Category Archives: Business News

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.

Employers brace for uplift to the National Minimum Wage

Workers across the UK will get a pay rise from April as higher National Minimum Wage (NMW) rates are introduced.

According to the Government, around two million of the UK’s lowest-paid workers will benefit from the rise in the National Living Wage (NLW) and NMW rates.

From April 2023, the NLW will increase by 92 pence per hour, or 9.7 per cent, to £10.42 whilst the NMW rates for younger workers will also increase.

Currently, the National Living Wage applies to those 23 and over, the age having been lowered from 25 in April 2021.

Those aged 21-22 will earn £10.18 an hour, a £1 rise, whilst 18–20-year-olds will receive £7.49 an hour, an increase of 66p.

Apprentices and 16 and 17-year-olds will receive £5.28 an hour, a 47p increase.

These rates are for the National Living Wage (for those aged 23 and over) and the National Minimum Wage (for those of at least school-leaving age).

The new rates are:

23 and over21 to 2218 to 20Under 18Apprentice
April 2022 (current rate)£9.50£9.18£6.83£4.81£4.81
April 2023£10.42£10.18£7.49£5.28£5.28

The Low Pay Commission estimates that there were two million workers paid at or below the minimum wage in April 2019, around seven per cent of all UK workers.

Penalties for failing to meet statutory wage rates

If an employer is found by HM Revenue & Customs (HMRC) to have failed to pay the minimum wage, the actions that can be taken against them include:

  • Requiring payment of the outstanding amount owed, going back up to six years, through the issuance of a notice
  • Imposing a fine of no less than £100 per employee or worker affected, and up to £20,000, regardless of the amount of underpayment
  • Pursuing legal action, including criminal proceedings
  • Providing the names of businesses and employers to the Department for Business, Energy and Industrial Strategy (BEIS), which may choose to list them publicly.

If you are unsure of how these changes affect your workforce and existing employment practices, you should seek professional advice.

Businesses must be prepared for imminent changes to Corporation Tax

Businesses should be planning for the rise in Corporation Tax (CT), which comes into force from 1 April 2023, and sees the top rate of tax rising from 19 per cent to 25 per cent.

The tax applies to all profitable limited companies – both from trading income and from the sale of investments or assets.

The new approach to Corporation Tax

After 1 April, small companies with profits of up to £50,000 will continue to pay CT at 19 per cent thanks to the small profits rate. However, companies with profits of £250,000 and over will pay CT at 25 per cent.

Those companies between this upper and lower threshold will pay CT at the top rate of 25 per cent but benefit from marginal rate relief that reduces their effective rate of tax on a sliding scale depending on their level of profitability.

To calculate this, all profits between £50,001 and £250,000 are effectively taxed at a rate of 26.5 per cent.

As an example, if a company enjoyed profits of £150,000 the first £50,000 would be taxed at 19 per cent and the remaining £100,000 at 26.5 per cent.

As a result, the company would receive a tax bill of £36,000, which means that the actual tax rate that applies is 24 per cent.

Associated Companies for Corporation Tax rules have been newly reintroduced and they will apply from 1 April 2023 in the context of the small companies rate of CT.

It applies to clients who own or control more than one company. Where two or more companies are “associated” with each other, the Corporation Tax limits are divided by the number of companies concerned.

Like all taxes, CT can be complicated and there are a variety of ways to plan for and mitigate these changes with the right professional advice.

R&D tax reliefs are changing in April – Are you ready?

Chancellor Jeremy Hunt announced many R&D tax changes in his Autumn Budget, including how the funding is allocated, which will be implemented in April.

He announced changes to the rates paid by the Research and Development Expenditure Credit (RDEC) for larger firms and the small and medium enterprises (SME) R&D relief scheme.

Under these changes, from 1 April, the RDEC rate will be increased to 20 per cent from 13 per cent.

Meanwhile, the SME deduction rate on qualifying expenditure will be reduced to 86 per cent from 130 per cent, and the SME credit rate decreased to 10 per cent from 14.5 per cent.

Changes also announced by the Chancellor in November, included new eligibility criteria from 1 April 2023.

Overseas R&D

Subcontracted R&D expenditure from outside the UK will no longer be eligible for inclusion in R&D claims from April 2024.

The aim of this is to bring more R&D activity to the UK and incentivise companies to move operations into the UK.

Cloud costs will now be eligible

Currently, costs relating to cloud-based technology can’t be included in an R&D claim.

From April 2023, cloud-based computing costs such as AWS will be eligible for inclusion.

Other changes in April include:

  • Claims must be submitted digitally
  • Claims must include additional information
  • Claims must be supported by a named officer of the company
  • Claims must include details of any associated agents

Pre-notification

From 1 April 2023, new rules for R&D Tax Relief claims will also require businesses to submit a pre-notification of their claim to HMRC digitally.

This applies if a business:

  • is a new claimant; or
  • has not claimed in the last three financial periods.

The requirement to pre-notify HMRC will affect any business that conducts research and development if they are eligible to claim under either the R&D Expenditure Credit (RDEC) or the SME R&D relief schemes.

Looking ahead, HM Treasury also launched an eight-week consultation on the design of a single, simplified R&D tax relief scheme earlier this year, merging the existing RDEC and SME R&D relief. If implemented, the new scheme is expected to be in place from 1 April

Make voluntary National Insurance contributions to ensure pension entitlement

People planning to claim the UK state pension have been advised to check their National Insurance (NI) record to identify any shortfalls in their payment history.

NI contributions, or lack of them, can affect a person’s entitlement to the state pension in later life.

A temporary window which allows people to voluntarily top up NI contributions for tax years dating as far back as 2006, will now close on 31 July 2023 to give taxpayers more time to fill gaps in their National Insurance record and help increase the amount they receive in State Pension.

This gives additional time on top of the original 5 April deadline for individuals to make the additional contributions required.

HMRC has confirmed that “where the rates of voluntary National Insurance contributions were due to go to up from 6 April 2023, payments made by 31 July 2023 will be paid at the lower rate.”

Filling payment gaps

To ensure people were able to claim their full pension, the Government had put a temporary extension in place enabling people to fill any gaps in their NIC history.

However, from 31 July 2023, the timeframe for making voluntary contributions will revert to the normal six years.

This means that in the 2023/24 tax year, it will be possible to make contributions going back to the 2017/18 tax year only.

Part payment

To qualify for the new maximum state pension, you must have at least 35 years of qualifying NI contributions.

You may only receive a part payment if you don’t qualify for a full state pension, and you need a minimum of 10 qualifying years to receive a partial state pension.

Individuals should therefore take the opportunity to check their NI record to identify any shortfalls in their NI history.

HMRC is advising taxpayers to take the following action before 31 July 2023:

  • Check your NI record
  • Identify any discrepancies between NI contributions paid and those showing on HMRC’s system
  • Identify any NI credits that are missing from periods in which they should have been received (eg, on receipt of universal credit or child benefit)
  • Identify any shortfalls in contributions
  • Contact HMRC if you think there are any errors

Decide whether to make voluntary NI contributions

Avoid stress and prepare for payroll year-end

It is that stressful time of year again with the payroll year-end fast approaching.

Payroll year-end ties in with the tax year-end, which is 5 April. The deadline for submitting details to HM Revenue & Customs (HMRC) is 31 May.

Important dates around payroll year-end include:

  • 5 April – End of the 2022/23 tax year
  • 6 April – Beginning of the new tax year (2023/24)
  • 19 April – Deadline for the final submission of the 2022/23 tax year
  • By 31 May – Employees need to receive their P60s

The late filing of payroll information could attract penalties. To make sure the process is as smooth as possible, check the following has been dealt with:

  • Staff details: Are all staff details correct and up to date on your payroll software?
  • Pay details: Have you submitted details showing how you have reported all your staff’s pay correctly?
  • The final pay run: Process your last pay run that falls on or before 5 April 2023 and check you are happy with your employees’ year-to-date figures.
  • Process leavers:Have you processed any leavers before you do your final submission, so this information is recorded in the correct tax year?
  • Extra payroll week(s): If you run a weekly payroll (including fortnightly or four-weekly) then you may have to complete an extra pay run.
  • Final submission: This allows HMRC to finalise the figures for this tax year for each employee. If you didn’t pay anyone in the last period before 5 April, then you will need to submit an employer payment summary (EPS).
  • Process employee P60s: This is important as every employee is legally entitled to this document.

Please check and double-check your payroll reporting as getting this wrong can cause financial problems for both your business and its employees.

Avoid these costly VAT mistakes

Small business owners need to take measures to avoid costly mistakes when it comes to calculating, reporting and paying Value Added Tax (VAT).

The best way to prevent errors and stay on the right side of HM Revenue & Customs (HMRC) is to have an expert take care of your VAT affairs.

Having a qualified accountant or bookkeeper can ensure that all calculations are correct, up-to-date, and submitted on time and in line with the latest VAT regulations, including Making Tax Digital.

Employing an accountant to keep on top of record keeping will go a long way in preventing expensive mistakes and financial penalties related to VAT.

Some of the most common VAT errors include:

  • Entertainment: You can claim back VAT on entertaining employees, but not normally for clients.
  • Split usage: Where you provide items such as cars or phones, you can only claim VAT back on business use.
  • Inaccurate information: Entering the wrong figures on a VAT return may leave you liable to an investigation by HMRC or lead to you paying too much or too little tax.
  • Filing late: Ensuring that you file the necessary VAT information, on time, each quarter is essential to preventing the accumulation of penalty points, which can lead to a fine.
  • Failing to register: If you reach a taxable turnover of £85,000 or more in any tax year, you will need to register.

To cut down on the chance of errors there are a few things you can do to improve VAT reporting:

  • Take time to update – Keep on top of VAT by setting aside a regular time each week – or each day – to update your accounting records.
  • Maintain accurate records – It is important that you retain invoices and receipts so that you can accurately report VAT. This is easily achievable with the latest cloud accounting software and apps.

Speaking to a VAT expert will help you avoid many of these mistakes, which can be easy to overlook, but could be costly to you and your business.