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Tuesday, 11 February 2020

Newsletter 144

BREXIT – TRANSITION PERIOD

The leaders of the UK and European Union signed the Withdrawal Agreement, and the UK left the EU on
31 January 2020. However the UK is now in the transition or implementation period during which time it is ‘business as usual’ as the UK is covered by EU rules until the end of the year. By 2021 the UK aims to have agreed a deal on future arrangements with the EU and the rest of the world.
HMRC has contacted businesses in the UK who may import and export between the UK and the EU to explain what they can do to prepare for changes to customs arrangements after the UK has left the EU.

No change during the implementation period

Between 1 February and 31 December 2020, there will be an implementation period. HMRC has confirmed that there will be no changes to the terms of trade with the EU or the rest of the world during this time.
From 1 January 2021, the way businesses trade with the EU will change and HMRC is reminding businesses that they should prepare for life outside the EU, including ensuring they are ready for customs arrangements.
HMRC is advising businesses to:
  • make sure they have a UK Economic Operator Registration and Identification (EORI) number
  • prepare to make customs declarations.
HMRC has posted letters to 220,000 VAT registered businesses advising them on the current position.
We will advise you on the progress of negotiations and what these will mean for your business.
Internet link: GOV.UK HMRC letters

SCOTTISH BUDGET

Minister for Public Finance and Digital Economy, Kate Forbes, delivered the 2020/21 Scottish Draft Budget on Thursday
6 February 2020, setting out the Scottish Government’s financial and tax plans.
The current Scottish income tax rates and bands for 2019/20 and the proposed rates and bands for 2020/21 on non-savings and non-dividend income are as follows:
Scottish Bands 2019/20Scottish Bands
2020/21
Band nameScottish Rates
£12,501* – £14,549£12,501* – £14,585Starter19%
£14,550 – £24,944£14,586 – £25,158Scottish Basic20%
£24,945 – £43,430£25,159 – £43,430Intermediate21%
£43,431 – £150,000**£43,431 – £150,000**Higher41%
Above £150,000**Above £150,000**Top46%
* assuming the individual is entitled to a full UK personal allowance
* Assumes individuals are in receipt of the Standard UK Personal Allowance.
** the personal allowance will be reduced if an individual’s adjusted net income is above £100,000. The allowance is reduced by £1 for every £2 of income over £100,000.
In the 2018 Autumn Budget, the UK Government announced that the UK-wide personal allowance would be frozen at its current level of £12,500 in 2020/21. The UK higher rate tax point for 2020/21 is also expected to be frozen at the 2019/20 amount of £50,000 (for those entitled to the full UK personal allowance) and the tax rates for non-savings and non-dividend income are expected to be maintained at 20%, 40% and 45% respectively. The additional rate of 45% is payable on income over £150,000.

Land and Buildings Transaction Tax change to non-residential rates and bands

The Government announced the introduction of a new 2% band for non-residential leases which will come into effect for contracts entered into on or after 7 February 2020. The rates and bands for non-residential LBTT transactions are as follows:
Non-residential transactions
Purchase price


Rate
Non-residential leases

Net present value of rent payable


Rate
Up to £150,0000%Up to £150,0000%
£150,001 to £250,0001%£150,001 to £2 million1%
Over £250,0005%Over £2 million2%
Internet link:GOV.SCOT Budget

BUDGET DAY 11 MARCH
Chancellor Sajid Javid has announced that he will deliver the 2020 Budget on Wednesday 11 March 2020.
The 2020 Budget will be the first to be delivered after the UK’s departure from the EU on 31 January 2020.
It is also Mr Javid’s first Budget as Chancellor, following the cancellation of last November’s planned Budget due to the General Election.
Mr Javid said:
‘People across the country have told us that they want change. We’ve listened and will now deliver.
‘With this Budget we will unleash Britain’s potential – uniting our great country, opening a new chapter for our economy and ushering in a decade of renewal.’
In the Budget announcement, the government said that it will prioritise the environment, and build on recent announcements to boost spending on public services and tackle the cost of living.
We will update you on Budget announcements.
Internet link: GOV.UK news

A DECADE OF BIZARRE EXCUSES AND EXPENSE CLAIMS

Vengeful witches and pet hamsters feature in HMRC’s list of imaginative excuses and expense claims, which has been published in the run up to the self assessment deadline.
HMRC has compiled a list of the weirdest unsuccessful excuses from the last decade.
The list includes one taxpayer who claimed their mother-in law was a witch who had cursed them, hamsters and dogs that had eaten the post and a taxpayer who was up a mountain without internet access.
HMRC also reported questionable expense claims including pet food for a Shih Tzu ‘guard dog’ and 250 days of claims for a £4.50 sausage and chips meal.
Commenting on the list, Angela MacDonald, HMRC Director General of Customer Services, said:
‘Each year, we try to make it as easy and simple as possible for our customers to complete their tax returns and the majority make the effort to do their’s right and on time.
‘We always offer help to those who have a genuine excuse for not submitting their return on time. It is unfair to the majority of honest taxpayers when others make bogus claims.’
Internet link: GOV.UK news

OFF-PAYROLL WORKING

HMRC has now published draft secondary legislation for the off-payroll working rules that are due to come into force in April this year.
In 2017, HMRC introduced new off-payroll rules to the public sector, which saw some contractors’ net income cut significantly. HMRC also shifted the responsibility for compliance from individual contractors to public bodies or recruitment agencies.
From 6 April 2020, the new tax rules will use the 2017 changes as a starting point for the extension to medium and large organisations in the private sector. These reforms will shift the responsibility for assessing employment status to the medium and large organisations engaging the individual worker via and intermediary.
The new draft legislation is open for consultation until
19 February 2020.
Jesse Norman, the Financial Secretary to the Treasury, said:
‘We recognise that concerns have been raised about the forthcoming reforms to the off-payroll working rules. The purpose of this consultation is to make sure that the implementation of these changes in April is as smooth as possible.’
Internet link: GOV.UK consultations

TAX RELIEF ON PROFESSIONAL FEES AND SUBSCRIPTIONS

Employees are allowed to claim tax relief on their annual professional fees or subscriptions to some HMRC approved professional organisations. The costs are tax deductible generally where the individual must have membership to do their job or it is helpful for their work. Where the fees are paid by the individual’s employer this will not generally result in a benefit in kind charge.
HMRC has updated the list of approved bodies which also includes not only details of the professional bodies that are approved but details of qualifying annual subscriptions for journals.

CHANGES TO OVERDRAFT FEES

The Financial Conduct Authority (FCA) has confirmed it will introduce new rules in April this year that it says will make the costs of overdrafts clearer and easier to compare.
The rules will mean banks can only charge for overdraft users a simple annual interest rate – without additional fees and charges.
According to the FCA, seven out of ten overdraft users will be better off or see no change in cost.
Christopher Woolard, Executive Director of Strategy and Competition at the FCA, said:
‘Our changes expose the true cost of an overdraft. We have eliminated high prices for unarranged overdrafts.
‘This will result in a fairer distribution of charges, helping vulnerable consumers, who were disproportionately hit by high unarranged overdraft charges, and many people who use their overdraft from time-to-time.’
However, many banks have responded by hiking the interest rates they charge on overdrafts and several of the largest providers are set to introduce rates of up to 40%.
The FCA has sent a letter to the providers asking them to explain what influenced their decision and to ask how the banks will deal with any customers who could be worse off following the changes.
It said some firms could reduce or waive interest for customers who are in financial difficulty because of their overdraft.
Internet links: FCA press release FCA letter

NEW RIGHT TO PAID PARENTAL BEREAVEMENT LEAVE

The government has confirmed that parents who suffer the loss of a child will be entitled to two weeks’ statutory leave.
Under the new entitlement working parents who lose a child under the age of 18 will get two weeks’ statutory leave and where they meet the necessary conditions a legal right to two weeks’ paid bereavement leave.
Business Secretary Andrea Leadsom, stated:
‘The Parental Bereavement Leave and Pay Regulations, which will be known as Jack’s Law in memory of Jack Herd whose mother Lucy campaigned tirelessly on the issue, will implement a statutory right to a minimum of 2 weeks’ leave for all employed parents if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy, irrespective of how long they have worked for their employer.
This is the most generous offer on parental bereavement pay and leave in the world, set to take effect from April.’
Under the new rules, parents will be able to take the leave as either a single block of two weeks, or as two separate blocks of one week each taken at different times across the first year after their child’s death.
The right to Parental Bereavement Leave (PBL) will apply to all employed parents who lose a child under the age of 18, or suffer a stillbirth (from 24 weeks of pregnancy), irrespective of how long they have been with their employer.
Parents with at least 26 weeks’ continuous service with their employer and weekly average earnings over the lower earnings limit (£118 per week for 2019/20) will also be entitled to Statutory Parental Bereavement Pay (SPBP), paid at the statutory rate of £148.68 per week (for 2019/20), or 90% of average weekly earnings where this is lower.
The government has confirmed SPBP will be administered by employers in the same way as existing family-related statutory payments such as Statutory Paternity Pay.
Internet link: GOV.UK news

Newsletter 143

SELF ASSESSMENT TAX RETURNS

In terms of Self Assessment Tax Returns we have again managed to get all possible Tax Returns submitted to
HM Revenue & Customs before the deadline of midnight on
31 January.
Having dealt with these, we allowed ourselves a period of reflection and having looked at the relevant data, 2 issues arose.  The first is that over the last 3 years the number of tax returns completed in January has risen by about 10% year on year.  The second is that the amount of tax repayable as a consequence of submitting returns in January has also risen by up to 15%.
Getting a tax return submitted earlier has the following
benefits :
  • Any repayments are made early meaning that you have your cash not HMRC
  • If you have payments to make they can be calculated so that you can plan for them
  • The amount of time that HMRC have to make enquiries and increase your worry is reduced
  • Information is readily available if you are considering a change of mortgage lender
So we would encourage you to consider this and not to wait until the last minute

MINIMUM WAGE RATES ANNOUNCED

The government has announced a 6.2% increase in the National Living Wage (NLW), which applies to workers aged 25 and over. From 1 April 2020 the NLW will rise from the current rate of £8.21 to £8.72 an hour, in the largest raise since it was introduced two decades ago.
The government has confirmed that the new rate will start on
1 April 2020 and will result in an increase of £930 annually for 2.8 million full-time workers earning the NLW.
Workers aged under 25 earning the National Minimum Wage (NMW) will also see increases of between 4.6% and 6.5%, depending on their age.
Bryan Sanderson, Chair of the Low Pay Commission (LPC), said:
‘The NLW has been an ambitious long-term intervention in the labour market. The rate has increased faster than inflation, faster than average earnings and faster than most international comparators.
‘This has raised pay for millions without costing jobs, although employers have had to make a variety of other adjustments to deal with the increases.’
Internet link: GOV.UK news

REVIEW OF THE DISGUISED REMUNERATION LOAN CHARGE

The government has announced it will make a number of changes to the loan charge rules, in response to Sir Amyas Morse’s independent review of the loan charge policy and its implementation.
The government has announced the following key changes to the loan charge:
  • the loan charge will apply only to outstanding loans made on, or after, 9 December 2010
  • the loan charge will not apply to outstanding loans made in any tax years before 6 April 2016 where the avoidance scheme use was fully disclosed to HMRC and HMRC did not take action
  • affected taxpayers can elect to spread the amount of their outstanding loan balance evenly across three tax years: 2018/19, 2019/20 and 2020/21.
Please contact us for advice with this issue.

CHANCELLOR COMMITS TO REVIEW OF IR35

The Chancellor of the Exchequer, Sajid Javid has announced that the major review of all aspects of self-employment, promised in the Conservatives’ manifesto, will include the proposed extension of the Off-Payroll working rules to the private sector from April 2020.
Speaking on Radio 4’s Money Box Election Special, Sajid Javid said that, as part of the review, he wanted in particular to look again at the proposed changes to the IR35 rules. He said:
‘I value the work of consultants and I want to make sure that the proposed changes are right to take forward.’
Internet link: economia news

RETIRING CLINICIANS PAYMENTS

The Secretary of State has confirmed that the commitments being entered into, to make payments to clinicians affected by annual allowance pension tax, will be honoured when clinicians retire.
In a written statement Matt Hancock, Secretary of State for Health and Social Care stated:
‘I have agreed to support this proposal from NHS England and NHS Improvement for reasons of urgent operational necessity….
‘The scheme involves employers making binding contractual commitments to be given to every affected NHS clinician so as to ensure that this commitment is honoured. Full details of the terms of the payment arrangements are set out in letters that are being sent to each affected clinician by their employer including the terms and conditions of the offer.
‘Clinicians are therefore now immediately able to take on additional shifts or sessions without worrying about an annual allowance charge on their pensions.’
Internet link: GOV.UK statement

GUIDANCE ON STRUCTURES AND BUILDINGS ALLOWANCE

The latest HMRC Agent Update includes guidance on the Structures and Buildings Allowance (SBA). This capital allowance is designed to provide tax relief for businesses and to support investment in constructing new structures and buildings and improving existing ones.
The SBA relieves the construction costs for new structures and buildings used for qualifying purposes and the improvement of existing structures and buildings, including the cost of converting existing premises for use in a qualifying activity.
The SBA is available at a flat rate of 2% a year, for up to 50 years, on the eligible costs of building, converting or renovating non-residential structures or buildings that have been brought into qualifying use. Certain costs are specifically excluded such as those costs that qualify for plant and machinery allowances, planning permission, landscaping, cost of land and integral features and fixtures.
For a claim to be valid the date of the earliest contract for construction of the structure or building must be on or after
29 October 2018. The first use of the structure or building must be non-residential.
The Agent Update confirms claims for the allowance must be made on a tax return. However for tax returns up to April 2020 there is no specific box for SBA claims. HMRC advise affected taxpayers to follow the guidance contained in the notes to the returns.
Internet link: GOV.UK Agent Update 75

CALL FOR REVIEW OF HIGH INCOME CHILD BENEFIT CHARGE

The Low Incomes Tax Reform Group (LITRG) is calling on the government to address issues with the High Income Child Benefit Charge (HICBC).
The HICBC is designed to claw back child benefit where the claimant or their partner earns in excess of £50,000. According to LITRG some households think making a child benefit claim is not worthwhile if it will be clawed back in full via the tax charge, with the added administrative burden of needing to complete a tax return. LITRG warns that this trend will have unforeseen consequences for the lower-earning partner and for the child.
LITRG is calling for the Government to reconsider the £50,000 threshold at which the HICBC  starts to apply, if it is retained in its current form.
Victoria Todd, Head of LITRG Team, said:
‘Despite its name, the high income child benefit charge can have consequences for the lower earner in a couple even though the liability to the tax charge falls to the higher earner. This is because where the tax charge applies a household may decide, quite understandably, not to claim child benefit at all. But this means that the lower earning individual may miss out on National Insurance credits, due for the first 12 years, which help to build entitlement towards a state pension.
‘The Government’s solution is to allow couples to claim child benefit regardless and, if they wish to avoid the charge, they can choose not to receive payments – but this is not widely known and to many, claiming and receiving a benefit are the same thing.
‘This is a problem which is affecting an increasing number of families because the £50,000 threshold has remained static since the charge was introduced in 2013. At that time, the HICBC was intended to affect only the top 10 percent of earners, but each year the proportion of those affected increases as wages rise. LITRG recommends that the next Government considers uprating the £50,000 threshold, just like some other tax thresholds and allowances, to minimise the adverse consequences for those families it affects and ensure the policy works in the way originally intended.’
Please contact us for help and advice on HICBC.
Internet link: LITRG press release

CURRENT LIST OF DELIBERATE TAX DEFAULTERS

HMRC publishes details of deliberate tax defaulters, those people who have received penalties either for:
  • deliberate errors in their tax returns or
  • deliberately failing to comply with their tax obligations.

WELSH GOVERNMENT PUBLISHES DRAFT BUDGET

The Welsh government has published its Draft Budget, setting out revenue raising and capital spending plans for 2020/21.
The Draft Budget confirms no changes are proposed to Welsh income tax rates, or Land Transaction Tax rates and bands. The Draft Welsh spending plans for the longer term will depend on the next UK Budget and comprehensive spending review scheduled for 2020.
Internet link: GOV.WALES Budget