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A Practical Guide To Benefits In Kind

Director services Tax

It is that time of year again – when we are thinking about your P11Ds. We are pleased to provide you with this handy guide on benefits in kind.

What are benefits in kind?

Benefits in kind (BIKs) are benefits that employees or directors receive from their company which isn’t part of their salary package. Under general tax law most benefits are taxable remuneration and have to be reported to HMRC and any tax or NICs paid. 

There is a wide range of benefits in kind – from company cars to private healthcare that need reporting to HMRC.

Taxable benefits

A main list of taxable BIKs, including:

  • Company cars
  • Fuel for a company car for the employee’s personal use
  • Loans for rail season tickets
  • Interest free loans to employees/directors over £10,000
  • Home phones with personal use
  • Private Health Insurance
  • Clothing allowance that is not essential for the employee’s job role
  • Provision of Living Accommodation

Non Taxable Benefits

A few examples where circumstances may mean no tax is paid include:

  • Parties and similar functions for all staff, costing no more  than £150 ‘per head’, including VAT and associated costs such as transport.
  • Provision of one mobile phone where the employer contracts directly with the supplier. Any other contract or payment is taxable and NI’able and has specific treatment depending upon who the contract is with and how it is paid.
  • Free or subsidised meals available for all employees. Working lunches are also tax free if available to all.
  • Subscriptions for an individual who is a member of a professional body approved by HMRC.
  • Car parking
  • Approved mileage allowance payments for use of an employee’s car on business.

1st 10,000 miles                                        45p per mile

Excess mileage                                         25p per mile

Motorcycles                                             24p per mile

Bicycles                                                      20p per mile

Passengers                                                 5p per mile

  • Business travel but not ordinary commuting. These rules are complex especially for regular travel to a ‘temporary workplace’ and if this lasts more than 24 months.
  • Relocation expenses up to a value of £8,000, subject to specific rules.

Trivial Benefits

There is a statutory exemption from tax and NIC for trivial benefits costing £50 or less. This only applies if the following conditions are met:

  • The benefit cannot be cash or a cash voucher (Gift Vouchers are allowed)
  • The average cost per person does not exceed £50 for each event
  • The benefit is not provided through a salary sacrifice arrangement
  • The benefit is not provided in recognition of services performed by the employee

To avoid smaller companies taking advantage of this, any benefits provided to directors or other office holders (or their families) have the exemption capped at a total cost of £300 per tax year.

Normal employees do not have this £300 limit but the exemption does apply to family or household members so if there is a function where partners are invited then each employee’s partner can share the £50 trivial benefit for the particular event.

If any of these conditions are not satisfied, the benefit is taxed in the normal way, subject to any other exemption (such as the annual staff function exemption). Importantly, if the cost exceeds the £50 limit, the whole of the benefit is taxed, not just the excess.

The rules around benefits in kind are complex and each example needs to be looked at based on its individual circumstances to see if any tax is payable by the employee and/or your company. There are many limits and exceptions within each of the options.

We will be pleased to assist in the review of the treatment of any expenses payments, which may not be covered above.

Reporting a benefit in kind

Benefits in kind are reported on a P11d form by the employer, not the employee. 

If a company offers their employees any of the taxable benefit in kind examples listed above, they will need to be included on your P11d.

A company will also need to file a P11d(b) form, which summarises the individual P11d forms they have completed for their employees and how much National Insurance will need to be paid. A company has to pay NICs at a rate of 13.8% for the tax year 2021/2022 of the determined values of the benefits in kind.

The P11ds must be filled by 6th July 2022 for the tax year running 6th April 2021 to 5th April 2022.

P11d penalties for late filing

If you miss the deadline of 6th July your company will incur fines of £100 per every 50 employees per month, or part month, until payment is received. You will also be charged penalties and interest if you are late paying HMRC.

Important Comment

Inform each employee of the details being returned before the form is submitted to HMRC so employees can point out any mistakes.

Further Information

If you do have any further related P11d queries, please get in touch and we can give you tailored advice on what your company needs to do to ensure compliance.

If you would like more information, please contact Edita Rendall or Paul Webb at hello@dixcartuk.com or your usual Dixcart UK contact.


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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 Tax Credits: What You Need to Know

employment law 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


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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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The UK – A Truly Excellent Holding Company Location

UK as a holding company 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.


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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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Reintroduction of the Statutory Sick Pay Rebate Scheme (SSPRS)

Tax Tax

The reintroduction of the Statutory Sick Pay Rebate Scheme (SSPRS) means that employers with fewer than 250 employees will be able to claim up to two weeks’ SSP per employee for COVID-related sickness absences occurring from 21 December 2021.

Employers will be eligible for this support if they:

  • are UK-based;
  • employed fewer than 250 employees on 30 November 2021;
  • had a PAYE scheme at 30 November 2021; and
  • they have paid their employees’ COVID-related statutory sick pay (SSP).

The scheme will cover COVID-related sickness absences occurring from 21 December 2021. There are no details indicating when the scheme will end other than the government will keep the scheme under review.

If an employer made a claim for an employee under the previous scheme, they will be able to make a fresh claim for a new COVID-related absence for the same employee of up to two weeks.

As a reminder, employers must keep records of SSP that they have paid and want to claim back from HMRC. The following records supporting the claim must be kept for three years after the date the employer receives the payment:

  • the dates the employee was off sick;
  • which of those dates were qualifying days (ie, the days that the employee would normally work);
  • the reason they said they were off work due to COVID-19;
  • the employee’s national insurance number.

Claims can be made directly by the employer or we can make claims on behalf of our clients. 

If you require additional information on this topic, please contact your usual Dixcart adviser or speak to Paul Webb in the UK office: advice.uk@dixcart.com.


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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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Changing to Charging? – Company Vehicles

post-coved recovery Tax

It is well known that, under current proposals, the sale of cars fuelled wholly by diesel or petrol will be banned by 2030 but perhaps less well known is that a ban on the sale of hybrid cars is then set to follow from 2035.

For business owners and employers who provide their employees with company vehicles there are some substantial tax benefits on offer in the next few years for making the switch to pure electric.

Tax Relief on Acquisition

Businesses that want to buy a zero emissions or electric vehicle can benefit from a 100% corporation tax relief on the purchase price in the year of purchase – provided that the car is new and unused

This is a particularly attractive incentive for owner-managed companies, especially where the company director might be looking for a new electric car for themselves.

If the business leases the vehicle, then the lease payments for an electric car are 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.

Tax Cost for the Employee

Whether the car is bought or leased, the other major benefit of switching to electric – for both employee and employer – is the drastically reduced benefit in kind (the amount on which tax and employer’s NIC is payable).

The percentage for diesel and petrol cars increases the more polluting they are and can go as high as 37%. In contrast, for 2022/23, the percentage for an electric car is a very modest 2% – resulting in a much lower value for the taxable benefit in kind. This results in savings of income tax for the employee and Class 1A NIC for the employer.

Another advantage is that it is still possible for an employee to give up salary for their vehicle via salary sacrifice, without being caught by the Optional Remuneration Arrangements (OpRA) rules. These rules mean that when an employee gets a choice between an amount of salary or a benefit, they are usually taxed on the higher of the cash equivalent of the benefit or the salary forgone. But where the employee gives up some salary for an electric car then 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.

Fuel or Should that be Charging Up ?

There are also incentives for employers to provide workplace charging facilities so that employees can benefit from the convenience of charging while they are at work.

An employer paying to install electric charging equipment can claim 100% of the cost as a first-year allowance – again receiving immediate upfront tax relief – and they can also recover the VAT where the equipment is installed at their business premises.

There is no benefit in kind for the employee if they charge their company car up at the work premises – even if they then use that charge for private miles. This again compares very favourably to the position where an employee provides diesel or petrol for private use, where the benefit in kind cost for private fuel can be very expensive.

In fact, there is no benefit in kind applied to any employee who can charge up at, or near their workplace, even if the car is the employee’s own electric car rather than a company one, provided the facilities are available to all employees.

Time to Act?

At the present time, the favourable tax treatment as set out above, is set to run until March 2025.

However there is no guarantee how long these benefits will be retained so if employers want to take advantage of them, they should consider doing so sooner rather than later.

If you require additional information on this topic, please contact your usual Dixcart adviser or speak to Paul Webb in the UK office: advice.uk@dixcart.com.


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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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Making Tax Digital (MTD) for VAT – Are You Ready?

Making Tax Digital Tax

Making Tax Digital for VAT

Making Tax Digital (MTD) is a key part of the government’s plans to make it easier for individuals and businesses to get their tax right and keep on top of their affairs.

VAT-registered businesses with a taxable turnover above the VAT threshold (£85,000) are currently required to follow the MTD rules by keeping digital records and using software to submit their VAT returns. This is voluntary if you are below the VAT threshold.

However, from 1 April 2022 ALL VAT-registered businesses will be required to follow MTD rules for their first VAT return, starting on or after April 2022. This includes businesses with rental income.

What does this mean for you?

You will be required to digitally record your bookkeeping and submit VAT returns using MTD compatible software, so your VAT returns can be filed directly with HMRC via APIs (Application Program Interfaces) rather than through existing portals.

“Digital” records can include use of spreadsheets, but these will need to contain a digital link. Alternatively, you can use ‘bridging software’ to connect to HMRC systems from your current system.

If you do not currently have compatible software, you may wish to upgrade at your account’s year end, to avoid switching during an accounting year.

If you are VAT registered but not yet signed up to MTD, you will need to sign up to MTD for VAT – you will not automatically be transferred to MTD. More information can be found here: Making Tax Digital for VAT.

How can we help?

Let us help you take this opportunity to review your existing processes and embrace technology. This will provide better information recording and therefore better insight into your business, as well as freeing up more of your time to do what you do best.

We can assist you with your digital bookkeeping and VAT compliance using MTD fully compatible software such as Xero, where your VAT returns can be submitted at the press of a button.

We can also help you find a solution using simple to use bridging software, which creates a link from your current bookkeeping system to HMRC.

We can do all of this for you, or we are equally happy to help you set it up yourself – whatever works best for you. For more information, please contact Julia Wigram.


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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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What are Cryptoassets and How is Crypto Taxed?

Crypto Tax

Over the past few years, there has been an increase in customers buying goods and services using digital platforms and this has accelerated during the pandemic. This article will cover exactly what cryptoassets are and the tax treatment of crypto for both individuals and businesses.

What are Cryptoassets?

Cryptoassets, also known as ‘tokens’ or ‘cryptocurrencies’ or’crypto’, are cryptographically secured digital representations of value or contractual rights that can be:

  • Transferred
  • Stored
  • Traded electronically

There are numerous types of cryptoassets and they each work in different ways. The main 4 types of cryptoasset that you may encounter are as follows:

  • Exchange tokens – Intended to be used as a means of payment and this includes the most well know token, the bitcoin.
  • Utility tokens – This provides the holder with access to particular goods or services on a platform. This is usually where a business will issue tokens and commit to accepting the tokens as payment for particular goods or services.
  • Security tokens – This provides the holder with particular rights or interests in a business, such as ownership or entitlement to a share in future profits.
  • Stable coins – These tokens minimise volatility as they are aligned to something that is considered to have a stable value, such as precious metals.

How HMRC Treats Cryptoassets

The tax treatment of all types of tokens is dependent on the nature and use of the tokens. It is not based on the definition of the token. HMRC does not consider the cryptoasset to be currency or money.

Tax Treatment of Cryptoassets for Individuals

Income Tax Treatment

The cryptoasset activity must be recognised as a trading activity for income tax rules to apply. To determine if a trading activity has taken place, HMRC will apply a series of tests known as ‘The Badges of Trade’. Any profits from this activity will be subject to income tax at an individual’s marginal rates (20%, 40% and 45%). There will also be Class 2 and 4 National Insurance due at the current rates applicable.

Capital Gains Tax Treatment

Where the transactions in cryptoassets are regarded as a personal investment, then they should be treated as a chargeable asset for Capital Gains Tax (‘CGT’) purposes. Any gain realised on a cryptoasset bought and subsequently sold, is subject to CGT at the current rate of 10% for a basic rate taxpayer and 20% for a higher rate taxpayer. Losses realised in the same way, can only be relieved against capital gains chargeable to CGT.

Non-Domiciled Individuals

The nature of cryptoassets is that they are decentralised, digital in nature, and do not have a physical location. Thus, determining the location or ‘situs’ of an asset is important for UK resident, non-domiciled individuals as it can change the tax consequences.

HMRC guidance has stated that the location of a cryptoasset is wherever the beneficial owner is resident. If the cryptoasset owner is resident in the UK, then the cryptoasset may also be located in the UK.

There is a need to watch out for the circumstances in which a UK resident, non-UK domiciled individual purchases cryptoassets using their untaxed foreign income or gains. They may have remitted those funds into the UK and triggered a tax liability on acquisition. If the individual then disposes of the cryptoasset and makes a gain, then the gain may also be taxable in the UK, without the benefit of the remittance basis of taxation.

Tax Treatment of Cryptoassets for Companies

Numerous transactions in cryptoassets by a company will invariably be regarded as trading for tax purposes. These profits will be subject to corporation tax at the current rate applicable (currently 19% for 2021 financial year). Any losses arising from cryptoassets are dealt with in the same manner as a trading loss.

However, if a business is not trading in cryptoassets, any profits will be treated as a chargeable gain for companies. The calculation of the gain would follow the pooling rules which also apply to shares and securities.

How We Can Help Crypto Investors

We are aware that HMRC are showing an increasing interest in Cryptoassets and their latest ‘nudge letter’ campaign will reportedly target UK taxpayers who may have failed to properly pay tax on their cryptoassets. 

HMRC are now armed with data gathered from cryptoasset exchanges and other sources, meaning that investigations into the UK tax affairs of crypto investors are likely to be imminent. 

Any taxpayers who receive a nudge letter, or who may be generally concerned about their tax position in respect of cryptoassets, should contact us as soon as possible to discuss the position. Please get in touch with Karen Dyerson, for more information.


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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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Enterprise Management Incentives (“EMI”)

Accountancy Accountancy

EMI options are an effective way of retaining and incentivising key employees and are particularly helpful for growing companies.

The Enterprise Management Incentive (EMI) is a share option scheme with generous tax advantages, designed for smaller companies.  Selected employees can be granted options to acquire shares, based on conditions chosen by the company, such as time or performance based measures, or a sale or exit of the company.

EMI options are an effective way of motivating and retaining key employees, particularly at the early stage of company growth where valuation is likely to be low or where there are not sufficient profits to incentivise employees through bonuses. Options must be granted for commercial reasons and not as part of a tax avoidance scheme.

Tax Advantages of EMI Share Schemes

There is no tax charge when granting of the option and, providing the option was not granted at less than market value, there should be no tax charge on exercise. Valuations can be agreed in advance with HMRC: this differs from other share schemes and, as such, is a particular benefit of EMI.  Advance assurance can be obtained that HMRC consider the company to qualify for the scheme.  This is illustrated in the graphic below:

EMI v’s Unapproved Options

Any increase in valuation from when the option is granted to when it is exercised is not subject to income tax. There will be a Capital Gains Tax (CGT) charge on sale of the shares if proceeds exceed the exercise price.

There are no minimum shareholding requirements for shares held under EMI to qualify for Business Asset Disposal Relief to reduce the rate of CGT applied on sale to 10%. The normal 12 month minimum holding period requirement for Entrepreneurs’ Relief is specified to include the period the option is held; e.g. if the option is held for two years, the 24 month holding period is met.

Disqualifying Events

Where circumstances change so that the company or the employee are no longer eligible for EMI, this is known as a disqualifying event.  Where options are not exercised within 90 days of a disqualifying event, tax benefits are lost. 

Disqualifying events may include the company coming under control of another company following a takeover, trading activities changing, or the employee reducing his/her working hours to below the minimum requirement. 

Criteria

  • The company must have fewer than 250 employees and gross assets of less than £30million. 
  • It must be independent and not a subsidiary of another company, or controlled by another company.
  • It must have only ‘qualifying subsidiaries’.
  • There are some ‘excluded trades’.
  • There must be a permanent establishment in the UK.
  • The company must exist for the purposes of carrying on a qualifying trade or preparing to do so.
  • The employee must work for the company for at least 25 hours per week, or 75% of their working time.
  • Anyone who controls more than 30% of the ordinary share capital cannot benefit from EMI.
  • An individual cannot be granted share options with a value of more than £250,000 in a three year period.
  • The limit on the total value of options granted under EMI is £3million.

Reporting Requirements

An option must be reported electronically to HMRC within 92 days of grant. An annual return must also be sent electronically to HMRC.

Next Steps

As a combined accounting and legal firm, Dixcart UK can assist with the entire process of establishing an EMI scheme, from share valuations to the design of the scheme and drafting of the options agreements. For further information please contact your usual Dixcart adviser or a member of our tax team, using the contact details below:

Paul Webb – Director

Karen Dyerson – Tax Manager


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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 Remittance Basis of Taxation – Don’t Get It Wrong!

Accountancy Tax

Background

UK tax resident, non-domiciled, individuals who are claiming the remittance basis of taxation, do not pay UK tax on foreign income and gains, as long as these are not remitted to the UK.

It is, however, crucial to ensure that this tax benefit is properly planned for and claimed. For more information regarding formally claiming the remittance basis, please see article UK Remittance Basis – It Needs to be Formally Claimed.

Failure to plan properly, before arriving in the UK and becoming UK tax resident, could mean that the benefits available are lost and an unwelcome letter from HM Revenue & Customs (HMRC) might be received.

Case Study

To clearly highlight the risks of not taking the right advice, at the right time, please see a case study below regarding an individual moving to the UK.

  • 1 March 2021 (Day 1)

Mr and Mrs Non-dom decide to leave their current home in Australia and move to the UK during the summer of 2021, so that their two minor children can start school early in September 2021. 

They speak to their Australian tax adviser and make sure that they carry out local tax planning in preparation for leaving Australia.  They have been told by a friend, who had already moved the previous year, that “as they are not originally from the UK, they will be taxed on the ‘remittance basis’, and therefore their non-UK source income will not be taxed in the UK”.

They are pleased as they believe this means:

Assumed: NONE of the following would be taxed in the UK:
income from the rental property they have in Australia; and
dividends (from their large share portfolio) held in a Hong Kong bank; and
interest on the equivalent of £2million cash savings, currently sitting on long term deposit (until the summer of 2022), at the same Hong Kong bank as above.

At this point, they do not seek any UK tax advice. 

What a shame! 

  • 10 August 2021 (Day 2)

Having arranged the correct visas, they move to the UK ready for the new school term. 

They had £50,000 of cash in an Australian current account, that they now remit to their new UK bank account.  They use this for rent and living expenses.

  • 10 August 2022

Having lived in the UK for a year, and with the children now well settled in school, they decide that they will be staying in the UK until such time as both children have completed their education.  They therefore decide to purchase a house.

Since Day 2, they have continued to receive rental income from their Australian rental property, as well as from the family home that they left behind. This income has been paid into an Australian bank account.

The dividend income has carried on being received into the Hong Kong bank account. The long-term deposit of £2million, plus accrued interest, has expired and this income is now earning very little interest in the Hong Kong current account.  They therefore decide to put these monies back on deposit for a further three years.

  • They need £1million to buy the new home in the UK, along with a further £250,000 for stamp duty, renovation costs and school fees.

They therefore sell the rental property in Australia.  The sale proceeds of £1.1million (which includes £100,000 capital gain), are placed in the same Australian bank account as the rental income.  Their dividend income, held in the Hong Kong bank account total £150,000.  They decide to remit the money in both of these accounts to the UK, in order to purchase the property.

  • 10 April 2023

Mr and Mrs Non-dom awake one morning to find a brown envelope, sitting ominously on their doorstep, from the UK tax authority, HMRC.

That afternoon, they visit a local chartered accountant who has the rather difficult task of informing the couple that they owe £28,000 of UK capital gains tax and more than £300,000 in income tax.  This could partially be reduced by double tax relief, but there would still be a substantial unnecessary tax liability. On top of this, they were late filing their UK tax returns for the tax year 2021/2022 and have therefore also incurred fines and penalties.

Turn Back Time: The Potential Positive Effects of Good Planning

The above unfortunate chain of events started on Day 1, in March 2021.

The outcome could have been so different and could have resulted in a UK tax liability of ZERO.

When Mr and Mrs Non-dom heard about the ‘remittance basis’ from a friend and looked up some articles online, they should have taken advice from a UK adviser, as well as taking advice from their Australian tax advisor.

The UK tax advisor would have told them:

they would become tax resident in the UK from 6 April 2021 (having moved to the UK on 10 August 2021), and would therefore have been liable to file a tax return by 31 January 2023 and pay any taxes due; and
on Day 1, they should have instructed their Australian bank to pay new rental income into a new bank account (with the same bank); and
on Day 1, they should have instructed the Hong Kong bank to keep dividend income and interest from that cash deposit, in new separate accounts; and
when they sold the Australian rental property, they should not have remitted this income to the UK.

Instead, they should have remitted £1,250,000 of the £2million, from their original cash savings, to purchase their new home in the UK and to cover the stamp duty, renovation costs and school fees. 

  • Had they taken the final step detailed above, they would have retained the same value of investments in Australia and Hong Kong as if they had not taken the UK advice. 
  • However, they would have remitted capital that they had PRIOR to becoming UK tax resident, which would NOT therefore have been taxable.

The steps recommended above, are not complicated, and many international banks are capable of implementing this account segregation for their UK resident clients.

Summary and Additional Information

The remittance basis of taxation, which is available for non-UK domiciled individuals, can be a very attractive and tax efficient position, but it is crucial that it is properly planned for and formally claimed.  Mr and Mrs Non-dom did not take appropriate UK advice and paid the price.

If you require additional information on this topic, further guidance regarding your possible entitlement to use the UK remittance basis of taxation, and how to properly claim it, please contact your usual Dixcart adviser or speak to Paul Webb or Peter Robertson in the UK office: advice.uk@dixcart.com.

Dixcart UK, is a combined accounting, legal, tax and immigration firm.  We are well placed to provide these services to international groups and families with members in the UK. The combined expertise that we provide, from one building, means that we work efficiently and coordinate a variety of professional advisers, which is key for families and businesses with cross-border activities.

By working as one professional team, the information we obtain from providing one service, can be shared appropriately with other members of the team, so that you do not need to have the same conversation twice!  We are ideally placed to assist in situations as detailed in the case study above. We can provide cost effective individual and company administration services and also offer in-house expertise to aid with more complex legal and tax matters.


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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 Remittance Basis – It Needs to be Formally Claimed

Tax

Background

UK tax resident, non-domiciled, individuals who are taxed on the remittance basis, are not required to pay UK income tax and/or UK capital gains tax on foreign income and gains, as long as these are not remitted to the UK.

It is, however, crucial to ensure that this tax benefit is properly claimed.  Failure to do so  means that any planning undertaken by the individual might be ineffective and he/she might still be taxed in the UK, on a worldwide ‘arising’ basis.

For more information on domicile, residence and the effective use of the remittance basis please see Information Note 253.

Claiming the Remittance Basis

Taxation under the remittance basis in most cases is not automatic.

An eligible individual must elect this basis of taxation on his/her UK self assessment tax return.

If this election does not take place, the individual will be taxed on the ‘arising’ basis.

How to Claim the Remittance Basis on a UK Self Assessment Tax Return

The taxpayer must claim the remittance basis in the appropriate section of his UK self assessment tax return.

Exceptions: When You Do Not Need To Claim

In the following two limited circumstances, individuals are automatically taxed on the remittance basis without making a claim (but can ‘opt out’ of this basis of taxation if they wish to do so):

  • Total unremitted foreign income and gains for the tax year is less than £2,000; OR
  • For the relevant tax year:
  • they have no UK income or gains other than up to £100 of taxed investment income; AND
  • they remit no income or gains to the UK; AND
  • either they are under the age of 18 OR have been UK resident in no more than six of the last nine tax years.

What Does this Mean?

Mr Non-Dom moved to the UK on 6 April 2021.  Prior to moving to the UK he researched “uk resident non-doms” online and read that he should be able to live in the UK on the remittance basis of taxation.

He therefore realised that if monies from the £1,000,000 bank account that he already held outside  the UK were remitted to the UK, these monies would be tax free.  He also realised that £10,000 of interest and £20,000 of rental income that he had received from an investment property outside of the UK would also benefit from the remittance basis and not be taxed in the UK.

He did not feel he had a UK tax liability and therefore did not correspond at all with Her Majesty’s Revenue &  Customs.

He did not formally claim the remittance basis and therefore the full £30,000 of non-UK income (interest and rental) was taxable, in the UK.  Had he properly claimed the remittance basis, none of it would have been taxable. The tax cost was significantly higher than the cost of filing a tax return.

Summary and Additional Information

The remittance basis of taxation, which is available for non-UK domiciled individuals, can be a very attractive and tax efficient position, but it is crucial that it is properly planned for and formally claimed.

If you require additional information on this topic, further guidance regarding your possible entitlement to use the remittance basis of taxation, and how to properly claim it, please contact your usual Dixcart adviser or speak to Paul Webb or Peter Robertson in the UK office: advice.uk@dixcart.com.


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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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National Insurance Increase to Pay for Health and Social Care

Start up Tax

Prime Minister Boris Johnson announced on 7th September 2021 a new UK wide ‘health and social care levy’ to address the funding crisis in this sector.

The new tax will begin as a 1.25% rise in National Insurance from April 2022:

  • The current 12% rate on earnings between £9,564 and £50,268 will rise to 13.25%.
  • The current 2% rate on earnings over £50,268 will rise to 3.25%.
  • Workers above state-pension age will also contribute to the new levy.
  • Employers will also need to contribute an additional 1.25% (employer national insurance is currently 13.8%).
  • Anyone earning just under £10,000 will still be exempt.
  • From 2023 this will become a separate tax on earned income and the National Insurance increase will appear on payslips as a “Health & Social Care levy”.
  • From April 2022 a typical basic rate taxpayer earning £24,100 will contribute £180 which equates to £3.46 per week.

From April 2022 a typical higher rate taxpayer earning £67,100 will contribute £720 which equates to £13.85 per week.

Tax Increase on Dividend Tax Rates

From April 2022 there will also be an increase in tax of 1.25% on income received from share dividends, which will include company directors in receipt of dividend income from a company shareholding.

A basic rate tax payer is currently paying tax at a rate of 7.5% on dividend income and from April 2022 this will increase to 8.75%. A higher rate tax payer is currently paying tax at a rate of 32.5% and from April 2022 this will increase to 33.75%. An additional rate tax payer is currently paying tax at a rate of 38.1% and from April 2022 this will increase to 39.35%.


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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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Important Considerations – Formerly Domiciled Residents

Residential property in England Immigration

Formerly Domiciled Residents and Liability to UK Tax

When individuals are thinking of returning to live in the UK, there are a number of important matters they should consider before they move back to the UK. This article focuses on Formerly Domiciled Residents (FDRs), who are non-UK domiciled under general law, but are deemed to be domiciled in the UK for taxation purposes.

Anyone born in the UK with a UK domicile of origin will always be an FDR if they resume residence in the UK, irrespective of how many years they have lived abroad or whether they have any connections to the UK.

These individuals will pay UK tax on their worldwide income and capital gains, on the same basis as taxpayers who are UK domiciled under general law. Any potential tax advantages which might have been obtained by these individuals, by reason of their UK non-domiciled status, are therefore removed.

Do you meet the Criteria for Formerly Domiciled Residents?

Formerly domiciled residents (FDR), are non-UK domiciled individuals who:

  1. Were born in the UK; and/or
  2. Have a UK domicile of origin; and
  3. Are UK resident for the tax year.

Deemed UK domicile is triggered on 6 April in a tax year of UK residence, even if this year is a ‘split’ year under the statutory residence test (SRT).

An individual normally acquires a domicile of origin from their father at birth, or from their mother, if the parents were not married. This is not necessarily the country in which that individual was born.

If an individual does not meet any of the automatic overseas tests but does meet one of the automatic UK tests, or the sufficient ties test, they will be considered a UK resident.

UK Inheritance Tax and Trusts

Assuming an individual meets the above FDR criteria and was resident in the UK in at least one of the two previous tax years, prior to the year in which any Inheritance Tax (IHT) charge arises, property settled into a trust, when they were not domiciled in the UK, cannot be excluded for the purposes of IHT. 

This could have severe consequences with the Trust falling into the ‘Ten Yearly and Exit Charge Regime’. If the Settlor (or his spouse or civil partner) has retained a benefit, the ‘Gift with Reservation of Benefit’ provisions will apply, and a charge to tax on the death of the Settlor will be imposed. Please speak to Dixcart UK, if you would like more details regarding either potential consequence.

It is also important to seek professional advice to understand how specific individuals and clients might be affected and any action that might need to be taken before individuals become UK resident.

Summary

An individual’s domicile status is a fundamental factor in determining his/her liability to UK tax. It also has implications for other branches of the law.

UK Non-domiciled Individuals and Planning

Careful planning and consideration must be taken in order to take advantage of potential tax exemptions, reliefs and protection from inheritance tax which can be obtained by UK non-domiciled individuals.

Due to HMRC’s increased investigations into the tax affairs of UK non-domiciled individuals, a robust defence should be prepared, in the event of any challenge from HMRC. Professionals at Dixcart UK can help you prepare a ‘domicile review’, to provide evidence of your intentions, supported by the facts. This can be particularly useful in situations where enquiries are opened by HMRC after death.

Contact Details

If you require additional information on this topic and further guidance regarding your domicile status, please contact your usual Dixcart adviser or speak to Paul Webb or Peter Robertson or email: hello@dixcartuk.com.


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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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Establishing a Company in the UK and Using Share Schemes to Recruit and Retain Key Employees

Tax Tax

Background

Once it has been decided that the UK is the correct location to establish a business, the next key decision is how this should be structured. One of the most popular structures is a limited company.

Recruiting high quality staff is also a priority and the availability and tax efficient nature of UK share option schemes can help achieve this objective.

Situations Where a Limited Company is Most Appropriate

Limited companies can offer a number of advantages.

They can be of particular benefit where:

  • The business is being set-up with other people;
  • There is a wish to incentivise staff though share schemes;
  • The company will be receiving external funding;
  • The company will be claiming Research and Development tax relief (R&D).

Forming a Company in England & Wales

The company formation process is relatively quick and easy.

All you need to start a company is an address within England & Wales for the registered office, at least one shareholder and at least one director (these two may be the same person). There is no minimum initial cash investment and the company can be formed in a matter of hours.

Why Use a Limited Company?

The main benefit of a limited company is the limited liability of the company’s officers and shareholders. This means that unlike the situation of a ‘sole trader’ or ‘partnership’ personal assets are not at risk in the event of a failure of the business.

Other considerations are:

  • The company has a legal existence separate from its management and its members (the shareholders).
  • The company’s name is protected.
  • The company continues despite the death, resignation or bankruptcy of the management and/or members.
  • The interests and obligations of management are defined.
  • Appointment, retirement or removal of directors is straightforward.
  • It is an easy process to gain new shareholders and investors.
  • Employees can acquire shares.
  • Companies are often perceived as more robust and more business-like than sole traders.
  • Companies can provide tax advantages such as lower tax rates, R&D incentives, extraction of profits via dividends, etc.

Recruiting and/or Incentivising Employees Using Share Schemes

Finding the right calibre of staff is vital to the success of a business, wherever it is located.

Employers in the UK often use share schemes to recruit important members of staff and as a way of incentivising employees to work hard and remain with the business for the medium to long term.

There are a number of ways to do this, as detailed below. The most popular is the Enterprise Management Incentive (EMI) share option scheme as it is particularly tax efficient:

Enterprise Management Incentive (EMI)

Eligible companies frequently use an EMI share scheme, because the tax advantages are attractive. The EMI share option scheme is Government approved, tax beneficial and a very flexible way of incentivising staff.

Under the EMI scheme, options are issued over an agreed number of shares. No tax is paid when the option is granted. When the option is exercised, which means converted into shares, there is no tax to pay provided that the agreed exercise price is no lower than the market value of the shares on the day that the option was granted.

When the shares are sold, the capital gain is usually taxed at 10% in situations where ‘Business Asset Disposal Relief’ (previously known as Entrepreneurs Relief) is available.

Growth Share Scheme

Where companies cannot use EMI, a growth share scheme is often used instead. This type of scheme is not appropriate for a start-up, it is only relevant to an established company.

Under this share scheme, on the sale of a company employees benefit only from the growth in the value of the shares, not the historic value built up until the date of the share issue. This is achieved by valuing the company and then issuing shares of a different class, which only benefit from value generated above an agreed threshold.

For example, if the company is worth £10m, a growth share scheme may allow holders to share in the proceeds, only if they exceed £12m. The value of the growth share, on issue, would be low because it would not have the ‘right’ to any of the value built up previously. Income tax charged on acquisition of the shares would consequently be low.

Phantom Share Scheme

A phantom share scheme is essentially a cash bonus scheme.

This arrangement allows an individual to receive a cash payment equal to the value of shares, or the increase in value of shares, above a notional exercise price. No actual shares or share options are issued. The idea is that individuals are incentivised because the level of any payment is linked to an increase in the value of the company’s shares.

Additional Information

If you would like additional information regarding setting up a company in the UK and using a share scheme to recruit or incentivise staff, please speak to Paul Webb or Sarah Gardner at the Dixcart office in the UK: advice.uk@dixcart.com

The Dixcart office in the UK has extensive expertise in forming UK companies, establishing the most appropriate corporate structure and meeting all relevant compliance obligations. Dixcart UK is also experienced in building EMI schemes to meet specific needs and liaising with the UK tax authorities (HMRC), to gain advance approval and for the drafting of relevant share option agreements.


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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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Disposals of UK Residential Property – A Reminder of the New Reporting Regime

reporting regime Tax

We are seeing an increasing number of cases where individuals are unaware of the new reporting regime for capital gains on property disposals as it seems that estate agents and solicitors are failing to alert them to the new requirement.

What has changed?

The change came in on 6 April 2020 and means that where the disposal of a residential property results in a gain, this must be reported to HMRC within 30 days following the date of completion and the tax due must be paid over by the same date.

This is purely a timing difference, as the gain would otherwise have been reported on an annual tax return and the tax paid over to HMRC by 31 January following the tax year in which the disposal occurred. The law has not changed any of the rules in relation to which gains are taxable or the rate of tax that is payable. The only difference is that the deadline has been brought closer.

However, if the deadline for filing the capital gains tax UK property disposals return is missed, an automatic £100 penalty will be charged. Further penalties of £10 per day are applied if the return is still outstanding after three months.

What disposals are caught?

The new reporting regime catches any disposals of UK residential properties that result in a gain. Therefore, disposals of overseas residential properties are not caught (although there may be requirements in the overseas jurisdiction) and neither are UK residential property disposals that result in a loss. Instead, these disposals are to be reported on an annual tax return as normal.

This also means that if the gain is fully covered by a capital gains tax relief, it is not caught. An example of this might be a disposal of an individual’s main home, which is fully covered by principal private residence relief.

However, it would apply to the disposal of a UK second home or a UK-let property, whether or not an individual lived in that property at some point.

It is important to understand that the rules do not just apply to sales of property, they apply equally if someone were to gift a property (e.g. to an adult child) even though no money may have been received in exchange.

What should you do?

If you have disposed of a property which is caught by these rules and have not submitted the necessary filings to HMRC, please contact us immediately so we can help resolve this matter for you.

If you are in the process of disposing of a property or considering this, then as the deadline is tight, please do let us know so that we can ensure that all of the information can be gathered in time to ensure that any reporting requirements are met.


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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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Advice on the Capital Allowances Superdeduction

Tax

Please see a PDF regarding the new capital allowances which were announced at the Budget.


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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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2020/21 Year-End Strategy Guide

Tax

Click here for your 2020/21 Year-End Strategy Guide which contains practical guidance and ideas to implement before 5 April 2021.

With the end of the tax year fast approaching, now is a good time to review your business and personal finances to ensure that they are as tax-efficient as possible. With our useful tips and expert assistance in our 2020/21 Year-End Strategy Guide, we can help you and your business to increase your profitability and minimise the tax burden.

Inside this giude:

  • Reduced rates of stamp duty
  • Tax planning – a family affair
  • Tax cashflow: your next steps
  • Funding a comfortable retirement
  • preserving profit
  • reducing your inheritance tax liabilities
  • Year-End checklist

Dixcart UK are here to keep you up to date with all of the latest news and to help you with your business planning. We aim to ensure that all of our clients are making the most of the tax-saving opportunities available to them, helping to make their business and personal finances as tax-efficient as possible. 

If you require more copies of the guide to pass on to others, we will be delighted to send them to you.

For further advice or information on any of the issues covered in the guide, please get in touch: hello@dixcartuk.com. Alternatively you can call us: 0333 122 0000. We would be delighted to talk to you.


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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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