Over the past eighteen months HMRC (the UK tax authority) have been revising their approach to encourage compliance. HMRC have at their disposal vast pools of information from overseas jurisdictions, from Companies House and from the Land Registry. They are using this data to subtly push people towards compliance, which is why they are called ‘nudge’ letters. The letter is designed to prompt or nudge the taxpayer into reviewing their tax returns and finances to determine whether further income or gains need to be notified to HMRC.
HMRC has recently issued ‘nudge’ letters to taxpayers who it believes hold crypto assets. The letter advises them that Capital Gains Tax issues can arise on any gains realised from the sale, or deemed disposal, of crypto assets. This can include the outright sale of crypto assets for cash, exchanging one crypto asset for another or using crypto assets to acquire goods or services.
What should you do if you get a ‘nudge’ letter?
It is important to undertake a thorough review of your sources of income and gains to consider if your filings are correct and complete. If you are sure that everything is in order, you can respond to HMRC to this effect.
The HMRC ‘nudge’ letter asks the individual to sign and complete a ‘certificate of tax position’ declaration. This includes a confirmation of understanding that a false declaration is a criminal offence and can result in an investigation or even criminal prosecution. There is no legal obligation on the taxpayer to sign the declaration and if your affairs are in order it may be best to respond to HMRC by letter rather than with the ‘certificate of tax position’ provided.
If you have overlooked a source of income or gain, then this will need to be corrected as soon as possible. Different disclosure routes are available depending on the individual’s circumstances and one such route is via the Digital Disclosure Service (DDS).
How We Can Help
It is advisable for the individual to seek specialist tax advise on receipt of a HMRC ‘nudge’ letter.
Our tax team can help you review your tax position and can respond to HMRC and confirm what action, if any, will be taken to resolve the matter. In our experience, getting the strategy right to resolve the enquiry, in the most cost-effective way, is the key to minimising any potential damage.
For more information, please contact Paul Webb or Karen Dyerson in the Dixcart office in the UK: hello@dixcartuk.com as soon as possible to discuss the position.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
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Dixcart UK Tax Card 2023-2024
Paul Webb,
28th March 2023
Tax
The tax card outlines the business and individual tax rates for the tax year of 2023/24. All the essential tax facts, rates and figures are provided in one handy PDF, offering an easy point of reference all year round.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
Planning the future of your wealth is not just about tax efficiency or legal structures...
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UK Taxation: Last-Chance Opportunities to Keep More Money in Your Pocket before April 2023
Paul Webb,
23rd February 2023
Tax
With several tax changes due to come into force from April 2023, we look at a few last-chance opportunities available now to both individuals and companies, to save money in the coming months.
Last-chance Opportunities – Income Tax
Where income is expected to be between £125,140 and £150,000 in 2023/24, bringing income into 2022/23 could mean the difference between being taxed at 40% in 2022/23, rather than being taxed at 45% in 2023/24; or between 41% and 47% in Scotland. There are a variety of ways that this may be done, and we can help you review the possibilities in your circumstances.
CGT Exemptions
A phased reduction in the capital gains tax (CGT) annual exemption is on the horizon.
Currently £12,300, the exemption falls to £6,000 from 6 April 2023. A further reduction takes effect from 6 April 2024, when it drops to £3,000. A key component of any such planning is to make use of the annual exemption. It is possible to transfer assets between you and your spouse on a no gain/no loss basis in order to make best use of the exemption. It is essential to get the detail of any transfer correct. Do please discuss any disposal with us first to make sure that it is effective for tax purposes.
ISA Accounts
ISAs are sometimes referred to as a tax ‘wrapper’ for investments: they allow you to make a tax-efficient investment, rather than dealing directly in the investment market and facing the associated tax consequences. The tax benefits are considerable.
ISAs are free of income tax and capital gains tax and do not impact the availability of the savings or Dividend Allowance. ISA limits cannot be carried into future years. Use it before 5 April 2023, or lose it.
ISA Subscription Limits
Type of ISA
2022/23 Limit
Cash ISA
£20,000
Stocks and shares ISA
£20,000
Innovative finance ISA
£20,000
Lifetime ISA
£4,000
Junior ISA
£9,000
Looking forwards, once the capital gains tax annual exemption falls from 6 April 2023, ISAs become an even more important tool for tax planning.
HMRC’s Corporation Tax Super-Deduction Comes to an End 31/3/2023. Should my Company Take Advantage?
HMRC’s Corporation Tax super-deduction scheme finishes on 31 March 2023. The super-deduction allowed companies to cut their taxes by up to 25p for each pound invested.
Simultaneously, the rate of corporation tax will increase from 19% to 25% for many companies from 1 April 2023. To benefit from an accelerated tax saving with a capital purchase, action should be taken now to determine if action should be taken before that date.
For companies in the following situations, the consequences of purchasing an asset in March 2023 as opposed to April 2023 could be of even greater benefit to the company:
Where profits are being made below the £250,000 limit (adjusted for associated companies)
Where a company is in a taxable loss position
Additional Information
If you have any questions regarding the forthcoming changes to UK corporation tax, please get in touch with your usual contact at the Dixcart office in the UK or e-mail: advice.uk@dixcart.com.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
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SEIS and EIS – The Opportunities Available to Investors and Fund Raisers Alike
Paul Webb,
22nd February 2023
Tax
Dixcart UK can help your business raise funding through the use of the Enterprise Investment Scheme (EIS) or the Seed Enterprise Investment Scheme (SEIS).
EIS fund raising is designed to help your company raise money to grow your business. It does this by offering tax reliefs to individual investors who buy new shares in your company.
Up to £5 million each year, and a maximum of £12 million in your company’s lifetime, can be raised through the use of EIS. This includes amounts received from other venture capital schemes.
Comprehensive advice regarding the scheme rules will ensure that your investors claim and retain EIS tax reliefs relating to their shares and we can also manage the whole process, from pre-approval to the issue of the EIS certificate.
The Seed Enterprise Investment Scheme (SEIS) and Enterprise Investment Scheme (EIS) are very similar schemes which offer substantial tax incentives to investors in qualifying companies.
The tax incentives for SEIS and EIS investments are intended to encourage investment in high-risk, small, unquoted companies that may find it difficult to raise finance without the tax incentives being offered. Dixcart UK is a tech sector specialist and also offer expertise on the different rules that are available for knowledge-intensive companies that carry out a significant amount of research, development or innovation.
Details are complex, but we can offer advice for you to progress through the process as smoothly as possible.
SEIS focuses investment in the very early stage, for new businesses that may face particular difficulties in raising finance as they are seen as being very high risk. EIS is also intended for small companies but they can be a little larger and a little older than those for which SEIS is intended. The schemes are very similar and are designed to facilitate seamless growth through financing being raised first through SEIS and then further, follow on financing, being raised through EIS.
The company must first meet the conditions required by the SEIS / EIS legislation to become a qualifying company and it must then issues shares which need to meet stringent requirements to be qualifying shares. Advance assurance can be sought from HMRC, before the share issue, to gain comfort that the conditions will be met. The investor subscribes for the shares either directly, or in some cases through an approved investment fund, and then the investor applies to HMRC for the tax reliefs available.
From the investor’s point of view, the process for claiming the tax relief is quite straightforward, as it simply involves following a few steps which are detailed on the scheme certificates. The more difficult aspect rests with the company and its ability to meet all of the prescribed conditions.
The Reliefs available to Investors
Before an investor can make a decision to invest and/or before the company can consider if raising funds though EIS would be appropriate, an understanding of the tax reliefs available to the investor is needed.
Type of relief for investor
Tax relief available for the investor under EIS and SEIS
Income tax relief
Relief is given as a tax reduction against the overall liability for the tax year of the investment (or the preceding year). For EIS, the tax reduction is 30% of the amount invested, whilst under SEIS it is at 50%. Both schemes have different maximum annual investment limits imposed on the investor.
Capital Gains Tax exemption
Disposals of qualifying shares that have been held for at least three years may be free from CGT, provided that income tax relief has not been withdrawn.
Capital Gains Tax loss relief
Any losses arising on a disposal of EIS shares may either be offset against capital gains in the same tax year as the investment (or carried forward against future gains).
Share loss relief
Losses on the disposal of qualifying shares may be offset against general income in the year of disposal or the preceding year.
Capital Gains Tax deferral or reinvestment relief
Under EIS, CGT deferral relief allows investors disposing of any asset to defer gains against subscriptions in EIS shares. The gain is deferred until the EIS shares are disposed of or a chargeable event takes place in relation to those shares. Under SEIS, CGT reinvestment relief is offered on the disposal of any assets where the gains realised are reinvested under SEIS. 50% of the gain reinvested attracts exemption from CGT.
Worked examples to compare EIS and SEIS Tax Relief
Three scenarios are demonstrated below to illustrate possible outcomes for an investor investing in a qualifying company under the EIS and SEIS. In the first scenario, the company fails and is wound up; in the second, the company breaks even with no change in the value of its shares; and in the third scenario, the company is successful and the shares double in value.
It is assumed that the investor invests £10,000, the investor’s marginal rate of income tax is 45%, capital gains tax is charged at 20%, the annual investment limits have not been breached, and income tax relief is not withdrawn or reduced.
Type of scheme
Income tax relief as a tax reducer
Scenario 1:The company fails and is wound up
Scenario 2:The company breaks even
Scenario 3:The company succeeds and the shares double in value
EIS
Upon investment, the available income tax relief is £3,000 (30% x £10,000).
Value of shares = zero. The capital loss is £7,000. Using CGT loss relief: the loss can be offset against other gains generating CGT relief of £1,400 (£7,000 x 20%). Net outflow = initial investment – initial relief – CGT relief = £5,600. Using share loss relief: the loss can generate further income tax relief of £3,150 (£7,000 x 45%). Net outflow = initial investment – initial relief – share loss relief = £3,850.
Value of shares = £10,000. The investor has not made a capital loss and keeps the initial £3,000 income tax relief. Net inflow on sale of shares = proceeds – initial investment + initial relief = £3,000.
Value of shares = £20,000. The capital gain of £10,000 is exempt from CGT. Net inflow on sale of shares = proceeds – initial investment + initial relief = £13,000.
SEIS
Upon investment, the available income tax relief is £5,000 (50% x £10,000).
Value of shares = zero. The capital loss is £5,000. Using CGT loss relief: the loss can be offset against other gains generating CGT relief of £1,000 (£5,000 x 20%). Net outflow = initial investment – initial relief – CGT relief = £4,000. Using share loss relief: the loss can generate a further income tax relief of £2,250 (£5,000 x 45%). Net outflow = initial investment – initial relief – share loss relief = £2,750.
Value of shares = £10,000. The investor has not made a capital loss and keeps the initial £5,000 income tax relief. Net inflow on sale of shares = proceeds – initial investment + initial relief = £5,000.
Value of shares = £20,000. The capital gain of £10,000 is exempt from CGT. Net inflow on sale of shares = proceeds – initial investment + initial relief = £15,000.
Further Information
If you would like more information on either of the EIS or SEIS schemes and how they may be beneficial to you as an investor or a company seeking to raise funds, please get in touch.
Our specialist team will take all the hassle away from you and you can be confident that your claim will be handled quickly and efficiently to maximise the relief available. Please contact Paul Webb on 0333 122 0000 or email hello@dixcartuk.com to arrange a free no obligation consultation.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
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UK Corporate Tax – Substantial Changes
Paul Webb,
6th December 2022
Tax
During the Autumn of 2022, changes to UK corporate tax and personal tax regimes were subject to a number of amendments.
In addition, it is now confirmed that two significant changes are taking place in the near future:
From 1 April 2023, non-UK resident property companies will be subject to an increased corporate tax rate of 25%, a 6% increase compared to the current rate of 19%, tax year 2021/2022.
An existing set of rules which, have not been directly relevant for some time, will now definitely need to be taken into account and will see many companies under common control, now being viewed as ‘associated’ with each other. This can have a significant impact on the amount and dates on which UK corporate tax is payable.
The Increase in the UK Corporate Tax Rate
From 1 April 2023, corporate tax rates in the UK will vary between 19% and 25%. The previous single rate having been 19%.
Where a UK resident company has taxable profits of less than £50,000, the 19% small profits rate will apply. UK resident companies with profits of between £50,000 and £250,000 will pay a tapered rate of between 19% and 25%. Above the higher limit of £250,000, the 25% rate will apply to all taxable profits.
These bandings are reduced if there are associated companies, please see further details below.
Where an accounting period spans across the date of 1 April 2023, taxable profit will be split to the period before and after 1 April 2023, with differing rates applied.
Companies Incorporated or Tax Resident Overseas
Companies which are incorporated and/or tax resident overseas and which are subject to UK corporation tax, will pay a flat rate of 25% corporation tax on taxable profits arising after 1 April 2023.
This 25% rate will apply to all UK based property and trading income and to capital gains on all sales of UK investment property.
Action could be taken ahead of 1 April 2023, to mitigate some of the implications of these changes. Any proposed action would, however, need to be assessed to ensure it makes commercial sense and take into account any prevailing case law and HMRC practice. Professional advice from a company such as Dixcart should be taken.
The Option of De-enveloping UK Property Held in a Non-UK Resident Company
If the de-enveloping of UK properties being held by non-UK resident companies is being considered, this should take place as far ahead of 1 April 2023, as possible.
Each situation needs to be considered based on its merits and an evaluation needs to take place as to whether this is the most appropriate action, from both a tax and a wider perspective. Any decision also needs to take into account that it might take some time to put changes in place to achieve the desired end result.
Associated Companies – Changes to the Rules
The current rule of a ‘related 51% group company’; where companies have generally been deemed to be related 51% companies, where there is common corporate ownership greater than 50%, is also due to change on 1 April 2023. As a consequence, companies that previously did not fall within the quarterly instalment payment regime (QIPs), may now do so.
The new definition of associated companies will be significantly broadened to include companies controlled by the same person/s. A ‘person’ includes not only individuals but also trustees of a trust and partners of a partnership.
A simple example is detailed below: a trust holds all the shares (100%), in 8 separate companies. The companies undertake similar activities, and the shares were settled into the trust by the same settlor. Under the pre-1 April 2023 rules there are no 51% group companies, under the new rules there could be up to 8 associated companies.
QIPs: Definition
Most companies pay UK corporation tax within 9 months and 1 day, after their year-end. This is unless they fall under QIPs. As detailed above, whether a company is deemed to be an associated company and the number of associated companies will determine whether a company must pay its UK corporation tax via the QIPs regime.
Generally, QIPs applies, where:
Taxable profit exceeds £1.5million in two consecutive accounting periods,
OR
Taxable profit exceeds £10million on any accounting period.
It is very important to note that the taxable limits are divided by the number of associated companies.
QIPs does not increase the tax payable, but it does have a considerable impact on cash flow and missing or underpaying QIPs can result in penalties and/or interest being applied.
Additional Information
If you have any questions regarding the forthcoming changes to UK corporate tax, please contact Paul Webb at: hello@dixcartuk.com.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
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HMRC Focus on Offshore Corporates Owning UK Property
Paul Webb,
20th September 2022
Tax
A New Campaign
A new campaign was launched by HMRC, in September 2022, aimed at overseas entities that may not have met UK tax obligations in relation to the UK property that they own.
HMRC have stated that it has reviewed data, from HM Land Registry in England and Wales and other sources, to identify companies who may need to make disclosures for; non-resident corporate rental income, annual tax on enveloped dwellings (ATED), the transfer of assets abroad (ToAA) legislation, non-resident capital gains tax (NRCGT), and, finally, income tax under the transactions in land rules.
What is Taking Place?
Depending on the circumstances, companies will receive letters, accompanied by a ‘certificate of tax position’, recommending that they ask connected UK-resident individuals to re-examine their personal tax affairs, in the light of relevant anti-avoidance provisions.
Since 2019, ‘certificates of tax position’ have been issued to UK residents who receive offshore income.
The certificates typically require a declaration of the recipients’ offshore tax compliance position within 30 days. HMRC has previously noted that taxpayers are not legally obliged to return the certificate, which could expose them to criminal prosecution, if they make an incorrect declaration.
Standard advice to taxpayers is that they should consider very carefully whether they return the certificate or not, regardless of whether they have irregularities to disclose or not.
The Letters
One of the letters concerns undisclosed income received by non-resident corporate landlords and liability to ATED, where applicable.
This will also prompt UK-resident individuals who have any interest in the income or capital of a non-resident landlord, whether directly or indirectly, to consider their position as they may fall within the scope of the UK’s ToAA anti-avoidance legislation meaning that the income of the non-resident company can be attributed to them.
The letter recommends that any such individuals should seek professional advice to ensure their affairs are up-to-date.
An alternative letter is being sent to non-resident companies that have made a disposal of UK residential property between 6 April 2015 and 5 April 2019, without filing a non-resident capital gains tax (NRCGT) return.
Disposals of UK residential property by non-resident companies were subject to NRCGT between 6 April 2015 and 5 April 2019. Where the company purchased a property before April 2015 and the whole gain has not been charged to NRCGT, that part of any gain not charged, may be attributable to the participants in the company.
Such corporates may also be liable to pay UK tax on rental profits, as well as income tax under the transactions in land rules and ATED.
The Need for Professional Advice
We strongly recommend that UK-resident individual participants in these companies should seek professional advice, from a firm such as Dixcart UK, to ensure that their matters are up to date.
The Register of Overseas Entities
This new focus coincides with introduction of the new Register of Overseas Entities (ROE), that came into force on 01 August 2022.
As criminal offences may be committed for non-compliance, with the requirement for overseas entities to register certain details (including those of the beneficial owners) to Companies House.
If you have any questions and/or would like advice regarding non-resident status and the obligations in relation to tax on UK property, please speak to Paul Webb: at: hello@dixcartuk.com.
Alternatively, if you have any queries regarding the UK public register of beneficial ownership of overseas entities, please contact us at: hello@dixcartuk.com.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
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Key Points: Draft Legislation Finance Bill 2022-23
Paul Webb,
25th July 2022
Tax
The government published draft legislation week commencing 18 July, for the Finance Bill 2022-23. This includes consultations on changes to; capital gains tax, pensions and R&D tax relief.
Key Points
Capital gains
The divorce of a married couple requires assets to be distributed between the two individuals, often including a share in the value of the family home. Currently such transfers are only free of CGT if they occur within the same tax year of separation. Between that date and the decree nisi the couple are connected persons but not living together, so the CGT no gain/no loss treatment for transfers between married couple/civil partners does not apply.
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).
Pensions
Having pension contributions deducted from net pay is not a problem, if the individual is a taxpayer, because he/she gets the same tax relief as if the employer operates a relief at a source scheme. But under auto-enrolment, many low paid employees pay pension contributions although they do not earn enough to pay income tax, so they miss out on the tax relief.
For the tax year 2024/25 onwards, those employees on net-pay schemes will be able to claim a rebate from the government on the tax relief they are due. Why this has not been sorted out earlier is a mystery.
The treatment of regular income paid out of collective money purchase pension schemes, which are being wound, up will also be clarified. This will ensure that those payments are taxed as pensions and not as unauthorised payments. This change will take effect from 6 April 2023.
R&D tax relief
There have been several consultations on strengthening the R&D tax relief scheme to make it less vulnerable to fraud. The Finance Bill proposals go further and suggests that small companies who want to claim R&D tax relief, will have to inform HMRC in advance of their intention to claim within six months of the end of the first period the claim will relate to. A senior officer of the company and the tax adviser will also both have to be named on the claim. These are currently only proposals and we will keep you informed of any developments.
Clarifications
Companies who allow their residential properties to be used for the Homes for Ukraine scheme are to be exempt from ATED and the 15% rate of SDLT on those properties.
Consultations
Two new consultations were announced concerning new powers for HMRC to collect data from businesses, and to digitalise business rates, including linking that data to the wider tax system. We will provide further details once any measures are finalised.
Need Any Help?
If you have any questions regarding the proposed changes detailed above, please get in touch today: hello@dixcartuk.com
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
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60-days to Report Residential Property Gains – A Reminder
Paul Webb,
27th June 2022
Tax
Where a UK resident individual, trustee, personal representative, or partner in a partnership disposes of UK residential property and capital gains tax is due, they are required to report any Capital Gains Tax liability and pay any Capital Gains Tax due, within 60 days of the completion of the sale where there is a liability to Capital Gains Tax.
Non-UK residents are required to report not just disposals of residential property, but all disposals of UK land whether or not they realise a gain, including indirect disposals such as the sale of shares in property rich companies. A company is property rich if 75% or more of its gross asset value derives from UK property.
For a ‘one-off’ disposal, there may be no need to register for Self-Assessment and submit a Self-Assessment tax return, however, for those meeting the requirements of Self-Assessment or who are already in the Self-Assessment system, the property disposal will also need to be reported on their personal Tax Return.
Applicable Transactions and Properties
Reporting, by UK residents, applies to the following disposals:
A sale of UK property at arms-length
A gift, transfer or deemed disposal
A sale at undervalue
Types of Property
A property never lived in, or only lived in for part of the ownership period, where not a main residence
A holiday home
A rental property
A mixed residential and commercial property.
Payment on Account of Capital Gains Tax (CGT)
The actual capital gains tax liability will be computed once the taxpayer’s Tax Return has been prepared (if relevant). This will consider an individual’s taxable income for the year and losses realised after the property disposal, that were not reflected in the original tax estimate. The CGT paid is treated as a payment on account, and interest will be charged where the estimated tax payment is less than the actual CGT due.
Filing Requirement
To file the return, you will need to set up a Government Gateway account and create a ‘CGT on UK property’ account. A client can authorise an agent to file, such as Dixcart UK, the return on their behalf and there is a separate agent authorisation process.
Penalties
Where the return is not filed within 60 days of the date of completion, an automatic late filing penalty of £100 will apply.
Returns filed more than 6 months after completion of the sale will also attract a late filing penalty of £300 or 5% of the tax outstanding, whichever is higher. Returns filed more than 12 months after the completion of the sale will also attract a late filing penalty of £300 or 5% of the tax outstanding, whichever is higher.
Enquiry Period
Where an individual is not in Self-Assessment, the return is treated as having been filed on 31 January following the year of assessment in which the disposal takes place.
This is in contrast to someone in Self-Assessment for whom the enquiry window ends 12 months after the submission of the Self-Assessment tax return.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
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R&D SME Scheme
Paul Webb,
27th June 2022
Tax
Research and Development (R&D) tax relief can prove an extremely valuable tax relief and, for companies carrying out significant qualifying R&D projects, it may mean not having to pay any corporation tax for many years or even claiming a repayment from HMRC.
Despite the above it still remains a relatively under-claimed relief with companies believing the rules and qualifying criteria to be complex and prohibitive. However this is not the cause. Get in touch today to find out how easy the process is: hello@dixcartuk.com.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
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Favourable Tax Treatment for Employers Who Change Company Vehicles to Electric
Paul Webb,
6th June 2022
Case Study
Business owners and employers who provide their employees with company vehicles before March 2025 can enjoy substantial tax benefits in the next few years for making the switch to pure electric in advance of the 2030 ban. Example Case study:
A potential prospect heard about the tax relief available to business owners and employees with company vehicles, who switch to pure electric before the 2030 ban. He uses a company car and therefore can also benefit from his company making the change.
Dixcart UK can advise clients who are considering a move to electric company cars that they can:
Benefit from a 100% corporation tax relief on the purchase price in the year of purchase of the vehicle, provided that the car is new and unused.
Lease the vehicle if they wish and that the lease payment for an electric car is fully deductible against tax for the employer, although VAT recovery is limited to only 50% of the VAT cost – where the vehicle is used privately by the employee.
Provide clients with the use of the company car with a drastically reduced benefit in kind which would not only save tax but also would save the company employer’s NIC.
Benefit from a much lower value for the taxable benefit in kind and enjoy savings of income tax for the employee and Class 1A NIC for the employer, as the percentage for an electric car on how polluting they are is a modest 2% (compared to 37% for diesel and petrol cars).
Allow employees to continue to give up salary for their vehicle via salary sacrifice with an electric car, without being caught by the Optional Remuneration Arrangements (OpRA) rules. Where the employee gives up some salary for an electric car, the employee can still only pay tax on the cash equivalent of the benefit in kind if this is less than the salary given up.
In addition, there are incentives for employers who provide charging points on the work premises so employees can enjoy the convenience of charging while they are at work. Employers who install electric charging points and electric charging equipment can claim 100% of the cost as a first-year allowance and receive immediate upfront tax relief. They can also recover the VAT.
At the moment, the favourable tax treatment is set to run until March 2025, but there is no guarantee how long the benefits will be retained.
Going back to our example case study, the company (having understood all of the advantageous incentives for both employers and employees), have decided to go ahead and make this change now.
They have decided that the company will buy new, electric cars for the directors and key staff members and they have also decided to upgrade their carpark in order to provide workplace charging points. They would like to incentivise their staff members and show that they care about the wellbeing and values of their employees.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
Background Mr. Smith has been a client of Dixcart’s for many years and he wants to explore the options available to provide financial help to his children, as they get […]
Mr and Mrs Jones decided they wanted to relocate from Australia to the UK.
News & Views
Tax Planning Ahead of Move to UK – Avoiding Substantial Tax Liability Further Down the Line
Paul Webb,
6th June 2022
Case Study
Mr and Mrs Jones relocated to the UK in 2021 and wish to benefit from the Remittance Basis of Taxation. Example Case study:
At the beginning of January 2021, Mr and Mrs Jones decided they wanted to relocate from Australia to the UK, so that their two minor children could start school early in September 2021.
They had already consulted with an Australian tax adviser to make sure that they carried out all of the relevant local tax planning in preparation for leaving Australia, but they were contacting us to find out what the tax implications would be for them once they had relocated to the UK.
The previous year, their friends had relocated to the UK, and believing that as they were not originally from the UK, they would be taxed on the ‘remittance basis’ and hence not on their non-UK source income, had found themselves liable to a substantial amount of capital gains tax and income tax as they had not planned for the move.
Fortunately for Mr and Mrs Jones, they had heard of this and not wanting to find themselves in the same situation, sought UK tax advice.
They had a large sum of cash savings held in an Australian bank and were planning on renting out their property in Australia, from August 2021.
Dixcart UK are able to advise them that:
They would become tax resident in the UK from 1 August 2021 under the UK’s split year rules (as they planned on moving to the UK on 1 August 2021) and would be liable to file a tax return by 31 January 2023 and pay any taxes due,
They should instruct their Australian bank to make sure interest from their cash savings is kept in a new, but separate account going forward, and
They should instruct their Australian bank, as of August 2021 when they start to rent out their property, to make sure rental income is deposited in a separate newly created bank account (but within the same bank).
If they ever decide to sell their Australian property, they should not remit this income to the UK (unless they need the funds in the UK but see below) but add the proceeds of the sale to a newly created capital gains account with their bank.
In regard to the final bullet point, we often see individuals sell their properties abroad in order to purchase a property in the UK, which is exactly what the friends of our clients did.
Instead, if Mr and Mrs Jones ever decide to purchase property in the UK, they should try to remit monies from their original cash savings, rather than use the money from the sale of their property, as they would be remitting capital that they have PRIOR to becoming UK tax resident, and that this would be tax free in the UK providing the followed the advice above.
As planned, in August 2021, Mr and Mrs Jones moved to the UK ready for the new school term. If they had not sought UK tax advice in advance of this, and put appropriate tax planning measures in place, they may have had a very different start to living in the UK than they did.
Read our article here to find out what happened to their friends and how the outcome for them could have been so different and could have resulted in a UK tax liability of ZERO instead of what did happen.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
Background Mr. Smith has been a client of Dixcart’s for many years and he wants to explore the options available to provide financial help to his children, as they get […]
Business owners and employers who provide their employees with company vehicles before March 2025 can enjoy substantial tax benefits in the next few years for making the switch to pure […]
News & Views
Five Ways SMEs can get Financial Support for their Business
Paul Webb,
20th May 2022
Tax
There are several incentives offered by the Government that small or medium businesses (SME) can access now to help them invest and grow.
1. Claim up to £5,000 with the Employment Allowance
Employment Allowance allows eligible employers to reduce their National Insurance Contribution (NIC) liability each year. Last month, HMRC increased the Employment Allowance from £4,000 to £5,000 to further benefit SMEs, which is a new tax cut worth up to £1,000 for nearly half a million SMEs.
Businesses will pay less Employers’ Class 1 National Insurance each time they run their payroll until the £5,000 has gone or the tax year ends (whichever is sooner), if their Class 1 National Insurance liabilities were less than £100,000 in the previous tax year. To find out if your business is eligible, get in touch today or find out more here.
2. Help to Grow: Get a discount of up to £5,000 on new software
The Government provides two ‘Help to Grow’ programmes to assist SMEs grow their business and build towards reaching its full potential:
Help to Grow: Digital
This is a UK-wide Government backed scheme which allows businesses to choose, buy, and adopt digital technologies which will help their business develop.
Eligible businesses can receive a 50% discount when buying new software, worth up to £5,000 per SME. Businesses can also access online, free impartial advice and support about how digital technology can boost their business’ performance.
Help to Grow: Management
This scheme provides SMEs with access to a 12-week learning course on a range of topics from leadership and financial management to marketing and digital adoption, all designed to fit alongside work commitments.
This management course is 90% funded by the Government so businesses only pay £750, and it is delivered through leading UK business schools and by one-on-one support from expert business mentors.
By the end of the management programme, businesses will have developed a business growth plan to help reach their full potential.
To be eligible, businesses must be a UK-based SME, actively trading for at least one year, and have a total of between 5 – 249 employees.
3. Get up to half off Business Rates – from April 2022
There is a new business rates relief scheme which allows businesses such as small retail, hospitality, and leisure properties worth £1.7 billion in 2022/23, to benefit from 50% off their business rates bills, up to a cash cap limit of £110,000 per business.
The Government will reimburse local authorities that use their discretionary relief powers to grant relief. To find out which properties can benefit from relief, please get in touch or find out more here.
In addition, the business rates multipliers, which are used to calculate how much business’ rates should be paid, have been frozen for another year. For 2022 to 2023 the business rates multipliers are 49.9p for the small business multiplier and 51.2p for the standard multiplier.
From April 2022 there are no business rates due on a range of green technology, including solar panels and batteries, whilst eligible heat networks will receive 100% relief, helping business save around £200 million over the next five years.
4. Invest in your Business: Super-deduction and Annual Investment Allowance (AIA)
The Super-deduction
For expenditure incurred from 1 April 2021 until the end of March 2023, companies can claim 130% capital allowances on qualifying plant and machinery investments and a 50% first-year allowance for qualifying special rate assets.
Under the super-deduction, for every pound a company invests in any qualifying machinery and equipment (which can include the purchase of computers, most commercial vehicles, and office furniture), their taxes are cut by up to 25p ensuring the UK capital allowance regime is amongst the world’s most competitive.
Annual Investment Allowance (AIA)
The AIA provides 100% relief for plant and machinery investments up to its highest ever £1 million threshold until 31 December 2021. Originally due to revert to £200,00 at the start of 2022, the extension of the £1 million limit for the Annual Investment Allowance allows businesses to spend up to £1 million on qualifying business equipment and deduct in-year its full cost before calculating taxable profits.
You can only claim AIA in the period you bought the item. The date you bought it is:
when you signed the contract, if payment is due within less than 4 months, or
when payment is due, if it’s due more than 4 months later.
You cannot claim AIA on business cars, items owned for another reason before starting the business, and items given to the business or business owner(s).
For more information, please get in touch or find out more here.
5. Fuel Duty
From 23 March 2022, the Government has implemented a 5p per little fuel duty cut on petrol and diesel for 12 months.
This cut, with the additional freeze in fuel duty in 2022 to 2023, will represent a £5 billion saving worth approximately:
£200 for the average van driver
£1,500 for the average haulier
Further Information
If you have any further related SME queries, please get in touch and we can give you tailored financial advice for your business. To find out what other support may be available for your business, please contact Paul Webb at hello@dixcartuk.com, or search ‘business support’ on GOV.UK.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
Planning the future of your wealth is not just about tax efficiency or legal structures...
News & Views
A Simple Guide to Enterprise Management Incentives (EMI Share Schemes)
Paul Webb,
17th May 2022
Tax
If you own or work for a company with assets of £30 million or less, it may be able to offer Enterprise Management Incentives (EMI).
Companies can grant employees share options, up to the value of £250,000 in a 3-year period. Employees will not need to pay Income Tax or National Insurance if they buy shares for at least the market value of the shares when granted the option.
EMI Share Schemes is a Government approved, tax beneficial and very flexible way of incentivising key staff members. This guide outlines some of the most common options within the scheme to do this, from the Growth Share Scheme to the Phantom Share Scheme.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
Planning the future of your wealth is not just about tax efficiency or legal structures...
News & Views
Dixcart UK Tax Card 2022-2023
Paul Webb,
5th April 2022
Tax
The tax card outlines the business and individual tax rates for the tax year of 2022/23. All the essential tax facts, rates and figures are provided in one handy PDF, offering an easy point of reference all year round.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
Planning the future of your wealth is not just about tax efficiency or legal structures...
News & Views
R&D Tax Credits: What You Need to Know
Paul Webb,
22nd February 2022
Tax
R&D Tax Relief is a UK Government backed incentive designed to encourage innovation and increase spending on Research and Development activities for companies operating in the UK.
For SMEs:
A deduction of 230% of the amount spent on R&D can be made from taxable profits, reducing the corporation tax due.
For loss making companies:
The scheme allows up to 33.35% of a company’s R&D spend to be recovered as a cash repayment.
However, claims are often overlooked.
Business owners often; over-estimate the level of innovation that is required in order to claim, don’t know about the relief, or simply suspect that it is too good to be true!
To find out; what qualifies, how R&D tax relief is calculated and how to apply, please see: R&D Tax Credits
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.
Planning the future of your wealth is not just about tax efficiency or legal structures...
News & Views
The UK – A Truly Excellent Holding Company Location
Paul Webb,
11th February 2022
Tax
Background – What the UK Offers as a Tax Efficient Jurisdiction
The UK is one of the world’s leading financial countries given its financial services industry and its robust corporate law and governance frame works. This information concentrates on its highly competitive corporation tax system for holding companies.
One of the UK Government’s key ambitions has been to create the most competitive tax system in the G20. It has developed strategies to support, rather than hinder, growth and to boost investment.
Through the implementation of these strategies the Government is aiming to make the UK the most attractive location for corporate headquarters in Europe.
In order to achieve this the UK Government has created an environment where:
There are low corporate taxes
Most dividend income is tax exempt
Most share disposals are tax exempt
There is a very good double tax treaty network to minimise withholding taxes on dividends, interest and royalties received by a UK company
There is no withholding tax on the distribution of dividends
Withholding tax on interest can be reduced due to the UK’s double tax agreements
There is no tax on profits arising from the sale of shares in a holding company by non-resident shareholders
No capital duty is applicable on the issue of share capital
There is no minimum share capital
An election is available to exempt overseas branches from UK taxation
Informal tax clearances are available
Controlled Foreign Company Legislation only applies to narrowly targeted profits
Tax Advantages in More Detail
Corporation Tax Rate
Since 1 April 2017 the UK corporation tax rate has been 19% but will increase to 25% with effect from 10th April 2023.
The 19% rate will continue to apply to companies with profits of no more than £50,000 with marginal relief for profits up to £250,000.
Tax Exemption for Foreign Income Dividends
Small Companies
Small companies are companies with less than 50 employees that meet one or both of the financial criteria below:
Turnover less than €10 million
Balance sheet total of less than €10 million
Small companies receive a full exemption from the taxation of foreign income dividends if these are received from a territory that has a double taxation agreement with the UK which contains a non-discrimination article.
Medium and Large Companies
A full exemption from taxation of foreign dividends will apply if the dividend falls into one of several classes of exempt dividend. The most relevant classes are:
Dividends paid by a company that is controlled by the UK recipient company
Dividends paid in respect of ordinary share capital that is non-redeemable
Most portfolio dividends
Dividends derived from transactions not designed to reduce UK tax
Where these exemption classifications do not apply, foreign dividends received by a UK company will be subject to UK corporation tax. However, relief will be given for foreign taxation, including underlying taxation, where the UK company controls at least 10% of the voting power of the overseas company.
Capital Gains Tax Exemption
There is no capital gains tax on disposals of a trading company, by a member of a trading group, where the disposal is all or part of a substantial shareholding in a trading company or where the disposal is of the holding company of a trading group or sub-group.
To have a substantial shareholding a company must have owned at least 10% of the ordinary shares in the company and have held these shares for a continuous period of twelve months during the two years before disposal. The company must also have an entitlement to at least 10% of the assets on winding up.
A trading company or trading group is a company or group with activities that do not include ‘to a substantial extent’ activities other than trading activities.
Generally, if the non-trading turnover (assets, expenses and management time) of a company or a group does not exceed 20% of the total, it will be considered to be a trading company or group.
Tax Treaty Network
The UK has the largest network of double tax treaties in the world. In most situations, where a UK company owns more than 10% of the issued share capital of an overseas subsidiary, the rate of withholding tax is reduced to 5%.
Interest
Interest is generally a tax deductible expense for a UK company providing loans for commercial purposes. There are, of course, transfer pricing and thin capitalisation rules.
Whilst there is a 20% withholding tax on interest, this can be reduced or eliminated by the UK’s double tax agreements.
No Withholding Tax
The UK does not impose withholding tax on the distribution of dividends to shareholders or parent companies, regardless of where the shareholder is resident in the world.
Sale of Shares in the Holding Company
The UK does not charge capital gains tax on the sale of assets situated in the UK (other than UK residential property) held by non-residents of the UK.
Since April 2016 UK residents have paid capital gains tax on share disposals at a rate of 10% or 20%, depending on whether they are basic or higher rate taxpayers.
Capital Duty
In the UK there is no capital duty on paid up or issued share capital. Stamp duty at 0.5% is, however, payable on subsequent transfers.
No Minimum Paid up Share Capital
There is no minimum paid up share capital for normal limited companies in the UK.
In the event that a client wishes to use a public company, the minimum issued share capital is £50,000, of which 25% must be paid up. Public companies are generally only used for substantial activities.
Overseas Branches
A company may elect to exempt from UK corporation tax all of the profits of its overseas branches that are involved in active operating business. If this election is made, branch losses may not be offset against UK profits.
Controlled Foreign Company Rules
Controlled Foreign Company Rules (CFC) are intended to apply only where profits have been artificially diverted from the UK.
Subsidiaries in jurisdictions detailed on a wide list of excluded territories are generally exempt from CFC taxation if less than 10% of the income generated in that territory is exempt from or benefits from a notional interest deduction.
Profit, other than interest income, in all remaining companies is only subject to a CFC charge if a majority of the business functions relating to assets used or risks borne are performed in the UK; even then only if taxed at an effective rate less than 75% of the UK rate.
Interest income, if taxed at less than 75% of the UK rate, is subject to a CFC taxation charge, but only if it arises ultimately from capital invested from the UK or if the funds are managed from the UK.
An election can be made to exempt from CFC taxation 75% of the interest received from lending to direct or indirect non-UK subsidiaries of the UK parent.
Introduction of a New UK Tax – Directed Towards Large Multinational Companies
On April 2015 the UK introduced a new Diverted Profits Tax (DPT) which has also been called the “Google Tax.” It is aimed at countering aggressive tax avoidance by multinational companies, which historically has eroded the UK tax base.
Where applicable, DPT is charged at 25% (compared to the corporation tax rate of 20%) on all profits diverted from the UK. It is important to note that this is a new tax and is entirely separate from corporation tax or income tax and, as such, losses cannot be set against the DPT.
Conclusion
The UK continues to be regarded as a leading holding company jurisdiction. Due to the number of tax benefits that are legitimately available, its access to capital markets, its robust corporate law and governance frame works.
The recently introduced Diverted Profits Tax is directed towards a specific and limited group of large multinational organisations.
Which UK Services can Dixcart Provide?
Dixcart can provide a comprehensive range of services relating to the formation and management of UK companies. These include:
Formation of holding companies
Registered office facilities
Tax compliance services
Accountancy services
Dealing with all aspects of acquisitions and disposals
Contact
If you would like further information on this subject, please contact Paul Webb on hello@dixcartuk.com, or your usual Dixcart contact.
The data contained within this document is for general information only. No responsibility can be accepted for inaccuracies. Readers are also advised that the law and practice may change from time to time. This document is provided for information purposes only and does not constitute accounting, legal or tax advice. Professional advice should be obtained before taking or refraining from any action as a result of the contents of this document.