Covid and domestic political instability, Jeremy Hunt will doubtless have been hoping that the first full Budget post-Covid would mark a return to a more normal footing for politics and the economy.

However, there was still plenty for the Chancellor to deal with. Inflation, exceptionally high fuel bills, stagnant growth, economic inactivity and the post-Covid damage to the public finances have not gone away.

Those were the areas the Chancellor was expected to set his sights on as he rose to his feet.

OBR Forecasts and the Public Finances

The Chancellor began by describing his speech as a “Budget for Growth”, saying he would deliver on an aim to make the UK one of the most prosperous countries in the world by removing barriers to investment, tackling labour shortages, breaking down barriers to work and harnessing British ingenuity.

He said the Office for Budget Responsibility (OBR) expects inflation to fall from a high of 10.7 per cent in the final quarter of 2022 to 2.9 per cent by the end of 2023, achieving the Government’s aim of halving inflation.

The OBR no longer expects the economy to enter a technical recession, with the economy expected to shrink by 0.2 per cent during 2023, before growing by 1.8 per cent in 2024, 2.5 per cent in 2025, 2.1 per cent in 2026 and 1.9 per cent in 2027.

Moving to the public finances, the Chancellor said that public sector net debt is currently 100.6 per cent of GDP but is expected to fall to 94.6 per cent of GDP by 2027-28.

“Back to Work” Measures

The Chancellor said that there are currently one million vacancies in the economy and seven million adults of working age who are not currently employed. He said that encouraging more people from this group into the labour market would be vital for growing the economy.

He announced various measures designed to get people back to work, including reforms to disability and out-of-work benefits intended to remove certain constraints and disincentives to work.

He also noted that there are now three million working age people over the age of 50 who are not in work – a figure that has increased by more than 300,000 since the pandemic. To tackle this, he announced further career support for the over-50s and a dedicated program of apprenticeships to be known as “Returnerships”.

Meanwhile, the Chancellor said that five occupations in the construction sector will be added to the Shortage Occupation List, making it easier for employers to employ skilled workers from outside the UK.

Cost of Living, Childcare and Fuel Bills

Following an announcement earlier in the day, the Chancellor confirmed that the Government’s Energy Price Guarantee, which caps per-unit household energy bills, will remain in place for a further three months from April to June 2023.

The Chancellor said that this effectively continues to cap a typical household bill at £2,500 a year.

At the same time, he said that fuel duty will remain frozen and the existing temporary 5p cut will be retained for an additional year.

He also confirmed another significant measure that had been announced ahead of the Budget in the form of a commitment to extend the provision for 30 hours’ free childcare for the children of working parents to the parents of all pre-school children aged from nine months. These reforms will be phased in gradually from April 2024 to September 2025.

There will also be changes to staff-to-child ratios in nurseries and incentives for new childminders to encourage an increase in provision in the sector.

Business Taxation

The Chancellor announced two significant changes for businesses – the introduction of a new “Full Expensing” scheme to help mitigate the impact of April’s increase in the main rate of Corporation Tax, which he confirmed will go ahead, and further reforms to Research and Development (R&D) Tax Relief.

Full Expensing will be introduced from 1 April 2023, replacing the Super Deduction. It will allow companies to write off the full cost of qualifying plant and machinery investments in the year of the investment. The measure initially applies for three years but the Chancellor said he hoped to make it permanent “when fiscal conditions allow”.

The Chancellor announced a significant increase in the relief available to loss-making R&D intensive SMEs, which will now receive £27 from HM Revenue & Customs (HMRC) for every £100 of R&D investment.

The move has been prompted by reforms previously announced that will take effect from April 2023 that will reduce the rate of tax relief and tax credits available to some SMEs.

Additionally, the Chancellor announced the creation of 12 investment zones across the UK. Those in England will have access to funds worth £80 million over five years, with a five year tax offer equivalent to that available to Freeports.

The zones will be located in the East Midlands, Manchester, Liverpool, the North East, South Yorkshire, Tees Valley, the West Midlands and West Yorkshire, as well as in each of Wales, Scotland and Northern Ireland.

Pensions

Few Budgets come to pass without some sort of rabbit-out-of-the-hat moment and this one was no exception.

While it had been trailed that there would be a significant increase in the Pensions Lifetime Allowance from its current level of £1 million, in a surprise move the Chancellor announced that the Pensions Lifetime Allowance would be scrapped entirely from April 2023.

At the same time, he also increased the Pensions Annual Allowance from its current level of £40,000 up to £60,000 from April 2023.

Conclusion

This was in many ways a return to normality for a Budget following the upheavals of recent years.

Reforms to Pension Allowances in particular may mean that business owners and senior professionals will need to revisit their tax planning to take advantage of the increased ability to save into their pension pots.

Link: Spring Budget 2023

Penalties warning as changes to energy efficiency standards come into force

Landlords and potential investors need to be aware of imminent changes to energy efficiency standards for properties, which can attract hefty fines if not adhered to.

Changes to Minimum Energy Efficiency Standards (MEES) and Energy Performance Certificate (EPC) requirements, come into force on 1 April.

At the moment, for commercial properties, a tenancy cannot be granted to new or existing tenants if the property has an EPC rating of F or G, unless the property is registered on the Private Rented Sector (PRS) Exemptions Register.

But from 1 April, it will be an offence to continue to let or rent out a property if it does not have a rating of at least E, which will attract a fine.

Some exemptions

Fines range from 10 per cent of the rateable value for breaches of less than three months (minimum £5,000 to a maximum of £50,000) to 20 per cent of the rateable value for breaches over three months (minimum £10,000 to a maximum of £150,000). Additionally, the breach may be made public through entry in the PRS Exemptions Register.

Some exemptions may apply to the minimum E rating requirement, including a seven-year payback test, third-party consent, devaluation, and recently becoming a landlord.

Residential properties

Residential properties should already have the required E rating, but Government proposals mean that by 2025 they must be upgraded to a C rating or higher for any new lettings, and in 2028 it will also apply to any continuing tenancies.

All of this means landlords should start preparing to make sure their properties are up to the required standard by the time of the deadlines.

Not only is there the threat of penalties for non-compliance, but they must consider the costs of upgrading properties and the consequent loss of rental income if they are not up to standard.

Property owners will therefore need to be able to show that the property has an appropriate minimum EPC rating of E in place and that all the relevant energy improvements that can be made have been completed.

For help and advice on related matters, contact us today.

Taxpayers warned over fraudsters using fake QR codes

Taxpayers who use QR codes to make payments on their mobile devices have been warned by HMRC to beware of scammers.

HMRC includes QR codes on a welcome letter it posts to taxpayers who are newly registered for Self-Assessment, which takes them to the authority’s advice pages.

The QR code is only displayed when the taxpayers first log into their HMRC online account through the Government Gateway, on a desktop browser.

Once that has been completed, taxpayers can scan the code with a mobile device, which allows them to make a payment.

Online account

HMRC says taxpayers should only use a QR code that is presented to them while logged into their HMRC account, via the Government Gateway.

Payment details displayed on their mobile banking platform should match those shown in their HMRC online account. 

HMRC says if a taxpayer receives a QR code via email or another electronic message, it is a scam and taxpayers are encouraged to report it.

Helpline advice

HMRC added that from January this year, it may send a text message if taxpayers call one of their helplines from a mobile phone.

The caller will be told to expect a text message immediately or shortly after the call, which may send a link to the relevant GOV.UK information or a webchat.

HMRC says it will never ask for personal or financial information when sending text messages. It warns not to open any links or reply to a text message claiming to be from HMRC that offers you a tax refund in exchange for personal or financial details.

Reporting suspicious activity

Scammers often pretend to be HMRC by texting or emailing a link that will take customers to a false web page, where their bank details and money will be stolen. Fraudsters are also known to threaten victims with arrest or imprisonment if a bogus tax bill is not paid immediately.

People can report suspicious phone calls using a form on GOV.UK; customers can also forward suspicious emails claiming to be from HMRC to phishing@hmrc.gov.uk and texts to 60599.

Anyone who is in doubt about whether a website is genuine should visit GOV.UK for more information about Self-Assessment and use the free signposted tax return forms.

Having problems with Self-Assessment and related tax matters? Contact us today.

Be aware of your taxation responsibilities when trading with cryptoassets

As the values of some cryptocurrencies like Bitcoin have soared, it has allowed many people to make substantial financial gains.

This inevitably brings HM Revenue & Customs (HMRC) into the picture, with its compliance officers using data-gathering powers to identify potential tax avoidance offenders.

Taxing cryptoassets

Tax liabilities depend upon the way the profit was gained and the circumstances of the business or individual which means that buying or selling using cryptocurrency – or acquiring cryptocurrency as an investment – could result in a liability to Income Tax, Capital Gains Tax (CGT), or Inheritance Tax (IHT).

How to remain compliant

If you have achieved cryptoasset gains that are liable to CGT, you will need to report this on a tax return and pay the arising tax by 31 January following the end of the tax year in which they arise.

If you do not usually complete tax returns it is necessary to register with HMRC within six months of the end of the tax year.

When calculating CGT payable on cryptoassets, the standard CGT tax exemption is available, entitling every taxpayer to annual gains of £12,300  before any tax is payable. Anything above that figure is subject to taxation.

Gifting cryptoassets

Just like other assets, cryptoassets can be given away as part of a lifetime gifting strategy.

They are considered to be property for the purposes of IHT and will form part of an individual’s estate. However, because of the volatile nature of the market, any gifting should be done with caution after taking expert advice. Gifts between spouses are always tax-free, as with other types of assets.

Income Tax 

If HMRC decides that you are trading, rather than just investing, it may tax your profits as income instead of gains. This typically occurs where an individual is:

·        Actively mining cryptocurrency

·        Is considered a dealer due to the volume of trade they complete

·        Validating transactions

·        Staking and yield farming.

In all of these cases, a person is likely to be remunerated through the receipt of fees and/or further cryptoassets in return for their services. On this basis, these rewards may be subject to income tax.

Some employers are also choosing to pay staff via cryptoassets. If an employer awards cryptoassets, they are taxable as employment benefits.

Need advice on the taxation of cryptocurrencies and other taxation matters? Contact us today.

How divorcing couples can minimise any tax liabilities

Separating and divorcing couples should therefore think carefully about and plan the split of their assets as early as possible and take legal and tax advice to minimise the tax cost of their separation and leave as much value as possible to share between them.

These areas include Capital Gains Tax (CGT), Income Tax, Inheritance Tax (IHT) and Stamp Duty Land Tax (SDLT).

Transfers of assets between spouses are effectively exempt from CGT. This continues whilst the couple is living together (unless separated by court order/deed of separation). Transfers of value between spouses are also exempt from inheritance tax (IHT), as are legacies to spouses from the death estate.

If you are married or in a civil partnership, you can transfer assets from one to another without any CGT until you separate and then the transfer between one spouse and the other is only free from CGT for transfers that occur in the tax year in which the separation occurs, i.e., before the following 6 April.

Spouses or civil partners will be treated as separate for CGT when:

·        Separated under an order of a court,

·        Separated by a formal Deed of Separation executed under seal (except in Scotland where the deed should be witnessed)

·        Separated in such circumstances that the separation is likely to be permanent.

·        The marriage or civil partnership should have broken down. If the marriage or civil partnership has not broken down but the couple does not reside in the same house they are still treated as living together for CGT purposes.

Income Tax

There is no Income Tax to pay when transferring assets under a divorce settlement.

When the financial settlement has been made, it is possible that as part of the division of assets, you receive assets such as savings accounts or shares. In this case, income tax will be due on any income generated by these assets in the normal way.

Inheritance Tax

Transfers between spouses are tax-free until the date of Decree Absolute.

HM Revenue & Customs (HMRC) accepts that any transfer of property as a result of a court order is exempt from IHT, even if it takes place after the Decree Absolute.

The transfer of personal allowance continues until the end of the tax year in which the Decree Absolute is pronounced, as long as the transfer has been claimed before the pronouncement.

Stamp Duty

Stamp Duty Land Tax (SDLT) is payable on transactions including land and property.  Any property that is transferred on divorce is generally not subject to Stamp Duty as long as:

·        The transfer has been ordered by the court

·        The transfer has been agreed upon by the parties concerned

If neither of the above applies, Stamp Duty will be payable.

Need advice on minimising taxation liabilities when divorcing? Contact us today.

Understanding the 60-day rule for property and Capital Gains Tax (CGT)

Changes to the reporting of sales of UK residential properties to HM Revenue & Customs (HMRC) were introduced in April 2020.

The result was that you were required to report and pay any 2Capital Gains Tax (CGT) due within 60 days of selling the UK property or land if the completion date was on or after 27 October 2021.

Previously the deadline for reporting and making payment of any CGT was 30 days.

Reporting property disposals

Who will need to submit the CGT Return within 60 days?

·        Individual taxpayers

·        Joint owners of the residential property

·        Partners in general partnership and limited liability partnership (LLP)

·        Trustees of a trust

What types of property sales fall within the scope of a 60-day CGT Return?

·        Buy-to-let residential property

·        Holiday homes or second home

·        Residential properties you partly lived as a primary residence or never lived as your primary residence

·        House of multiple occupations

What types of transactions fall within the scope of the 60-day CGT return?

Whether the transaction is a sale, a gift, a transfer of deed or declaration or any other transfer means it falls within the scope.

HMRC will impose a late filing penalty and charge interest if you miss the 60 days from the date of conveyance to report your disposal and pay any tax due.

If you miss the deadline by:

·        Up to six months, you will get a penalty of £100

·        More than six months, a further penalty of £300 or five per cent of any tax due, whichever is greater

·        More than 12 months, a further penalty of £300 or five per cent of any tax due, whichever is greater

Need help understanding and complying with the 60-day rule? Call us today.

New income tax relief eligibility rules for those working from home

The pandemic forced millions more people to work from home, and as a result, the Government introduced an income tax allowance of £6 a week.

The rules were also temporarily changed so employees didn’t need to prove that they worked from home regularly. Instead, it meant they could claim up to £140 per year even if only working from home for one day.

As many workers are now back in the workplace, HMRC has updated its guidance for the 2022/23 tax year.

Those employees, who are still eligible, can claim from the current tax year 2022/23 onwards for tax relief, but they can’t claim if they choose to work from home.

What has changed?

The eligibility criteria are different depending on which tax year you are claiming for.

For the 2020/21 and 2021/22 tax years, employees will need to meet the following criteria to be eligible for the working-from-home tax relief:

·        Your employer told you to work from home.

·        Your household costs increased because of working from home.

·        Your employer did not pay your expenses to cover the extra costs associated with working from home.

Claims can be backdated for the working-from-home allowance, so there is still time to claim for both the 2020/21 tax year and the 2021/22 tax year.

However, for the 2022/23 tax year, employees can’t claim tax relief if they choose to work from home.

This includes if their contract lets them work from home some or all of the time, if they work from home because of COVID-19 or if their employer has an office, but they cannot go there sometimes because it’s full.

But some people will still be able to claim with HMRC giving examples of if their job requires them to live far away from the office. Or the employer doesn’t have an office.

Need advice on income tax relief? Contact us today.

Fuel rate boost for electric car drivers, but other advisory fuel rates cut

Company car drivers will see changes to the amount they can claim back for fuel costs from their employer from 1 March.

HM Revenue & Customs (HMRC) has also confirmed that the way the advisory electricity rate (AER) is calculated has been changed to better reflect energy prices, particularly with soaring electricity costs, when it is reviewed quarterly.

Previously it has been based solely on an annual figure published by the Department for Business, Energy & Industrial Strategy (BEIS), and the electrical energy consumption values for each car model, provided by the Department for Transport (DfT).

Quarterly index

HMRC will continue to use the BEIS and DfT data but will now also incorporate figures published in the Office for National Statistics (ONS) quarterly index for domestic electricity.

The new rates include a 1 pence per mile (ppm) increase in the advisory electricity rate (AER) used to reimburse drivers of electric company cars.

In contrast, and to reflect falling fuel prices, petrol, diesel and LPG advisory fuel rates (AFRs) have been reduced from 1 March.

Rates cut for petrol and diesel

The rates for petrol company cars have all been cut, with the AFR for petrol vehicles up to 1,400cc now 13 ppm.

Vehicles powered by 1,401-2,000cc engines see a decrease of 2 ppm, to 15 ppm. For engines larger than 2,000cc the AFR sees the biggest reduction of 3 ppm, to 23 ppm.

For diesel, cars up to 1,600cc there is a reduction of 1 ppm, to 13 ppm, and engines from 1,601-2,000cc see a reduction of 2 ppm to 15 ppm. The 2,000cc rate is cut by 2 ppm to 20 ppm.

For LPG vehicles up to 1,400cc, the rate remains the same at 10 ppm but has been cut by 1ppm to 11ppm for vehicles with an engine size of 1,401-2,000cc. For engines greater than 2,000cc, there is also a reduction of 1 ppm to 17 ppm.

Hybrid cars are treated as either petrol or diesel cars for AFR purposes.