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Thursday 12 December 2019

Newsletter 142

Whilst 2019 has seen our Politicians still arguing about deals not yet done with Europe and Teresa May being replaced as Prime Minister by Boris Johnson mid year, we have included below a brief summary of what did happen
SPORT

March      Wales Win the 6 Nations Rugby Championship
May         Manchester City win the Premier League for the 4th time
June        Liverpool beat Spurs 2-0 to win their 6th Champions League / European Championship
July         United States win the Womens World Cup in  France
England beat New Zealand to win the ICC Cricket World Cup
Novak Djokovic wins Wimbledon Mens Singles
Simona Halep defeats Serena Williams in the Ladies Final
August    England are defeated 32-12 by South Africa in the Rugby World Cup Final
OTHER NEWS
March     Best in show goes to a Papillon Breed called Dylan
June        The 75th Anniversary of the D-Day Landings
July         Boris Johnson is appointed Prime Minister in succession to Teresa May
October  The Booker Prize for fiction was awarded jointly
to Margaret Atwood and
 Bernadine Evaristo
Jean Claude Juncker retires as President of the EU
During 2019, Walker Thompson welcomed Daniel Ferrar and Hollie Cox to our 
team and in October, Daniel and his partner Kayleigh also welcomed a new arrival into their family, baby Everleigh
Walker Thompson will be closed for the festive period as follows:
 Tuesday 24 December at 1.00pm until
Thursday 2 January at 9.00am
In the meantime the Directors and Staff would like to take the opportunity of wishing all our Clients, Colleagues & Friends, a very Merry Christmas and a
Happy & Prosperous New Year.
MAKING SURE GIFTS TO EMPLOYEES ARE TAX-FREE
Some employers may wish to give a small gift to their employees. As long as the employer meets the relevant conditions, no tax charge will arise on the employee.
A tax exemption is available which should help employers ensure that the benefits provided are exempt and do not result in a reportable employee benefit in kind. In order for the benefit to be exempt it must satisfy the following conditions:
  • the cost of providing the benefit does not exceed £50 per employee (or on average when gifts are made to multiple employees)
  • the benefit is not cash or a cash voucher
  • the employee is not entitled to the benefit as part of a contractual arrangement (including salary sacrifice)
  • the benefit is not provided in recognition of particular services performed by the employee as part of their employment duties
  • where the employer is a ‘close’ company and the benefit is provided to an individual who is a director, an office holder or a member of their household or their family, then the exemption is capped at a total cost of £300 in a tax year.
If any of these conditions are not met then the benefit will be taxed in the normal way subject to any other exemptions or allowable deductions.
No more than £50
One of the main conditions is that the cost of the benefit does not exceed £50. If the cost is above £50 the full amount is taxable, not just the excess over £50. The cost of providing the benefit to each employee and not the overall cost to the employer determines whether the benefit can be treated as a trivial benefit. So, a benefit costing up to £50 per employee whether provided to one or more employees can be treated as trivial. Where the individual cost for each employee cannot be established, an average could be used. HMRC examples consider various gifts including turkeys, bottles of wine and gift vouchers.
Further details on how the exemption works, including family member situations, are contained in the HMRC manual.
However if you are unsure please do get in touch before assuming the gift you are about to provide is covered by the exemption.
Internet link: HMRC manual
ADVISORY RATES FOR COMPANY CARS
New company car advisory fuel rates have been published which took effect from 1 December 2019. The guidance states: ‘You can use the previous rates for up to one month from the date the new rates apply’. The rates only apply to employees using a company car.
The advisory fuel rates for journeys undertaken on or after
1 December 2019 are:
Engine sizePetrol
1400cc or less12p
1401cc – 2000cc14p
Over 2000cc21p
Engine sizeLPG
1400cc or less8p
1401cc – 2000cc9p
Over 2000cc14p
Engine sizeDiesel
1600cc or less9p
1601cc – 2000cc11p
Over 2000cc14p
HMRC guidance states that the rates only apply when you either:
  • reimburse employees for business travel in their company cars
  • require employees to repay the cost of fuel used for private travel
You must not use these rates in any other circumstances.
The Advisory Electricity Rate for fully electric cars is 4 pence per mile. Electricity is not a fuel for car fuel benefit purposes.
If you would like to discuss your car policy, please contact us.
Internet link: GOV.UK AFR
HMRC OFFERS TIPS ON AVOIDING SELF ASSESSMENT TAX SCAMS
HMRC is giving information to taxpayers to help them avoid scams ahead of the Self Assessment deadline.
HMRC is warning millions of Self Assessment taxpayers to be aware of fraudsters in the run up to the
31 January deadline.
Over the last year, HMRC received almost 900,000 reports from the taxpayers about suspicious HMRC contact, in the form of phone calls, texts or emails. Of these more than 100,000 were phone scams and over 620,000 reports related to bogus tax rebates.
According to HMRC the most common techniques fraudsters use include phoning taxpayers offering a fake tax refund, or pretending to be HMRC by texting or emailing a link to a false 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.
HMRC’s Customer Protection team identify and close down scams but taxpayers should recognise the signs to avoid becoming victims. HMRC does not contact taxpayers asking for their PIN, password or bank details. Taxpayers are warned that they should never give out private information, reply to text messages, download attachments or click on links in texts or emails which they are not expecting.
Internet link: GOV.UK news
CHECK EMPLOYMENT STATUS FOR TAX TOOL UPDATE
HMRC has issued an update to the Check employment status tool (CEST) in advance of the introduction of new tax rules proposed for individuals who provide their personal services via an ‘intermediary’ to a medium or large business. The tool is designed to give HMRC’s view of the status of contracts and has received criticism.
The new rules are expected to apply from 6 April 2020, similar rules were introduced in 2017 for public sector organisations receiving services from intermediaries, typically Personal Services Companies (PSC).
Please contact us for help and advice on whether you are caught by the new rules or should be applying the new rules to someone your business engages via a PSC.
Internet link: GOV.UK CEST
TEMPORARY PENSIONS TAX ARRANGEMENT FOR NHS STAFF
In a letter in November 2019, the Secretary of State for Health and Social Care, Matt Hancock, has agreed to a temporary commitment to make payments to certain clinical staff outside of the NHS pension schemes to restore the value of their pension benefits package. These rules apply if they have elected to use the scheme pays facility to settle an annual allowance tax charge arising from their pension saving in the NHS schemes in 2019/20.
Meanwhile, under a temporary measure the Scottish government is introducing, between 1 December 2019
and 31 March 2020, NHS staff in Scotland who can show they are likely to breach the pensions annual allowance for 2019/20 will be able to receive pay in lieu of employer pension contributions.
The announcements follow reports that senior NHS clinicians pension tax charges are making them retire early or change their working habits. The Department of Health and Social Care estimates that a third of consultants and GPs may be turning down extra shifts because of how the NHS Pension Scheme interacts with the wider pension tax rules.
Internet links: GOV.UK letters GOV.SCOT news
HMRC ISSUES GUIDANCE ON CRYPTOASSETS
HMRC has published guidance for people who hold cryptoassets, typically cryptocurrency or Bitcoin, explaining what taxes they may need to pay and what records they need to keep. HMRC has also published further information for businesses and companies about the tax treatment of cryptoasset transactions.
HMRC advises that these papers set out HMRC’s view of the appropriate tax treatment of cryptoassets, based on the law as it stands on the date of publication and that the tax policy in this area may develop as the sector develops.
LATEST GUIDANCE FOR EMPLOYERS
HMRC has issued the latest Employer Bulletin. This issue includes articles on a number of areas including:
  • guidance for employers on reporting PAYE information in real time when payments are made early at Christmas
  • electronic payment deadline falls on a weekend
  • Ultra Low Emission Vehicle
  • High Income Child Benefit Charge deadline 31 January
  • Tax-Free Childcare payments
  • update on termination payments: Post Employment Notice Pay for employees paid by equal monthly instalments
  • workplace pensions – remember to keep paying in.
Contact us for help with payroll matters.
Internet link: HMRC Employer Bulletin
RESEARCH AND DEVELOPMENT SPEND
The Office for National Statistics (ONS) has revealed that UK businesses spent £25 billion on Research and Development (R&D) in 2018.
Data from the ONS showed that total R&D expenditure increased from £23.7 billion in 2017 to £25 billion in 2018.
The report showed:
  • the aerospace industry saw the largest increase in R&D expenditure with a total spend of £210 million
  • the UK telecoms sector also experienced fast growth in R&D spending, increasing by 25.4% in 2018 to £192 million.
According to the ONS, the government’s funding of R&D amounted to £1.7 billion in 2018, which accounted for 6.9% of all R&D expenditure. The data revealed that machinery, equipment and shipbuilding were the biggest beneficiaries from government funding.
Internet link: ONS reports

Friday 15 November 2019

Newsletter 141


CHRISTA ACKROYD LOSES IR35 APPEAL

Former BBC presenter Christa Ackroyd has lost her appeal against a ruling that she was an employee, not a freelance contractor, when she worked for the BBC via a personal service company.

The IR35 rules in broad terms mean that those working via a personal service company have to consider whether, if the services were provided by the individual contractor directly to the client, there would be a contract of employment.

Judges in the Upper Tier Tribunal upheld last year's First Tier Tribunal ruling that she was a BBC employee when she presented Look North in Yorkshire and was therefore liable to pay income tax and national insurance contributions.

The case related to the tax years 2006/07 to 2012/13, while she worked for the public broadcaster through her personal service company, Christa Ackroyd Media (CAM).

HMRC argued that she owed almost £420,000 in income tax and national insurance contributions, before corporation tax deductions. An HMRC spokesperson said they welcomed the judgment that the presenter was within the intermediary rules.

'Employment status is never a matter of choice; it is always dictated by the facts and when the wrong tax is being paid, we put things right.

It is right that an individual who works through a company, but would have been an employee if they were taken on directly, pays broadly the same amount of tax and national insurance contributions as employees.'

The IR35 rules were amended for Public Bodies (including the BBC) from April 2017 and the government will make similar changes for the private sector from April 2020.

Internet links: ICAEW news BAILII cases

CLAMP DOWN ON ENABLERS OF TAX AVOIDANCE SCHEMES
HMRC says it is clamping down on the promoters and enablers of tax avoidance schemes in the wake of the loan charge controversy.

Penny Ciniewicz, Director General of Customer Compliance at HMRC, told the Treasury Select Committee that HMRC is 'doubling the resources' to tackle those in the 'avoidance supply chain'.

In response to questions about the loan charge, Ms Ciniewicz said:

'We have more than 100 current investigations into promoters [and enablers], and we're keeping a very close eye on the market for avoidance. We are spotting schemes as they emerge and we're tackling them.'

The loan charge policy is currently subject to an independent review. It came into effect on 6 April this year, and applies to anyone who used 'disguised remuneration' schemes. The legislation added a 45% non-refundable charge on all loans advanced through the schemes, unless the individual had agreed with HMRC to settle their tax affairs.

Internet link: ICAEW news

INCREASE IN PROBATE FEES ABANDONED
The government has abandoned its planned increase in probate fees. The increase in fees was originally expected to take effect from 1 April 2019. However, in March 2019 HMRC postponed the introduction of the increase, attributing the delay to pressure on Parliamentary time.

As part of the government's plans, estates that are valued between £50,000 and £300,000 would have been subject to a probate fee of £250. Fees were to rise thereafter to reach £6,000 for estates with a value above £2 million.

Currently, for estates valued at over £5,000, a grant application made by a solicitor is subject to a flat fee of £155. A grant application made by an individual is subject to a fee of £215.

The increase was included in a statutory instrument (SI) however the SI fell away on the prorogation of Parliament in September, but was reinstated when the prorogation was declared illegal.

The government has now announced that the planned increase will not take place. Instead there will be a review of court costs and how they can be covered by the actual service required.

Probate fees apply in in England and Wales.

Internet link: ICAEW post

CHARITIES FRAUD PROTECTION FAILURES
According to a report published by the Charity Commision, the majority of UK charities admit fraud is a major risk, but are still failing to carry out basic tasks in order to protect themselves.

More than 3,300 charities took part in the Charity Commission's survey into fraud awareness, resilience and cyber security in the sector. Over two thirds of charities agree that fraud is a significant risk. Insider fraud is recognised as one of the biggest threats, the report stated.

The survey found that 85% of charities think they are doing everything they can to prevent fraud, but almost half do not have robust protections in place.

The Commission recommended some simple steps that charities could take to protect their funds, including introducing and enforcing basic financial controls. They should also make sure no single individual has oversight or control of financial arrangements, as effective segregation of duties is a crucial method of preventing and detecting fraud.

The Commission also recommends that employees, volunteers and trustees should be encouraged to speak out when they see something they feel uncomfortable about.

Internet link: GOV.UK news

GUIDANCE FOR EMPLOYERS
HMRC has published the October 2019 issue of the Employer Bulletin which contains guidance on a number of issues relevant for employers. Topics in this edition include:

         Changes for UK employers sending workers to the EU, the EEA or Switzerland
         PAYE Settlement Agreements and Welsh rate of Income Tax
         Guidance for employers on reporting PAYE information in real time when payments are made early at Christmas
         Disguised Remuneration
         Termination payments: Post Employment Notice Pay for employees paid by equal monthly instalments
         Do your employees have the right tax code?
         Employment Allowance reform – eligibility rules for the Employment Allowance are changing from April 2020
         Do you claim the Apprenticeship Levy Allowance or Employment Allowance?
         Changes to company car tax regime
         Student and Postgraduate Loans
         Childcare vouchers
         Trivial Benefits in kind
         Paying for fitness equipment

If you would like help with payroll matters please contact us.


HMRC COUNTDOWN: FILE YOUR TAX RETURN
With less than 100 days until the self assessment tax return deadline of 31 January 2020, HMRC is urging taxpayers to complete their tax returns early, in order to avoid the last minute rush.

HMRC report that last year more than 2,000 people submitted their tax returns on Christmas Day. Taxpayers should consider submitting their returns early to avoid the stress of a last minute rush.

Angela MacDonald, HMRC's Director General for Customer Services, said:

'The deadline for completing Self Assessment tax returns is only 100 days away, yet, so many of us wait until January to start the process. Avoid the last minute rush by completing your tax returns on time and then enjoy the upcoming festive period.

We want to help people get their tax returns right – starting the process early and giving yourself time to gather all the information you need will help avoid that stressful, late rush to file.'

Not all taxpayers need to complete a tax return as tax is automatically deducted from the majority of UK taxpayers' wages, pensions or savings. For people or businesses where tax is not automatically deducted, or when they may have earned additional untaxed income, they are required to complete a Self Assessment tax return each year.

HMRC is also reminding people who are liable for the High Income Child Benefit Charge that they may need to file a tax return before the deadline. Those with income over £50,000 who receive child benefit, or those whose partner gets it, are liable for the charge. Taxpayers can check their annual income via their P60 or Personal Tax Account, and use HMRC's child benefit tax calculator.
The deadline for filing paper tax returns was 31 October 2019 and the deadline for online tax returns and paying any tax owed is 31 January 2020. If taxpayers miss the deadline, they face a minimum £100 penalty for late submission.

Contact us for help with your self assessment tax return.

Internet link: GOV.UK news

GENUINE HMRC CONTACT AND RECOGNISING PHISHING EMAILS AND TEXTS
HMRC has updated their guidance on how to recognise when contact from HMRC is genuine and how to recognise phishing or bogus emails and text messages.


Monday 14 October 2019

High Income Child Benefit


There are still a significant number of people receiving Child Benefit where one or other parent is earning over £50,000.

In the case of James Robertson, HMRC issued a penalty for not disclosing the full facts on his Tax Return. The lower Tribunal ruled against HMRC.

A similar case relating to David Lau also went to tribunal where the Judge found in favour of HMRC. The matter went to the Upper Tribunal which found in favour of HMRC.

The penalties levied in both cases were therefore adjudged to be correct and payable. Our advice therefore is for taxpayers always to disclose if they or their partner is receiving Child Benefit to disclose the fact on a tax return.

Tuesday 8 October 2019

Newsletter 140


SIMPLIFY APPRENTICESHIP FUNDING
The Institute of Chartered Accountants in England and Wales (ICAEW) has urged the government to simplify the complexities of accessing apprenticeship funding.
The Apprenticeship Levy took effect from 6 April 2017 and changed the way in which apprenticeships are funded. Larger employers are required to pay a levy of 0.5% of their annual pay bill. However an annual allowance of £15,000 is available so employers only pay the Levy if their annual pay bill is over £3 million. The Levy is reported and paid through Pay as You Earn (PAYE).
According to ICAEW, the benefits for non-levy paying employers are particularly enticing, with the government committing to paying 95% of its apprenticeship training costs, however, the complexities in accessing the funds are putting SMEs off applying. Apprenticeship funding is devolved across the UK.
Iain Wright, Director for Business and Industrial Strategy at the ICAEW, said:
‘In our interactions with businesses up and down the country, we find SMEs more and more reluctant to run their own apprenticeship schemes due to the complexity of accessing Levy funds and the lack of flexibility built into the scheme.
‘The SME sector has traditionally been a big recruiter of 16-18 year-olds for apprenticeships, so this is a concerning development which could mean that talented young people are unable to access the skills and training they need to prosper in the workplace.’
Internet link: ICAEW news
HMRC ISSUES CUSTOMS EORI NUMBERS
In order to try and ensure that businesses are ready to trade post-Brexit, HMRC is automatically enrolling them in the customs system.
HMRC has confirmed that more than 88,000 VAT-registered businesses across the UK will be allocated an Economic Operator Registration and Identification (EORI) number in order to enable them to keep trading with customers and suppliers in the EU after the UK has left.
The government announced that 72,000 businesses have already registered for EORI numbers and numbers will be allocated to VAT-registered businesses to speed up the rollout of the scheme and help ensure the smooth transit of goods.
EORI numbers are a unique ID number allocated to businesses that enables them to be identified by Customs authorities when doing business with other traders.
HMRC has warned that if businesses do not have an EORI number post-Brexit, they will be unable to continue to trade with EU Member States.
Internet link: GOV.UK news
TRUSTS WITH SMALL AMOUNTS OF SAVINGS INCOME
In the latest Trusts and Estates Newsletter HMRC has confirmed the continuation of the interim arrangement for interest reporting.
In 2016 the requirement for payers to deduct tax at source on bank and building society interest was removed and income from these sources is now paid gross. Due to this change, trustees and personal representatives had increased reporting requirements.
HMRC introduced an interim arrangement so trustees do not have to submit returns, or make payments under informal arrangements, where the only source of income is savings interest and the tax liability is below £100.
HMRC has confirmed that these arrangements have been extended to include the 2019/20 and 2020/21 tax years. The situation will continue to be reviewed in the longer term.
Contact us for help with trusts.
Internet link: GOV.UK Newsletter
ADVISORY FUEL RATES FOR COMPANY CARS
New company car advisory fuel rates have been published which take effect from 1 September 2019. The guidance states: ‘You can use the previous rates for up to one month from the date the new rates apply’. The rates only apply to employees using a company car.
The advisory fuel rates for journeys undertaken on or after
1 September 2019 are:
Engine sizePetrol
1400cc or less12p
1401cc – 2000cc14p
Over 2000cc21p
Engine sizeLPG
1400cc or less8p
1401cc – 2000cc10p
Over 2000cc14p
Engine sizeDiesel
1600cc or less10p
1601cc – 2000cc11p
Over 2000cc14p
HMRC guidance states that the rates only apply when you either:
  • reimburse employees for business travel in their company cars or
  • require employees to repay the cost of fuel used for private travel.
You must not use these rates in any other circumstances.
The Advisory Electricity Rate for fully electric cars is 4 pence per mile. Electricity is not a fuel for car fuel benefit purposes.
If you would like to discuss your car policy, please contact us.
Internet link: GOV.UK AFR
PAYE LATE FILING AND LATE PAYMENT PENALTIES
HMRC has confirmed that it will continue its risk-based approach to payroll Real Time Information (RTI) late filing and late payment penalties this tax year.
Rather than late filing and late payment penalties being issued automatically, HMRC will continue to issue them on a risk-assessed basis during 2019/20. HMRC has also confirmed that penalties for 2019/20 will be issued from September 2019.
The August issue of the Employer Bulletin confirms:
‘HMRC will not charge penalties automatically for 2019/20, provided a Full Payment Submission (FPS) is filed within three days of the payment date. Where there is a pattern of persistent late-filing within three days of the statutory filing date, employers will be reviewed and may be charged a filing penalty as part of HMRC’s risk-based approach.’
The deadline for cleared electronic payments is the 22nd of the month following the end of tax month. For cheque payments or other non-electronic methods, payment is due by the 19th.
HMRC may charge interest on the amount outstanding for late payment, which will accrue until the total amount is paid. Contact us for help with payroll matters.
Internet link: Employer Bulletin
SELF ASSESSMENT DEADLINES
Two self assessment deadlines are approaching:
  • 5th October 2019
For those individuals who have not previously completed a tax return but need to report a liability for 2018/19.
  • 31st October 2019
For those individuals who have previously submitted ‘paper’ self assessment tax returns the deadline for the 2018/19 return is 31 October 2019. Returns submitted after that date must be submitted electronically or they will incur a minimum penalty of £100. The penalty applies even when there is no tax to pay or the tax is paid on time.
If you would like any help with the completion of your return, please do get in touch.
Internet link: HMRC deadlines
HMRC LATEST GUIDANCE FOR EMPLOYERS
HMRC has published the latest edition of the Employer Bulletin. This guidance for employers, and their agents, includes articles on:
  • Class 1A liabilities payable on Termination Awards and Sporting Testimonial Payments
  • Off-payroll working rules from April 2020
  • Disguised Remuneration
  • Seasonal Workers
  • Contractors operating CIS – new VAT reverse charge on building and construction services
  • ‘Trivial Benefits’
  • Welsh rates of Income Tax
  • Student Loans
  • Good Work Plan proposals to support families
  • Sickness absence costs £9 billion per year
For help with payroll matters, please contact us.
Internet link: Employer Bulletin
STRONG CUSTOMER AUTHENTICATION
The Financial Conduct Authority (FCA) has agreed a plan to give the payments and e-commerce industry extra time to implement Strong Customer Authentication (SCA).
From 14 September 2019, new European Union (EU) rules apply that impact how banks or payment services providers verify their customers’ identities and validate payment instructions. The Strong Customer Authentication (SCA) rules are intended to enhance the security of payments and limit fraud.
The FCA has agreed an 18-month plan to implement SCA with the e-commerce industry which includes card issuers, payment firms and online retailers. The plan reflects the opinion of the European Banking Authority (EBA) that more time was needed to implement SCA given the complexity, lack of preparedness and the potential for a significant impact on consumers.
Jonathan Davidson, Executive Director for Supervision – Retail and Authorisations, said:
‘The FCA has been working with the industry to put in place stronger means of ensuring that anyone seeking to make payments is not a fraudster. While these measures will reduce fraud, we want to make sure that they won’t cause material disruption to consumers themselves; so we have agreed a phased plan for their timely introduction’.
The FCA has confirmed that it will not take enforcement action against businesses if they do not meet the relevant requirements for SCA from 14 September 2019 in areas covered by the agreed plan as long as there is evidence that they have taken the necessary steps to comply with the plan. At the end of the 18-month period, the FCA expects all businesses to have made the necessary changes and undertaken the required testing to apply SCA.
Internet link: FCA press release
VAT DOMESTIC REVERSE CHARGE FOR BUILDING AND CONSTRUCTION SERVICES DELAYED
HMRC has announced a one-year delay to the introduction of the VAT domestic reverse charge for building and construction services.
The reverse charge represents part of a government clamp-down on VAT fraud. According to the government, large amounts of VAT are lost through ‘missing trader’ fraud. As part of missing trader fraud, VAT is charged by a supplier, who then disappears, along with the output tax. The VAT is thus lost to HMRC. The construction industry is considered a particularly high-risk sector.
The reverse charge when introduced will not change the VAT liability but instead it will change the way that VAT is accounted for. In the future, the recipient of the services, rather than the supplier, will account for VAT on specified building and construction services. This is called a reverse charge. The reverse charge is a business-to-business charge, applying to VAT-registered businesses where payments are required to be reported through the Construction Industry Scheme (CIS).
The charge was due to come into effect on 1 October 2019. It has now been delayed by 12 months until 1 October 2020 due to fears that businesses in the construction sector were not ready.
HMRC says it remains ‘committed to the introduction of the reverse charge’, and has put a robust compliance strategy into place in order to tackle fraud in the construction sector.
INDEPENDENT REVIEW OF THE LOAN CHARGE
The government has initiated a review of the Loan Charge and whether the policy is an appropriate way of dealing with disguised remuneration loan schemes used by individuals who entered directly into these schemes to avoid paying tax.
Sir Amyas Morse, the former Comptroller and Auditor General and Chief Executive of the National Audit Office (NAO), will lead an independent review of the Loan Charge.
The government has asked Sir Amyas Morse to report back by mid-November, giving taxpayers certainty ahead of the January Self Assessment deadline.
Internet link: GOV.UK news
SENIOR CLINICIANS' PENSIONS CONSULTATION
The government has launched a consultation on proposals to give senior NHS doctors and nurses access to more flexible pensions. The proposals aim to offer senior clinicians more control over their pensions growth.
The consultation follows reports that senior NHS clinicians pension tax charges are making them retire early or change their working habits. The Department of Health and Social Care estimates that a third of consultants and GPs may be turning down extra shifts because of how the NHS Pension Scheme interacts with the wider pension tax rules.
The new proposals are designed to allow those affected to have freedom to individually control how much their pension fund grows, allowing them to maximise the amount they can save without facing significant pension tax bills having breached limits on tax relief.
The new proposals include:
  • a ‘flexible accrual’ option where scheme members can choose an accrual level in 10% increments
  • the option to ‘fine tune’ pension growth towards the end of the scheme year, when total earnings are clearer.
The consultation closes on 1 November 2019.
Internet link: GOV.UK news
HMRC COLLECTS RECORD AMOUNTS OF IHT
The government has announced that HMRC collected a record sum of £5.4 billion in inheritance tax (IHT) during the 2018/19 tax year.
The increase comes on the back of a 15% rise in the number of estates liable for IHT. Between 2015/16 and 2016/17, the number of estates paying IHT rose by 3,600 to 28,100.
Rising asset values, particularly in regard to properties in London and the South East of England, have been a key factor behind the increased number of estates falling into the IHT net. The freezing of the tax-free nil-rate band threshold also played a key role.
The residence nil-rate band (RNRB) gives an additional allowance to people leaving their family home to direct descendants, such as children or grandchildren. The amount of relief is £150,000 for 2019/20, rising to £175,000 for 2020/21.
Despite the increase in estates paying IHT, the tax only applies to 4.6% of deaths in the UK. The average amount of tax paid was £179,000.
Please contact us for advice on estate and IHT planning.
Internet link: GOV.UK IHT statistics
'MAJOR GAPS' IN NO-DEAL BREXIT GUIDANCE
According to the British Chambers of Commerce (BCC) there are ‘major gaps’ in the government’s no-deal Brexit guidance for UK businesses.
The BCC carried out a review of official government no-deal Brexit guidance for businesses, and found that 31 of 36 critical areas are still marked amber or red, suggesting that businesses have ‘incomplete or insufficient information available to plan thoroughly for a no-deal outcome’.
Dr Adam Marshall, Director General of the BCC, said:
‘While the government has ramped up communication to businesses in recent weeks, there are still big gaps in the guidance available to help businesses to prepare for Brexit, with just weeks to go until 31 October.
Our business communities don’t want to see a disorderly no-deal exit on 31 October, which would lead to an overnight change in trading conditions.
Averting a messy and disorderly exit is still critical. Businesses across the UK want politicians on all sides to come together and find a way forward – fast.’
Internet link: BCC news
BREXIT-READINESS EVENTS FOR BUSINESS
The Department for Business has launched a nationwide programme of events to help businesses prepare for Brexit.
The free events are designed to provide free advice on a range of Brexit-related topics, including exporting, importing and employing EU citizens. Attendees will also have the opportunity to hear from senior government officials and access support tailored to their location and business.
More than 30 Brexit-readiness events have been scheduled to take place across the UK.
Internet link: GOV.UK news
EXPERTS WARNING OVER INSOLVENCY DEBTS
Prioritising HMRC over other creditors in insolvencies will have a ‘negative impact on the UK’s economic growth’, experts have warned Chancellor of the Exchequer Sajid Javid.
The warning was issued in a letter from 11 business organisations and insolvency experts to the Chancellor. Signatories of the letter include the Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants of Scotland, the Insolvency Practitioners Association and the City of London Law Society.
The letter says that the proposed change will make it more difficult to rescue businesses. According to the organisations, it will also reduce access to finance for small businesses, increase the harm done to other businesses in insolvencies and could ultimately result in losses to the Exchequer.
Writing in the letter, the organisations said:
‘While we understand that the government wishes to increase the value of taxes repaid in the event of insolvency, there is a serious risk that the wider costs of the government’s approach will outweigh any expected benefit.
This proposed policy would reverse successive governments’ attempts to encourage a culture of business rescue in the UK, and would undermine the government’s recent work to strengthen the UK’s insolvency and restructuring framework.’
The proposal, which was announced in the 2018 Budget and is now included in the draft Finance Bill, will see a change implemented from 6 April 2020. This would entail taxes, including the VAT, Pay as You Earn (PAYE), CIS and employee national insurance contributions (NICs) owed by an insolvent company to be paid to HMRC ahead of floating charge holders and unsecured creditors.
Internet link: Economia news
MONEY LAUNDERING NON-COMPLIANCE
HMRC has published details of businesses that have failed to comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
HMRC is also advising that the published person may have changed their behaviour or no longer be based at the published address. Also that the business currently at the published address may have no connection with the published business, or may have the same name as the published business but could be under new, and completely different, management.
If you would like advice on anti-money laundering procedures please contact us.