Many of those affected are likely to be the self-employed, higher earners with savings and landlords and pensioners make up the rest. Many may not even owe any tax, but have simply failed to file a return to prove their earnings. Their tax returns were originally due on January 31 this year, covering their finances for the 2010-2011 tax years. But after missing the original deadline, and picking up an initial £100 fine, they must now pay a flat £10 a day on top for every further delay of 24 hours.

If they have not filed by the end of July, that bill will stand at £900 – when they will then face yet another penalty, this time for £300.  The tougher rules will even affect those who do not owe a penny to the taxman.

Guy Bridger, director of Taxfile, also working with Tax Simplification project for HMRC,   said: ‘The real problem is that the penalties will come as an enormous financial shock. ‘A lot of people who kept their tax affairs away from the government for a long time will be dismayed at facing these huge fines.’

Generally, a ‘reasonable excuse’ is when some unforeseeable or unusual event beyond your control has prevented you from filing your return on time. For example: a failure in the HMRC computer system, your computer breaks down just before or during the preparation of your online return,a serious illness, or the onset of a disability or a serious mental health condition has made you incapable of filing your tax return etc.  About one million people fail to beat the January deadline every year, despite letters sent as a reminder. This January, HMRC fined 850,000 people for late filing of their tax returns, netting £85million in one fell swoop.

Majority have yet to put their affairs in order. There are also additional new penalties for paying late of five per cent of the tax unpaid at: 30 days; six months; and 12 months.  Anyone who hasn’t yet sent in their 2010/11 return needs to do so urgently – please call our friendly tax team at 0208 761 8000 for any help regarding this.

Taxfile are proud to announce that they are finalists in 2 categories in the 2012 Lambeth Business Awards

• Best Small Business (which they won last year) and …
• the Award For Innovation

It would be thrilling to win Best Small Business for a second year running! To have been nominated and actually make it through to being a finalist for the Award for Innovation is also a real honour.

This adds to Taxfile’s already impressive list of awards. Last year they won the ‘Best Small Business’ category (’2011 Lambeth Business Awards’) and were also nominated as ‘Best Small Business’ in the wider ‘South London Business Awards’.

The Lambeth Business Awards have been developed to reward and celebrate Lambeth’s vibrant and dynamic business community. The Awards are a major annual event and the winners will be announced at a dinner held at the Kia Oval, Kennington on 22nd March 2012.

Although the 31 January deadline was unchanged, HMRC announced that no penalties would be issued for online returns received by midnight on 2 February, due to industrial action at HMRC contact centres. This year’s record numbers show an increase from last year, when around 6.9 million people had filed online by 31 January. The proportion filing online last year was 78 per cent.

James Cross, General Manager of Taxfile, a South London based Tax Accountant said ‘’our extended opening times and constant reminders to clients about the deadline and penalties resulted in a record number of tax returns filed by us in our 16 years of business!’’

With changes to SA penalties this year, everyone who did not file on time will receive a £100 penalty, which increases through the year.

With the Government keen to raise revenues in order to relieve financial pressures, the focus on tax collection has increased. The total number of returns submitted on time for both online and paper was 9.4 million – breaking 9 million for the first time. The filing deadline has now passed and anyone who hasn’t yet filed their 2010/11 tax return must send it to HMRC as soon as possible, as well as pay any outstanding tax due for the 2010/11 tax year.

If anyone hasn’t filed the return yet please watch for the following dates for the new penalties.

• an initial £100 fixed penalty, which will now apply even if there is no tax to pay, or if the tax due is paid on time;
• after 3 months, additional daily penalties of £10 per day, up to a maximum of £900;
• after 6 months, a further penalty of five per cent of the tax due or £300, whichever is greater; and
• after 12 months, another five per cent or £300 charge, whichever is greater. In serious cases, the penalty after 12 months can be up to 100 per cent of the tax due.
• Meaning a maximum penalty of £1,600 could be due.

There are also additional new penalties for paying late of five per cent of the tax unpaid at: 30 days; six months; and 12 months. But James insists there are some positives to doing tax returns as well apart from avoiding penalties. He says: “Working out your tax position each year is a good barometer for the health of your business finances’’.

“We can help by asking the right questions to safeguard our client’s finances and taking the necessary care in the tax handling process.”

**James Cross is the new General Manger of Taxfile (Lambeth’s Best Small Business Award winner 2011) in Thurlow Park Road, Tulse Hill. To find out more please visit www.taxfile.co.uk

(Information courtesy of Lynsey).

Under the plan, tutors and coaches have until 31 March 2012 to come forward and tell HMRC about their outstanding tax for the years up to 5 April 2010, and pay what they owe. The plan makes it easy for customers to put their tax affairs in order and keep them on the right track in the future.

Those who come forward by the deadline are likely to receive the best possible terms for paying the tax owed. If they have to pay a penalty, it is unlikely to be more than 20 per cent of the unpaid tax. Conversely, those who wait for HMRC to come to them will find that they have to pay much higher penalties, or even face criminal prosecution. After 31 March, using information pulled together from different sources, HMRC will investigate those who have chosen not to come forward.

The Head of HMRC’s campaign explains it as follows; “We are using various intelligence sources to identify and then target those who do not take advantage of this opportunity to declare their full income. The message is clear: contact us before we contact you.”

The Tax Catch up Plan has two stages:

• From 10 October 2011 to 6 January 2012, tutors/coaches/instructors must register with HMRC to “notify” them that they plan to make a voluntary tax disclosure.
• By 31 March 2012 those who have registered to notify must tell HMRC what they owe and pay the tax, interest and penalties due.

Still confused about all these changes in the tax system? Taxfile’s tax accountants in South London are here to help for any doubts you might have. Visit their website or call them on 020 8761 8000 and find all the answers to your questions, and hands-on help if you need it.

If HMRC receive your tax return after 31 January you will be liable for a late filing penalty of £100.
But even if if you miss the deadline for your tax return, you will not have to pay the penalty if you pay all of the tax you owe by 31 January.
In some rare cases, you might still be allowed to send your return on paper after the October deadline when no software is available. This is the case for the following types of returns:

• SA700 – Non-resident Company Tax Return
• SA970 – Trustees of Registered Pension Schemes

According to HMRC, “Tax returns that are in an HMRC office letter box when it’s first opened on Tuesday 2 February or delivered to an HMRC office by hand on Monday 1 February will be treated as being received on the 1 February. You won’t have to pay a late filing penalty, but HMRC will have longer to start a check into the tax return – until 30 April 2011 rather than 31 January 2011″.

So if you have not managed to deal with your tax affairs so far, Taxfile’s tax accountants can still submit your tax return on your behalf at reasonable rates.

Hurry up and beat the deadline!

According to the Pre-Budget Report 2009, the tax rates and thresholds for the year ended on 5th April 2011 will remain the same as the ones for the current tax year. The same principle will apply to National Insurance Contributions rates and thresholds in 2010/2011.

But “for the tax year 2011/12, in addition to the 0.5% increases to rates already announced at PBR 2008, the Chancellor has announced that there will be a further 0.5% increase to those rates, making a 1% increase in total from 6 April 2011. The primary threshold and lower profits limit will be increased by £570 to compensate the lowest earners.”(HM Revenue and Customs).

The Child element when calculating the CTC entitlement will increase from the current £2235 p.a. to £2300 p.a while the disabled elements will increase by 1.5%.

Also, all elements of the WTC (except the childcare element) will increase by 1.5% in 2010/2011.

The income threshold for those claiming CTC rises from 2010/2011 to £16,190.

The inheritance tax threshold will be frozen at the current level of £325,000 from the tax year 2010/2011.

For any other details to do with the Pre-Budget Report 2009 please visit HMRC.

With a VCT the risk of the investment is spread over a number of companies.

VCTs must be approved by HMRC and must meet a certain qualifying conditions.

If you have subscribed for shares in Venture Capital Trusts and you are 18 or over when the shares were issued you are entitled to a few tax reliefs.

According to HMRC, these are the tax reliefs for investing in VCTs:

Income tax relief:

One of the income tax reliefs of VCTs is that you are exempted from income tax on dividends from ordinary shares. This is called dividend relief;

Another very important tax relief when investing in a VCT is called income tax relief .

The amount of the tax relief will be the smaller of the amount subscribed up to a maximum of £200,000 at 30% or the amount that reduces the tax bill to zero for the year.

The rate of 30% applies in the tax year 2006/07 and onwards and for subscriptions for shares issued in previous tax years the rate is 40%.

Capital gains tax (CGT) relief :

One of the CGT reliefs when investing in VCT schemes is called disposal relief as you may not have to pay CGT on any gain you make when you dispose of your shares. In order to qualify for the reliefs certain conditions need to be met. You can find more about them on HMRC website.

As there are no guarantees that VCT investments will be successful, Taxfile‘s tax agents recommend that you seek professional advice from financial advisers beforehand.

Very important to remember is that the tax return has to reach HM Revenue & Customs by Saturday 31st October.

If you send your return on paper the HMRC will calculate the tax liability to be paid or owed.

If the paper return arrives after this deadline you will be charged a £100 penalty.

According to HMRC, if you miss the deadline because of the postal strike you would not be liable for paying the £100 penalty as long as you post the return before the 31st October.

If you hand deliver your return on the 2nd of November, no penalty would be due either.

In case you miss the deadline you can always send your return online.

At Taxfile in Tulse Hill we submit all the returns online as it is safer and more secure, tax returns are processed faster, and there are later deadlines to meet.

As from 01/10/09 new rates came in place:

•£5.80 – as the main rate for workers aged 22 and over;
•£4.83 – the 18-21 rate;
•£3.57 – the 16-17 rate for workers above school leaving age but under 18.

A very important change from 01/10/09 is that fact that employers running bars and restaurants can no longer be allowed to use tips to top up pay up to the minimum wage.

Workers will now be paid at least the National Minimum Wage and be paid their tips on top of this.

If your employer is paying you less than the Minimum Wage entitlement you must report this by filing an online complaint form.

If you have any queries regarding Minimum Wage or any other tax related question, please feel free to ring us on 020 8761 8000 or come to see us in our office in Tulse Hill on the South Circular.

Very important to remember is that you can only claim interest against a loan up to the value of the rented property when first let. The capital account cannot be overdrawn.

There is a possibility to re-mortgage for a greater amount and claim this when the additional amount is used for the purpose of an investment property or wholly and exclusively for the business property.

You can claim interest on your mortgage even when your property is empty.You do not have to split the interest on the mortgage if you are genuinely trying to let the property but it is empty because it has not been able to find a tenant. In this case the interest will meet the ‘wholly and exclusively’ test. It will not meet this test if you have not been trying to let the property or you have been using it for private or non-business purposes .

We at Taxfile hope to have captured your interest in landlord tax and if you need to know more about it, feel free to pop in at our Tulse Hill office and speak to one of our tax agents.

Historically barristers computed their professional profits for tax purposes on a “cash basis.”

Fees were brought into account only when received, and expenses only when paid.

From fiscal year 1999/00, it is required that all professionals including most barristers to compute their profits on a “true and fair view.”

Barristers in their first seven years of practice are still allowed to use the cash basis.

In computing their profits for tax purposes, barristers can deduct certain expenses like:

• Travelling costs from Chambers to court;

• Off street parking;

• Library and periodical subscriptions;

• Postage, printing, photocopying and stationary;

• Professional and accountancy fees;

• Devilling fees

• Chambers’ rent;

• Legal literature;

• Professional Indemnity Insurance premiums;

• Subscriptions (Circuit, Bar Council, Bar Associations)

• Bank charges;

• Use of home as an office;

• Robing room fees;

• Law report subscriptions;

• Staff costs;

• Silk application fees;

• Clothing and cleaning.

According to HMRC, “You should allow a deduction in computing profits for the cost of replacing gowns and wigs and frock coats worn by Queen’s Counsel. You should not, however, allow a deduction for expenditure on `normal clothes’, for example, black coats and pin- stripe trousers worn by male barristers or black dresses and suits worn by female barristers (this follows the decision in Mallalieu v Drummond”

Taxfile‘s tax agents will ensure you keep the necessary records of your income and expenditure and you make the right adjustments with regards the to private use of your expenditure.

Also, our tax accountants in South London and Exeter will make sure you obtain the maximum available tax deduction when calculating your taxable profits.

HMRC charges interest at a variable rate, currently 2.5% since (applicable since 24/03/09).

From 6 April 2009, the threshold below which taxpayers do not need to make in-year payments on account of their annual income tax liability under the income tax self-assessment system will double from £500 to £1,000.
So if your tax liability in 08/09 is less than £1000, will not have to make instalment payments on 31 January and 31 July 2010 towards that 2009-10 liability, but will instead make a single payment on 31 January 2011.

If you would like to know more about payments on account and in what circumstances they can be reduced, Taxfile‘s tax agents could help.
Just drop us an email at info@taxfile.co.uk or ring us on 020 8761 8000.
Alternatively, you could pop in to see us at our office in Tulse Hill on the South Circular.

As from 2010-11 tax year , the Furnished Holiday Lettings (FHL) rules will be repealed. Among the changes to take place from 2010-11 is the one related to the Loss Relief.

As a result of this change no loss relief will be available to offset against other type of income from 2010/2011. Only option is to carry forward the loss and offset it against same type of income when a profit is made as with any normal residential lettings case.

Another important change worth mentioning is the fact that “HMRC will now treat the FHL rules as including furnished holiday accommodation elsewhere in the EEA.”

That being said you can amend your already submitted tax returns to HMRC so you can take advantage of the reliefs previously only available for FHL in the UK.

You can amend your income tax and capital gains tax returns for the year ended on 5th April 2007 until the end of July this month.The same deadline applies to corporation tax returns for accounting periods ending on or after 31 December 2006. If you want to amend your return for 07/08 tax year then you need to do it by 31/01/2010.

If there is still confusion in relation to loss relief with FHL or the rules to be repealed from 2010/2011 you can visit HMRC website or ask Taxfile‘s tax accountants for more details.

Before the introduction of this tax legislation, workers/contractors who owned their own companies were allowed to receive payments from clients direct to the company and then distribute the profits as dividends, which are not subject to National Insurance payments.

The IR35 does not focus on a certain profession or occupation. It mainly targets people working through service companies like medical staff, teachers , legal and accountancy staff, construction industry workers, IT contractors, engineering contractors, clerical workers, etc.

Through this legislation, HMRC is trying to make sure that taxpayers meet their obligations to pay the correct tax and NI: “we [HMRC] have a duty to ensure things are put right for the past and, where appropriate, for the future. Interest and penalties may be charged on any additional tax/NICs due as a result of any review or enquiry.”

So Whether you are caught by IR depends on a number of factors. It is a very complex tax area and legal advice is essential in order to protect your interests.

Why is that? Because according to HMRC, this is the easiest way to obtain information about the taxpayer’s business and settle the enquiry faster.

Also, meetings between the taxpayer and the tax inspector ”ensure that, where omissions have been found, the taxpayer is aware what offence has been committed and the likelihood of penalties and of the benefits of co-operating in bringing about an appropriate settlement at the earliest possible date, but you should make it clear that it is entirely a matter for them to decide.”(Enquiry Manual, HMRC)

When dealing with a meeting with the taxpayer, the inspectors are advised to consider a few points :
•the purpose of the meeting,
•the reason of the meeting,
•list of questions to be answered by the taxpayer
•review of all the information held,
•establish the basis of settlement.

The Inspectors Enquiry Manual (EM1822) tells the Inspector that the meetings enable them to:
”•obtain facts from the taxpayer about the business, how it is run and the records that are kept;
obtain the facts in non-business enquiries;
•explain the purpose of your enquiry. Taxpayers may not always be fully aware of the extent of HMRC enquiries;
•establish whether the taxpayer wishes to disclose omissions;
•agree what action is required and by whom to move the enquiry towards conclusion;
•ensure that, where omissions have been found, the taxpayer is aware what offence has been committed and the likelihood of penalties and of the benefits of co-operating in bringing about an appropriate settlement at the earliest possible date, but you should make it clear that it is entirely a matter for them to decide.
•quantify and agree omissions;
•settle the enquiry.”(Enquiry Manual, HMRC)

What you need to realise when dealing with a tax investigation is that there is no legal obligation for you to attend a meeting/interview with the Inspector.
Also it is important to go through the structure of the meeting in advance with your tax agent.
It is vital while attending such a meeting to have appropriate representation.
Tax Investigations and conflicts with the HMRC can create difficult and stressful times for anyone involved as well as a big accountancy bill.
Here at Taxfile we have free-of-charge enquiry protection cover. The insurance will cover the whole costs involved in dealing with your tax investigation. For more details about our insurance policy come and see us in our office in Tulse Hill or Exeter.

Arising Basis of Taxation means you will pay UK tax on all of your income as it arises and on your gains as they accrue, wherever that income and those gains are in the world.

The Remittance Basis of Taxation is an alternative tax treatment available to some people who are resident in the UK and who are either non domiciled in the UK (you are normally considered to be domiciled in the country where you have your permanent home) or/and non ordinary resident in the UK (your residence in the UK is typical for you and not casual and your presence here has a settled purpose ; it is part of a regular and habitual mode of your life for the time being).

This treatment of tax is only relevant if you have foreign income or/and gains. If you are eligible and choose to use the remittance basis, you will be liable to UK tax on all of your UK income and gains on an arising basis but you will only be liable to UK tax on your foreign income and/or gains if and when you remit them to the UK that means when you bring them directly or indirectly to the UK.

What is important when opting to have your foreign income taxed on a remittance basis is the amount of unremitted foreign income and/or gains you actually have during the tax year.

If your unremitted foreign income (and/or gains) arising or accruing in the tax year is less than £2,000 you can use the remittance basis without having to make a claim.

If your unremitted foreign income (and/or gains) arising or accruing in a tax year is more than £2,000, you will have to make a claim if you want the remittance basis to apply to you otherwise you will be liable to UK tax on the arising basis.

If you decide to claim the remittance basis and have been a ‘long term’ resident in the UK (resident in the UK for at least seven out of the last nine tax years immediately preceding the relevant tax year) you may have to pay the The Remittance Basis Charge (RBC).

The RBC is an annual tax charge of £30,000. It is tax on a part of the foreign income and gains which you leave outside the UK (unremitted) and is payable in addition to any UK tax that you have to pay on either UK income (and/or gains) or foreign income and gains remitted to the UK.

We here at Taxfile hope you found this useful . As this is a complicated area of expertise you should always seek professional advice before taking any decisions related to residence, domicile and the remittance basis.

Very important to highlight the HMRC’s view of a worker : “Just because a worker is self-employed in one job, doesn’t necessarily mean he or she will be self-employed in another job. Equally, if a worker is employed in one job, he or she could be self-employed in another. ”
It is a general requirement that those wishing to take on workers consider the terms and conditions of a particular engagement to determine whether the worker is an employee or self-employed. If you any doubts, you can always ask your local Status Inspector for an opinion as to the employment status of your workers. Also there is an Employment Status Indicator (ESI)
tool that enables you to check the employment status of an individual or group of workers.
Unfortunately, the status of self-employed workers is a favourite target of the Taxman, particularly during a PAYE compliance visit.
So take Taxfile‘s tax agents advice and protect yourself with a contract and and keep all the correspondence between you and the contractor covering the main points about employment status to avoid problems in the future.

It will generally be necessary to calculate the furnished holiday lettings profit or loss separately from the rest of the rental business.

If a letting is to qualify as furnished holiday letting(FHL)a few conditions should be met:
• the property to be in the UK ;
• property has to be furnished;
• property should be available for holiday letting to the public for at least 140 days a year;
• it should be let commercially for 70 days or more, and
• cannot not be occupied for more than 31 days by the same person in any period of 7 months.
The difference between residential lets and holiday lets is that with residential ones you can claim a certain relief called wear and tear as compared to the holiday ones where you can claim capital allowances.

Capital allowances can include the cost of furnishings and furniture, and equipment such as refrigerators and washing machines.

Another important difference between residential and holiday lettings is that with holiday ones you can offset any loss you make in the year against other type of income.
You may also be able to take advantage of Capital Gains Tax (CGT) reliefs, such as ‘business asset roll-over relief’.
For example, if you reinvest within three years in another UK holiday letting property or certain other assets costing the same as or more than you got for the property you have sold, you may be able to defer payment of CGT until you dispose of those new assets.
To work out your taxable profit you deduct your allowable expenses from your gross rental income. These include:
•Letting agent fees (where applicable)
•Legal and accountant fees
•Buildings and contents insurance
•Interest on mortgage payments
•Maintenance and repair costs (but not improvements)
•Utility bills
•Council Tax
•Cleaning or gardening
•Other costs related to letting the property, such as phone calls, advertising and stationery.
Landlords with income from furnished holiday accommodation in the UK are
currently treated as if they are trading for certain tax purposes, as long as they
satisfy the above criteria.
Landlords with income from furnished holiday accommodation elsewhere in the
European Economic Area (EEA) cannot currently qualify for this treatment. They
were treated instead in the same way as landlords of other types of overseas
property, under the property income rules.
The Government has decided it should repeal the Furnished Holiday Lettings rules from 2010-11.

Next week we are going to talk about these changes in more detail.

If you are still confused about lettings in relation to tax, Taxfile‘s tax agents in South London and accountants in Exeter are here to assist you.

From April 2008 the 50 per cent and 40 per cent first year allowances was replaced with a 100 per cent Annual Investment Allowance for capital purchases in any one year of up to £50,000.

On 6 April 2008 the annual writing down allowance (WDA) for plant and equipment was reduced from the previous 25 per cent to 20 per cent per annum. This writing down allowance is applied to the written down value of equipment brought forward from earlier tax years.

The annual investment allowance applies to all assets categorised as plant and machinery which includes most fixed assets including plant, equipment, fixtures and fittings, computer equipment and commercial vehicles.

Important to note is that qualifying plant and equipment expenditure does not include Motor Cars.

Motor vehicles are now subject to a reduced writing down allowance in the first year of 20 per cent.

The annual investment allowance does not replace the 100 per cent first year allowance schemes currently applicable to various green and environmental schemes and approved research and development projects ( for example Research & Development Allowances or Business Premises Renovation Allowances). So these schemes will be unaffected by the introduction of the AIA. The annual investment allowance is complimentary to these schemes.

Another important thing worth remembering is that for the financial year starting April 2008 small businesses which have a written down balance for tax purposes of under 1,000 pounds will be entitled to write off the total written down value as a capital allowance.

If by any chance you decide selling the asset after claiming the AIA, the proceeds of the sale would go into your capital allowances calculation and you would have a balancing charge to the value of the sale proceeds which would be treated as a taxable income.

If you have any queries regarding AIA or any tax-related matter, Taxfile’s accountants in South London and tax advisers in Exeter are here to guide you through.

Since launch, more than 110,000 businesses have already agreed deferred tax payment arrangements, equating to around £2 billion. Typically, repayments are scheduled over 3 to 6 months. The scheme is administered by the BPSS (Business Payment Support Service).

For further information and help with any of your tax affairs, contact Taxfile, accountants based in Tulse Hill, South London (tel: 020 8761 8000) or go to the relevant HMRC web page.

The main areas explored on the site are Income Tax, National Insurance and ‘Tax & Society’, an exploration of how the government gets and spends its money. This is all done through the use of interactive resources, such as videos, games and quizzes, along with key facts, figures and info.

PSHE (Personal, Social, Health and Economic) education will become a statutory part of the National Curriculum by 2011 so this is a great resource for both teachers and students.

HM Revenue & Customs (HMRC) also requires large employers (that’s those employing 50 or more people) to file their 2008/2009 Employer Annual Return online. Again, if they don’t, they may well end up having to pay an additional penalty.

If you have less than 50 employees you do not have to use the system but there is a good incentive to do so anyway, in the shape of a £75 payment – tax-free!

Further information from HMRC is available although if you would prefer to have some personal help from South London-based accountants Taxfile, then they know the system extremely well and can make sure everthing is done correctly for you, and on time. Be quick though …. the 19 May deadline is ony a few days away at time of writing.

Taxfile can be contacted on 020 8761 8000 and it may help to know that many different languages are spoken.