Category Archives: Tax Newswire (Only used for the newswire)

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.

Time to rethink your property portfolio? What you need to consider

Investing in property can still provide a strong return, but it needs careful planning to achieve the best outcomes.

Just buying new properties without a clear strategy would be risky.

While it is true that rates of interest continue to increase, as do many of the costs associated with being a landlord, with the correct approach property can continue to provide a good income.

Mortgages

Many landlords enter the market by purchasing their property using a buy-to-let mortgage.

In many cases, landlords have even forgone paying off their mortgage favouring interest-only buy-to-let mortgages, which minimise their monthly outgoings to enjoy a greater overall return.

However, with the Bank of England steadily increasing the base rate, many lenders are also increasing their interest rates driving up the cost of debt.

For those on fixed-rate mortgage deals, their current rate shouldn’t change until their current offer ends, but for those on tracked and variable rates, which increase alongside the base rate, the costs of their mortgages could wipe out any profits.

Lenders are unlikely to offer any new fixed deals at lower rates for some time, so what can be done to cut mortgage costs?

One option to consider if you already have multiple buy-to-let mortgages is consolidation.

Consolidating multiple debts into a single property loan could help to reduce the amount paid overall.

If you are considering further growth and you have multiple mortgages, you might want to consider a buy-to-let portfolio mortgage.

Many lenders offer this kind of product, which allows you to combine your borrowing under a single web of loans, while also allowing you to use the equity within the portfolio to cover deposits for new homes.

Looking to sell?

When the main home is sold, there is usually no Capital Gains Tax (CGT) due thanks to Principal Private Residence Relief, but tax may be owed on the gains you have made on a second home or investment property.

Higher and additional rate taxpayers pay CGT on property disposals at a rate of 28 per cent, while basic rate taxpayers may pay tax on some of their chargeable gains at a rate of 18 per cent.

Tax is only charged on the gains made on a property, not the total value of the sale, and most taxpayers benefit from an annual CGT tax-free allowance of £12,300 (2022/23).

Any CGT due on UK residential property disposals made by UK residents must be reported and paid within 60 days of completion.

Whether you are looking to grow or sell your portfolio it is important to have a plan in place and seek professional advice to make the most of your assets.

Majority want Inheritance Tax scrapped or cut as rate is frozen again

More than half (52 per cent) of UK adults want to see Inheritance Tax (IHT) either scrapped or reduced, according to a new survey.

It comes as £8 billion is expected to be raised in IHT receipts by 2027/28 after Chancellor Jeremy Hunt announced a freeze on the 40 per cent threshold in his Autumn Statement.

That figure from the Office for Budget Responsibility (OBR) shows an increase of 28 per cent in that period.

The survey by Handelsbanken Wealth & Asset Management shows more than a quarter (27 per cent) of adults want to see IHT scrapped and a quarter (25 per cent) want to see it reduced, with over-65s at 30 per cent most in favour compared with just 22 per cent of 35 to 49-year-olds

The Treasury took in £4.1 billion of Inheritance Tax from April to October this year, £ 500 million higher than in the same period a year earlier and an increase of 14 per cent, according to HMRC.

How does it work?

There’s normally no Inheritance Tax to pay if either:

  • The value of your estate is below the £325,000 threshold
  • You leave everything above the £325,000 threshold to your spouse, civil partner, a charity or a community amateur sports club

The standard 40 per cent is only charged on the part of the estate that’s above that threshold.

For example: If the estate is worth £500,000, the Inheritance Tax charged will be 40 per cent of £175,000 (£500,000 minus £325,000).

But with house prices rising and the value of estates increasing, more people are likely to be dragged into paying the tax.

What else can you do to reduce the Inheritance Tax liabilities?

  • If you give away your home to your children or grandchildren your threshold can increase to £500,000
  • Provide gifts of up to £3,000. This will be tax-free and under annual exemptions.

Other ways which may allow you to reduce your IHT liability include Business Property Relief and Agricultural Property Relief.

Be prepared for changes to Capital Gains Tax thresholds

The Capital Gains Tax allowance (CGT) reductions announced by Chancellor Jeremy Hunt in November’s Autumn Statement could have a significant impact on investors. 

The threshold for starting to pay will fall from the current rate of £12,300 to £6,000 from April 2023 and £3,000 from April 2024. 

CGT is what you pay on any gain that you make when you come to sell an asset, such as a second home or shares. 

However, the annual CGT exemption allows you to make a certain value of gains before you pay tax on any additional gains.  

Higher-rate or additional-rate taxpayers pay 28 per cent on gains from residential property and 20 per cent on gains from other chargeable assets. 

If you are a basic-rate taxpayer, you will be charged 18 per cent on residential property and 10 per cent on other gains — if the amount is within the basic income tax band. Steps which could minimise taxation include: 

  • Make sure you use your allowance for the current year as soon as possible.  
  • If you are married, you can utilise your spouse’s unused allowance.  You can transfer your assets into joint names if you are married or in a civil partnership without triggering a tax event. This doubles your £12,300 allowance to £24,600 in one year.  
  • Consider greater use of tax-free schemes, such as ISAs. 
  • Increase pension contributions and use your pension fund to make your investments. 
  • Utilise tax-efficient investments such as the Enterprise Investment Scheme and Venture Capital Trusts. 

So now could be a time for investors to review their portfolios and decide whether they should transfer or dispose of certain assets before these changes take place. If you want to take advantage of the current CGT tax rate it is best to seek advice from a qualified tax adviser. 

Landlords targeted over undeclared income from residential property

Landlords are being targeted by HM Revenue & Customs (HMRC) over what appears to be undeclared rental income or income related to residential property. 

HMRC’s Wealthy External Forum sent 606 letters to landlords who have submitted deposits into a tenancy deposit scheme, questioning them about understating their rental income. 

Landlords and letting agents are required by law to protect tenant deposits on rental property in a Government-approved tenancy deposit scheme. 

The Housing Act 2004 law applies to landlords who let under assured shorthold tenancies, usually used to let residential properties. 

Check and correct tax return 

The HMRC nudge letters are based on information received from other Governmental departments, banks or, in this case, the Tenancy Deposit Scheme (TDS). 

HMRC believes it will be able to estimate the total rental income for the year, based on the level of the deposits placed within the scheme. A deposit usually amounts to four to five weeks of gross rent 

The letter urges the taxpayer to check and correct their 2020/21 tax return, and their 2021/22 return if it has already been submitted.  

The HMRC letter reminds landlords that if they have disposed of the property, they must declare that sale or disposal, and pay capital gains tax (CGT) on any profit they have made. 

The Government approved  tenancy deposit schemes in England and Wales are: 

These organisations all have privacy policies that allow them to share data with certain Government departments, but the Tenancy Deposit Scheme says it will “submit any details requested by HMRC or other Government agency or local authority under the relevant legislation.”  

HMRC has made such a request to one or more of the deposit protection schemes, and received data about landlords who have placed deposits with those schemes.  

HMRC says the letter does not open a tax enquiry or compliance check, but it does ask the taxpayer to correct their 2020/21 tax return within 30 days. 

Millions pay more tax as income tax thresholds are frozen

Millions of new taxpayers will be created by the extended freeze on the income tax thresholds announced by Chancellor Jeremy Hunt.

In his Autumn Statement, he further froze the thresholds until the tax year 2027/28.

Now income tax thresholds for basic (20 per cent) and higher rate (40 per cent) taxpayers are frozen for a further two years, while the £12,570 personal allowance, the amount you can earn before you start to pay tax, has also been frozen for the same period.

In addition for those paying the additional rate of 45 per cent, the threshold has been reduced to £125,140 from April 2023.

In what has been described as a stealth tax, gradually more low-income households will be dragged into paying basic rate tax which kicks in at £12,570 and those with earnings nearing £50,000 into the higher 40 per cent rate. For some, the 9.7 per cent rise in the minimum wage next year will affect them straight away.

There are tax-efficient ways of mitigating tax bill increases including:

Pension top up

You can reduce your income tax by topping up your pension. Personal pension contributions lower your ‘adjusted net income’ which HMRC uses to calculate your tax bill.

ISA allowances

ISAs are a tax-efficient way of saving. You don’t pay income tax or Capital Gains Tax (CGT) on investments inside an ISA and you can withdraw money whenever you like, tax-free. You can invest up to £20,000 in ISAs in the 2022/23 tax year.

Double your tax allowance

If you’re married or in a civil partnership, your tax allowances effectively double. For example, if you both open an ISA, that’s a combined £40,000 that you can shield from income tax and CGT each year.

We can guide you through these sometimes complicated issues.

Legislation gives separating couples time to avoid taxation on assets

Divorcing or separating couples will have more time to get their affairs in order and avoid having to pay Capital Gains Tax (CGT) when new legislation comes into force.

Currently, if any transfer arrangements for assets are not completed within the tax year of separation, they could be subject to CGT.

Proposed new legislation dealing with the transfer of assets between partners provides that transfers of assets are made on a “no gain or no loss” basis in any tax year in which they are living together.

Exemption period extended

When spouses or civil partners separate, no gain or no loss treatment is only available in relation to any disposals in the remainder of the tax year in which the separation happens. After that, transfers are treated as normal disposals for CGT purposes.

The proposals will stretch this CGT exempt period to three years for separating couples, and allow any assets which are the subject of a divorce agreement to be transferred on a no gain/no loss basis without time limit.

This will apply for all disposals that occur on and after 6 April 2023 and has been brought about following a recommendation by the Office of Tax Simplification (OTS).

The final contents of Finance Bill 2022-23 will be subject to confirmation at Budget 2022 and are expected to confirm:

  • Separating spouses or civil partners be given up to three years after the year they cease to live together in which to make no gain or no loss transfers
  • No gain or no loss treatment will also apply to assets that separating spouses or civil partners transfer between themselves as part of a formal divorce agreement
  • A spouse or civil partner who retains an interest in the former matrimonial home be given an option to claim Private Residence Relief (PRR) when it is sold
  • Individuals who have transferred their interest in the former matrimonial home to their former partner and are entitled to receive a percentage of the proceeds when that home is eventually sold, be able to apply the same tax treatment to those proceeds when received that applied when they transferred their original interest in the home to their ex-spouse or civil partner

Preparing for Making Tax Digital and income tax

Self-employed businesses and landlords will come under the umbrella of the Government’s Making Tax Digital from 2024.

Making Tax Digital (MTD) for Income Tax Self-Assessment (ITSA) will be introduced on 6 April 2024. It was originally planned to be introduced in April next year but was delayed because the Government recognises the challenges faced by many UK businesses as the country emerges from the pandemic.

MTD is part of the Government’s plans to make it easier for individuals and businesses to get their tax right and keep on top of their affairs.

Who will be affected by the change?

Businesses with income greater than £10,000 per year from:

  • Self-employment
  • General partnerships with only individuals as partners
  • Property businesses (UK and overseas)

It will affect those with an annual business or property income above £10,000, who will need to follow the rules from that date and will replace the current system of annual Self Assessment tax returns.

Partnerships with individual partners will be required to follow the rules from April 2025.

Business owners and landlords will no longer file an annual self-assessment tax return, unless exempt from MTD for ITSA.

Instead, each business will need to file four quarterly updates and an End of Period Statement to finalise business profits. They will then need to submit a Final Return with any other income, gains or reliefs.

Who may be exempt?

You can apply if it’s not reasonable or practical for you to use computers, software or the internet if the following applies:

  • Your age, a disability or where you live
  • An objection to using computers on religious grounds
  • For any other reason why it’s not reasonable or practical

HMRC will consider each application on its merits.

A recent survey on Making Tax Digital (MTD) shows taxpayers have an alarming lack of readiness and enthusiasm for the changeover and a lack of awareness that MTD for Income Tax begins in less than two years. The survey by Ipsos showed lack of experience with MTD software was a big problem. A big majority, (86 per cent), had turnover, property income or combined turnover and property income below the VAT threshold, therefore they had no previous experience of using the software.