Tax Health Plan (THP)

The HM Revenue & Customs is offering a disclosure opportunity for medical professionals known as Tax Health Plan (THP).
Under the plan, medical professionals have until 31 March 2010 to notify the HMRC that they will be making a disclosure of any undeclared tax bills.
After which the full disclosure and payment of all outstanding taxes and duties, interest and penalties must be made by 30 June 2010.
Under the Tax Health Plan, the HMRC are offering a reduced penalty rate of 10% but no penalty where the total of unpaid tax is less £1000.
After 31 March 2010, the HMRC have stated that they will be undertaking a data matching exercise using information from payments from NHS trusts, private hospitals and medical insurers.
If the choice is made not to disclose and HMRC discover any undeclared tax bills, they will seek to apply penalties of 30% to 100% of the unpaid tax bill.
If you wish to take advantage of the THP, Taxfile's tax agents may be able to assist you in entering the THP and preparing your disclosure. Pop in to see us or call us on 020 8761 8000 to book an appointment.

Venture Capital Trust (VCTs) and tax

Venture Capital Trusts were schemes introduced in 1995 to encourage individuals to invest in high-risk trading companies.

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.

15% VAT rate extended for New Year’s Eve traders

On the 1st Of January 2010 the VAT rate is due to go back to its original rate of 17.5%.

As this transit might prove to be difficult for certain businesses that trade on New Year's Eve after midnight, HMRC is allowing them to charge the 15% VAT rate the next day.

According to HMRC ,businesses that remain open on New Year's Eve like pubs, clubs, restaurants, shops etc will be able to charge customers VAT at the 15% rate until 6am the next day.

Financial Secretary to the Treasury said:
“New Year’s Eve celebrations are a vital source of income for many in the service sector. The Government recognises that it would be very difficult for them to make the necessary changes to account for VAT at 17.5% immediately after midnight. To make the transition as easy as possible retail and telecommunication businesses will be able to charge VAT at the old rate into the early hours of New Years Day"


For more information, Taxfile welcomes you to follow this link on the HM Revenue and Customs website.

31st October Deadline

If you would like to send your tax return for the year ended on 5th April 2009 by paper, you would have to do it by the end of this month.

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.

Interest in Land and Property

As a landlord or a property investor, you are able to claim interest relief by offsetting it against your lettings income. So even if you have an interest-only mortgage or a repayment one you can still claim the interest.Also if you take a personal loan and you use it entirely for the purpose of your rental business, you can claim the interest on the loan as an expense.
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.

Payments on account towards 2009/10

Payments on account are normally required from any taxpayer who is assessed to income tax, of any amount, for the preceding tax year (HM Revenue and Customs).
These payments are due by the end January and July each year.
You will be asked to make two payments on account for the current tax year if the total tax due in the previous tax year is less than 80 per cent of the tax deducted at source through the Pay As You Earn system and your Self Assessment tax bill for the previous year was over £500.
Each payment on account equals half of the total tax bill that you had to pay directly to HMRC on your income for the previous tax year.
If you expect your income for the current year to be significantly different from the previous year you can ask for these payments to be adjusted. You can reduce your payments on account by filling in an additional form called SA303.
If you ask for your payments to be reduced and it turns out that you did not pay enough tax on account, you would have to pay interest on the difference from the date the payment was due.

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.

Business Payment Support Service

Business Payment Support Service (BPSS) was launched on 24 November 2008. This service is designed to support businesses having trouble payment their tax bills in the current economic crisis.
Very important to realise is that this service does not deal with anyone that has already made a payment arrangement with HMRC .
Also, the BPSS does not deal with you if HMRC has already got in touch with you regarding an overdue payment.
In order for the BPSS to be able to help your business, you need to contact them before the tax, VAT, Corporation Tax, Pay As You Earn or National Insurance contributions liabilities are due.
You can contact them seven days a week on 0845 302 1435.
According to HMRC, this service "designed to assist all businesses (large and small) that will be unable to pay their tax. The service is primarily available to self-employed people and companies but can be used by any of your clients who are having difficulty in meeting their tax liabilities. It covers most taxes and duties including Income Tax, Corporation Tax, VAT, PAYE and National Insurance."
The Payment Support service only applies to businesses that cannot genuinely meet their tax payments on time and they are likely to pay their tax over a longer period of time.

Also according to HMRC, " surcharge(s) can be avoided on late payment of income tax where a Time to Pay agreement is entered into before the relevant surcharge date AND the terms of the agreement are adhered to."

Although surcharges can be avoided, interest on late payment will be charged in the normal way.

If you would like to know more about this service , you can follow this link.

Taxfile's tax agents in South London and Exeter can discuss your business position with HMRC on your behalf and arrange a Time to Pay agreement.

Taxfile: Introduction to IR35

IR35 is an Intermediaries legislation which took effect from April 2000.
According to HMRC, the aim of IR35 is "to eliminate the avoidance of tax and National Insurance Contributions (NICs) through the use of intermediaries, such as Personal Service Companies or partnerships, in circumstances where an individual worker would otherwise -
•For tax purposes, be regarded as an employee of the client; and
•For NICs purposes, be regarded as employed in employed earner’s employment by the client."

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.

Enquiry Meeting:One Big Interview

According to the HMRC, during a tax investigation, meetings between the taxpayer and the tax inspector play a vital role.

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 and Remittance basis of taxation

As resident in the UK you are being taxed on an Arising basis.

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.

Employed or Self Employed?

If you work for someone else, it is important to know whether you are working for that person as employed or self-employed as an independent contractor.
If you are the one having to employ somebody, it is your responsibility to correctly determine the employment status of that person.
A worker’s employment status will determine the charge to tax on income and the class of National Insurance contributions due.
It is necessary to determine whether the person works under a contract of service (as an employees) or under a contract for services (as self-employed or independent contractor).
There are some test and factors that can determine the worker's right status. For instance if the workers are paid by the hour, week or month and if they can get overtime pay or bonus it means that they are employed. Also, if they work a certain amount of hours and they can be moved from task to task than again they are considered to be employees.
Important to establish is whether the workers can be replaced by somebody else and whether they are being told where, when and how to carry out their work. Again if the answer is affirmative than that worker classifies as an employee within the company.
If the workers are self-employed,the answer to all the following questions should be positive:
•Do they regularly work for a number of different people?
•Can they hire someone to do the work or engage helpers at their own expense (the so called right of substitution and engagement of helpers)?
•Do they carry a financial risk?
•Can they decide what work to do, how and when to do the work and where to provide the services?
•Are they providing the main items of equipment they need to do heir job?
•Do they agree to do a job for a fixed price regardless of the time it takes?

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.

Annual Investment Allowance

Capital allowances are set by the government at fixed rates at which a business can claim the expenditure on fixed assets against the taxable profit.

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.

Disability Living Allowance

Disability Living Allowance (DLA) is a tax-free benefit for people under 65, including children, who have normally care needs or encounter problems getting about.
Disability living allowance (DLA) is paid at different rates depending on how your disability affects you.
There are two types of disability living allowance:one is the care component and the other is the mobility component. You may be able to get one claim or even be entitled to both.
For the care component there are three types of rates. Lower, middle, and higher. To be eligible for the lower rate, you must need help or supervision for most of the day or be unable to cook a main meal for yourself. For this lower rate you would be entitled to £17.75 per week. If you were receiving the middle rate you would get £44.85 per week, this would be because you would need personal care continually through the day or night. To be entitled to the higher rate you would need help throughout the whole day and during the night as well, the higher rate pays £67.00 per week. Even if you live alone and no-one is actually giving you the care you need, you still can get the care component for Disability Living Allowance.
There are only two types of rates for the mobility component, lower and higher. To get this part of the disability living allowance, you must have difficulty in getting out and about. For the lower rate, you would get £17.75 per week if you need guidance or supervision out of doors or in unfamiliar places. For higher rate of this component, you would be entitled to £46.75. This would be because you are unable or virtually unable to walk, or if you have no legs or feet, also if you get very short of breath after only walking a short distance.
To claim DLA you must have needed help for at least 3 months and be likely to need it for another 6 months. However there are special rules that apply to people that have a terminal illness, this allowing them to get the allowance more quickly and easily. This must be claimed before you reach 65.
If you were to start getting the DLA there is chance it could increase your other benefits such as Council Tax Benefits, Working Tax Credits, Pension Credits, Income support, Housing Benefit and Child Tax Credit. This is because Disability Living Allowance is normally ignored as income for working out these income-related benefits and credits.
To claim for DLA, you can call the benefit line enquiry on 0800 88 22 00,download a form from the governments website or contact your local Jobcentre office or local social security office.
We hope you found this useful, and if you do have any more questions regarding anything to do with Disability Living Allowance, please feel free to pop into our office in South London, Tulse Hill, talk to our accountants and tax advisors in our Exeter office, or send us an email.

Taxfile: Scholarship Income

By scholarship we mean an exhibition, bursary or any other similar educational endowment. If the holder of the scholarship is receiving full-time education at a university, college or school then the income from the scholarship is exempt from tax.
The rate of payment including lodging, subsistence and travelling allowances is now £15,480 a year, £1,290 a month or £297.92 a week. This rate has increased from £15,000 (rate used up to 01/09/2005) to £15480 (from 01/09/2007 onwards).
Important to note is that this exemption does not apply to payments of earnings made for any periods spent working for the employer during vacations.
If the rate exceeds £15,480 HMRC will look at the arrangements in detail. This is because the level of payment exceeds what might reasonably be described as a scholarship or training allowance. However, an increase in the rate of payment over the qualifying limit, part way through a course, will not affect the exemption applying to any payments for the earlier part of the course
One of the condition to be met by the employee receiving the scholarship, is that he/she must be enrolled at the educational establishment for at least one academic year and must attend the course for at least twenty weeks in that academic year.
Also, the educational establishments must be recognized universities, technical colleges or similar educational establishments, which are open to members of the public generally and offer more than one course of practical or academic instruction.
Very important to know is that the concepts of “earnings” and “scholarship income” are mutually exclusive.
In conclusion, it is important to remember that there are a few factors to consider when dealing with scholarship income:
•the relationship between the payer and the recipient;
•the nature of the course;
•where the course is being undertaken;
•whether it is full time;
• total amount.
So pop in to see us in our office in South London Monday to Friday and even Saturday now!
Any of our tax agents at Taxfile will be more than happy to help if you have any further queries.

Vat Flat Rate Scheme

The VAT flat rate scheme was introduced on 24th April 2002 and was designed to assist small businesses through calculating VAT payments as a percentage of their turnover.
This scheme was developed to reduce the cost of complying with VAT obligations and the time spent by removing the need to calculate and record output and input tax in calculating the net VAT.
The scheme is optional and available to businesses with a VAT exclusive annual taxable turnover of up to £150,000(£225,000 after 1 April 2009) and total turnover including the value of exempt supply and other non- taxable income does not exceed £187,500(not required after 1 April 2009).
The flat rate percentage depends on the trade sector of the business you are running and it can range from 2% to 13.5%.
To see the category of the business you are falling into and what percentage you need to use follow this link from hmrc. As you could probably notice, the flat rate percentages have been changed since the decrease of normal VAT rate from 17.5% to 15%.
Under this scheme, businesses charge their customers the normal rate for the supply of goods and services.
Although businesses do not need to calculate the VAT on each and every transaction they make, they still need to keep a record of their flat rate calculation showing their turnover, the percentage used and the tax calculation.
As far as capital assets are concerned,for those costing more than £2000 (including VAT), the VAT can be recovered in the normal way as long as they meet certain conditions.
There are a few special categories of businesses like farmers, barristers and florists where special VAT flat rate rules apply. About all this we can explain more in due course.
Taxfile's tax accountants in South London and Exeter will first assess your eligibility for the flat rate scheme then will weight up pros and cons and see how beneficial it is for you.
Then finally they will register you within the scheme and offer ongoing support.

Tax Enquiries: Guilty Until Proven Innocent!

An enquiry is defined as seeking information, asking, questioning. Self Assessment is a process now/check later regime. According to HMRC,enquiries encompass all work carried out to check returns after processing - from a single enquiry about one entry in a return to a detailed examination of all the taxpayer’s affairs.
Under Self Assessment, taxpayers have clearly defined obligations while HMRC has defined powers in order to make sure that all taxpayers meet such obligations.
There are two types of tax enquiries:
•full enquiries (covering every single aspect of the return) and
•aspect enquiries(dealing with only one or more aspects of the return).
According to HMRC, a full enquiry is one which seeks to address all the significant risks of error in the return, including the risk of the return being fundamentally incorrect whereas aspect enquiries are those which fall short of a full, in-depth examination of the whole return but instead concentrate on one or more aspects of it.
Aspect enquiries, although more limited in scope than full enquiries, should not be seen as any less thorough or investigative.
If no enquiry is made within the allowed period (one year from the day the tax return is received by HMRC, for specific examples follow this link), the return becomes final unless the tax office makes a discovery assessment as a result of the return being incorrect or there was fraudulent or negligent conduct in making the return.
A very small proportion of returns will be taken up for enquiry on an entirely random basis. Most of the enquiries may start because either the return was sent in late, or some figures in the tax return did not match their records or just HMRC received a tip off.
All taxpayers should be aware that there is a chance of their returns being subject to enquiry.
Where a tax return has been selected for full enquiry, the enquiry officer aims to identify and examine all the significant risks of error in the return, including the risk that it is fundamentally incorrect. Also, where the business records do not prove to be as accurate as they should be, the officer in charge will need to look at the private side.
In order to make sure that there is no undisclosed source of income or additional cash coming from somewhere which was not taxed, the enquiry officer uses three main techniques:
•Cash Flow Tests involved with an analysis of drawings;
•means tests which determines the amount of money that is available to a taxpayer for living expenses.
•capital statements dealing with a detailed accumulation of information about capital worth, income of all sorts and expenditure.
Individuals with complex tax affairs investigated by HMRC should seek early help from a professional advisor to guide them through every step of the enquiry from responding to the officer, arranging a meeting to negotiating a settlement.
Taxfile's tax agents in South London and Exeter will guide you through this process and try to save you tax, interest and penalties.
Taxfile is happy to announce that we have recently renewed our free-of-charge enquiry protection cover. The insurance will cover the whole costs involved in dealing with your tax investigation so you can give you piece of mind and save you hundreds of pounds at the same time.
So pop in to see us and make the best of it!

2008 Pre-Budget Report

In his 2008 Pre-Budget Report speech on 24 November, the Chancellor has set out his actions for supporting people through the difficult times of the current global financial crisis. Among the most important changes to do with tax, VAT and benefits, we can mention the following:
•Personal tax allowance increases to £6475, and the basic rate tax limit to £37,400 from April 2009. This means that basic rate taxpayers will pay £145 less tax a year in 2009-10;
•Basic Personal allowance for individuals with income over £100,000 to be reduced to half its value from April 2010;
•Personal allowances will be scrapped for those earning in excess of £140,000 a year from April 2010.
•A new, higher rate of Income Tax of 45% will be introduced for incomes above £150,000;
•Employee, employer and self-employed rates of National Insurance Contributions will increase by 0.5 per cent from April 2011 but those earning less than £20,000 will be exempted.
•The child benefit increases was brought forward to 5th January 2009 instead of April. This is worth an additional £22 on average to families. The commitment to increase the child element of the Child Tax Credit by £25 above indexation in April 2010 will also be brought forward to April 2009.Children will receive a one-off £70 payment for Christmas.
•All pensioners will be paid £60 in the New Year, the equivalent of bringing forward the April increase in the Basic State Pension for a single pensioner to January.In April 2009 the level of a full State Pension will rise in line with prices from £90.70 to £95.25 a week.
•Pensioners on modest incomes will get an increase in pension credit from £124 to £130 and for couples from £189 to £198 from January 2009;
•The standard rate of VAT will be reduced by 2.5% from 17.5% to 15% on 1 December 2008. This new rate will apply until 31 December 2009, when it will revert to 17.5%.This reduction will be offset by increased duties on alcohol, tobacco and petrol.
•The planned increase in the Small Company Rate from 21% to 22% from 1 April 2009 will take effect from 1st April 2010.
•SMEs will be allowed to spread business tax payments over a period to help to ease cashflow and credit constraints.
•Business losses of up to £50,000 could now be offset against profits made in the past three years rather than just one;
Taxfile's tax agents recommend the following link for more details regarding the Pre-budget Report.

Childminders and tax

Registered childminders are people that work in their own homes to provide care and learning opportunities for other people's children.
Childminders need to declare their income from their self-employment by filling in a self-assessment tax return every year.
Many childminders are members of the National Childminding Association (NCMA).The NCMA had an agreement with with HMRC in terms of allowable expenses that a childminder can have. They agreed that receipts for items of expenditure will not be required for items costing less than £10.
Also they agreed with the HMRC that full-time childminders (40 or more hours a week)can deduct as expenses a third of their heating and lighting costs and 10% of water rates and Council tax. Food and drink provided for children are acceptable and receipts are not required provided that the figures are reasonable.
Probably not everyone is aware of 10% Wear and Tear relief available to childminders. 10% Wear and Tear of total childminding income may be deducted as an expense to cover the wear and tear of furniture and household items. Once a childminder claims this relief, he/she cannot claim for replacing such household items.
Other expenses allowable in calculating the taxable profit are the cost of toys, books, safety equipment, travel fares, NCMA subscription, Public Liability Insurance, stationary, the cost of phone calls for childminding purposes, cleaning, accountancy fee, children gifts,training costs, resources (like paint, arts/craft)and Ofsted Registration fee(Office for Standards in Education).

For more details regarding childminders and their relationship with tax, you can seek guidance from Taxfile's tax agents in South London (Tulse Hill) and Exeter.

Foster Carers and their tax relief

Fostering is looking after someone else's children in your own home at a time when his or her family is unable to do so. Foster care relief applies to people who get income from providing foster care to children and young people.
Anyone receiving this type of income is considered by the tax office to be self-employed and therefore liable for tax.
If total receipts from fostering no dot exceed a certain amount, often referred to as qualifying amount, than the foster carer will be exempt from income tax for that year.
A qualifying amount is made up of two elements added together.
One element is the fixed amount of £10,000 per year for each household. Only a proportion of the fixed amount can be claimed if the foster carer is registered for less than a year.
The second element consists of an amount per week for each foster child which varies depending on the child's age.
If total receipts from fostering exceed the qualifying amount than there are two ways of calculating your tax. One is called the profit method and it is calculated by deducting the allowable expenses from the receipts.
The other one is called the simplified method and is calculated by deducting from the receipts the qualifying amount with no additional relief for expenses. Capital allowances are not available if such a claim is made. The election must be made on or before the first anniversary of 31 January next following the end of the year of assessment to which it relates. If they do not make such an election the will need to calculate their profit in the normal way (the profit method).
As profits from fostering as treated as earnings from self-employment, than National Insurance Contributions will be due (Class2 £2.30 per week and Class4 8% on the profit).
As a foster carer need you to keep good records consisting of total receipts for the year from their local authority, HSS trust or independent fostering provider.You also need to keep a record of the number of weeks that you care for each child placed with you in the year.
Also you need to keep a record of the date of birth for each child.
If your total receipts from fostering exceed the qualifying amount and you are using the profit method than you would need to keep records of your expenses as well.
If you are a foster carer and need help with filling in your tax return, Taxfile's tax agents in South London and Exeter are here to help.

National Minimum Wage

Minimum Wage is defined as the lowest wage payable to most employees as fixed by law or union agreement.
There are three different rates of Minimum Wage:
•Adults' rate for workers aged 22 and over
•Development rate for those aged between 18 and 21
•Young people's rate for those older than school leaving age and younger than 18; you're under school leaving age until the end of summer term of the school year in which you turn 16.
Almost everyone who works in the UK is legally entitled to be paid the National Minimum Wage.
However, you are not entitled to receive the minimum wage if you are in one of the following categories: a worker under school leaving age, genuinely self-employed,company director, prisoner, share fisherman, apprentice, an au pair,in the armed services or a voluntary worker.
Every year National Minimum Wage rates are being reviewed and if any changes take place they come in force from 1st of October. From 1st October 2008, National Minimum Wage increased from £5.52 to £5.73 an hour for adult workers.
The statutory hourly rate for 18 to 22-year-olds has also risen from £4.60 to £4.77, and for 16 and 17-year-olds has lifted from £3.40 to £3.53. Also the accommodation offset rate increased from £4.30(per day) to £4.46(per day).
It is worth mentioning the agricultural workers as different rates apply to them.
Also Piece workers (known as Output workers) are paid by the number of items they produce or tasks they perform rather than the number of hours they work. Piece workers must be paid at least the minimum wage for every hour they work or a fair piece rate for each piece produced or task performed.
Commission workers are paid entirely or partly on the basis of sales made. These ‘commission workers’ must be paid at least the national minimum wage.
Trainees and staff on probation are entitled to be paid at least the national minimum wage.
Very important to know is that the government is planning to introduce new regulations in April that will impose a £5,000 automatic fine on any employer failing to pay the minimum rate.
Serious cases could lead to a prosecution in a Crown Court where there is no limit to the fine that could be set.
If you suspect your employer is paying you less than the Minimum Wage than Taxfile's tax accountants in South London and Exeter recommend you downloading this form in order to make a complaint to the HMRC.

Workers in Construction Industry Scheme

We recently came across a client who got very confused about becoming a limited company and his tax position.

If people are both self employed and/or employed and they only work part of a tax year on that basis, it is likely that they would not have time and understanding of the implications of becoming an employee of their own limited company to organise their own salary in the first few months of trading.
The situation will then exist that they have a tax return to do for April 5th which has only a part years earnings, which gives rise to a personal tax rebate.
The limited company then has a payroll scheme of its own for future tax efficient drawings.
So year one of setting up a limited company can appear very beneficial (contact Taxfile to set up an ltd as a one stop shop for all your tax needs).
Year two may then give rise to a profit which can be taxed as employee's drawings (director) and if the director is prudent by leaving a tax reserve in the firm at the year end, then a potential tax efficient dividend may be possible (remember you can choose your year end to be a point when adequate reserves are in hand, you can only change it once in every five years. (Come to Taxfile to make sure you get the best year end solution).
The scheme for the taxing of the directors drawings and the subcontracted workers can be easily administered by the director, if there is a good margin between the gross works done and the labour costs then it is usual to see a favourable set off position at the end of each month.
To sum up, the business may have had 20% stopped on more of the income than the tax it has stopped from the subcontracted worker, this being the case then no tax needs to be handed to HMRC that month, the contractor/director must complete a CIS 300 list every month to state the tax stopped from every verified subcontractor ( HMRC do a great DIY course which is free to attend).
Any surplus tax suffered can be reclaimed back to the company at payroll year end 5th April on the companies p35 (it can take a few months for HMRC to agree the repayment as sometimes they ask for proof of the tax suffered, so good records of the work done and tax suffered are essential), once the tax is rebated then it comes back to the company to bolster the reserves.
The company accountant (come to Taxfile for the best in service from a Taxfile accountant) will then advise you of your corporation tax assuming you have supplied your banking records (preferably quarterly by online bank downloads which can be easily uploaded for analysis) . The corporation tax is due 9 months after the year end, so a good CIS rebate can often cover the corporation tax if the company is a labour only supplier which makes a reasonable margin after retentions.

If you are still confused about the way the Construction Industry Scheme (CIS) works you can always rely on Taxfile's tax specialists in South London and Exeter to guide you through any potential tax issues.

Revenue Determinations

Under Self Assessment, taxpayers are required to file their tax return by a certain filing date. If they fail to do so they face the risk of having the HMRC determine their tax liability by raising a so called Revenue Determination.
The Revenue Determination is meant to encourage the taxpayer to send in his/her return to the HMRC by estimating the taxpayer's tax liability.
Once a Revenue Determination charge has been added to the taxpayer's Self-Assessment record a notice known as 'Determination of tax due' will be issued to the taxpayer and his/her agent.

A Revenue Determination will automatically involve any payments on account for the following tax year. Also, where Revenue Determination and any overdue payment on account remains unpaid, interest and surcharge will be added to the taxpayer's record.

There is no right of appeal against a Revenue Determination but the submission of the completed tax return will take the place of the Determination and the determined amount of tax will be automatically amended to the return amount. Any related interest, surcharge and payments on account will also be automatically amended.

A Revenue Determination must always be raised for an amount equal to or greater than the previous or last year's liability, and include where necessary an appropriate percentage addition to the previous year figure.
Very important to know is that Determinations can only be raised within 5 years from the filing date.
Taxpayers can displace the determination with their own self assessment at any time up to the fifth anniversary of the filing date for the year of assessment in question (or one year after the determination was issued, if later). After five years things become a little bit more difficult as a certain concept may need to be applied, that of equitable liability.
In order to avoid having to deal with a Revenue Determinations, self-assessment taxpayers need to make sure that they are familiar with the filing deadlines and seek help from tax companies like Taxfile when sending their tax return , especially now with a new 31st October paper return deadline in place.

Use of Home as Office

If you are self-employed, there is a type of relief called use of home as office that can be offset against your tax liability.
If you run your business partially from home you can could set a proportion of your home running costs against income tax.What sounds like a very easy task for any tax accountant has proven to be quite difficult as the HM Revenue & Customs can easily argue the figures as there are no clear rules that can be applied.
Among the expenses allowed in this category we can mention the following: Council Tax, Mortgage interest, Rent, Repairs and maintenance, Cleaning, Heat, light and power, Telephone, Broadband, Metered water charges.
The factors to be taken into account when apportioning an expense include according to HMRC:
•the area used for business purposes,
•the usage in connection with electricity,gas or water and
•the time used for business purposes compared to other use.
By following this link you can see some examples provided by HMRC related to ways of approaching the use of home as office.
This is what the courts have approved in terms of apportioning expenditure for home as office:
"… it is possible to apportion the use and cost of a room on a time basis, and to allow the expense of the room during the hours in which it is used exclusively for business purposes, in the same way as it is possible to calculate the business expenses of a car which is sometimes used for business purposes exclusively and sometimes used for pleasure." (Templeman J in Caillebotte v Quinn [1975] )
Very important is to retain good records to evidence whatever claim you make for using your home as office in case the taxman argues your figures. For more help in understanding tax reliefs for self-employed, Taxfile in South London and Exeter is here to help.

Savings Income and Tax

Savings income is added to your other income and taxed . Banks and building societies are required by law to deduct income tax at 20% from interest before they pay it to you. They pay this to HM Revenue & Customs. This is confirmed by the entry 'net interest' on your bank or building society statement.
If you're a higher rate (40%) taxpayer you owe tax on the difference. If you have a low income you may be able to claim tax back.
If you are a basic rate taxpayer you do not have to take any action as no extra tax is due and 20% tax has already been deducted at source by the bank or building society.
If you are a higher rate taxpayer than you have to let the Tax Office know what interest you have received so they can collect the extra tax either by asking you to fill in a tax return( if you are self-employed and normally have file self assessment) or adjust your tax code if you are employed or you receive pension. Then they will also send you a form called Tax Review P810 in order to check your level of savings income and then a change your code if necessary.
Your interest is taxable in the tax year that it is paid to you, or credited to your account, even if part of it has accrued in the previous tax year. So you do not have to include any interest earned this year when working out your taxable income if it hasn't been paid yet.Your bank/building society may send you a 'Certificate of Tax Deducted' or a statement containing this information after the end of each tax year.
Also, if you have a joint account with a husband, wife or civil partner you should declare half of the income as yours. The second half should count towards their income.
On some types of savings income you do not have to pay any tax. Among them, we can mention the following:
• Cash mini ISA;
• all prizes received from Premium Bonds;
• interest received from Fixed Interest Savings Certificates;
• interest from Index Linked Savings Certificates;
• interest, including bonuses, received from Children's Bonus Bonds.
Also the interest paid by HMRC on over-payments of tax (so called repayment supplement ) is non-taxable.
If you are not due to pay any tax you can register your bank or building society account to receive your interest without tax taken off. You do this by completing form R85 and giving it to your bank or building society.
If you need to know more about the interest on savings and whether it is taxable or not, Taxfile's tax accountants are here to help.

Data Protection Act and HMRC

As a tax agent you might have found it quite difficult trying to deal with subcontractors' tax returns (those working in the Construction Industry Scheme) for the year ending on the 5th April 2008. The main reason behind this situation is the struggle of gathering all the relevant data in order to submit an accurate, complete and compliant tax return to HM Revenue & Customs.
In the past years we used to be able to ask the tax office for a so called ''captured voucher list'' for our subcontractor clients quite easily. We cannot say this is happening this year, now when the construction scheme has changed and we need their help even more. According to the HMRC, excessive demands were placed before on their resources when requests were made for payment details for scores of subcontractors at a time.
Their refusal of giving away information is normally stated in a letter and we can quote:
''Under Section 12(B) 1 Taxes Management Act 1970 your client must keep all records they need to enable to make a correct and complete tax return.They may receive a penalty of up to £3000 for each failure to keep or to preserve adequate records they need for future reference.[...] If they have lost any of their deduction statements given to them by the contractor(s) or they think they were not given a deduction statement(s), your client must in the first instance go back to the contractor concerned and ask for either a duplicate, or the missing deduction statement.''
That said, unless we can provide evidence that contact has been made to the contractor(s) concerned the HMRC will not be able to release any information. The evidence in question can be either a letter from the contractor(s) confirming why that they are unable to provide the documentation or a letter with the name of the contractor(s) and the dates the client worked for him/them.
As we needed to know more about this subject, we asked one of our legal associates to do some research on this matter. Under Data Protection Law 1998 s.63(1) it is required by all Government departments to reveal information held by them on our clients. However s.29 of the Act states that the right to disclosure of personal data and to have copies of it does not apply to to data collected for the assessment or collection of any taxes:
''Personal data processed for any of the following purposes[...](c) the assessment or collection of any tax or duty or of any imposition of a similar nature are exempt from the first data protection principle.'' It looks as if there is a clear statutory right for hmrc to refuse to reveal the information requested.
However, there is nothing in the Taxes Management Act 1970 requiring the client to go back to the contractor for a duplicate copy of the missing document(s) in the first place. As there is no policy stating that that the client or agent should first contact the contractor, it appears as if the policy has no status in law.
Taxfile's tax accountants in South London and Exeter would like to know your opinion on this matter. Have you found it difficult this year to deal with your subcontractors' tax return? Have you gathered all your data from the contractors or you managed to get some help from HMRC? Write your comments, your opinion matters to us.

Lump sums,redundancy and compensation payments

When dealing with lump sums, redundancy and compensation payments great care needs to be exercised. The reason behind this is that this type of income will not necessarily be taxed as normal employment income.
Up to the first £30,000 of any compensation payment can be paid to you without deduction of tax if it is made in connection with the termination of your employment. This also applies to statutory redundancy payments. This tax exemption applies whether the payment is made as a result of an unfair dismissal claim or for breach of contract.
In order to qualify for compensation for loss of office relief, strict criteria must be met.
For instance, if your contract of employment gave you a right to compensation on ceasing to be employed or payment in lieu of notice (i.e. the employer pays in lieu of notice instead of the employee working the notice period), then the lump sum you receive will be taxable under PAYE scheme, regardless of the amount.
Also, even if the contract says nothing about pay in lieu of notice but there is an expectation of payment because it has been routinely paid to others, that constitutes an implied contractual term and the payment will still be liable to tax and NICs.
HMRC often challenges this aspect, trying to prove that the payments were contractual in nature therefore they need to be fully taxed.
Very important to remember is that the limit of £30,000 relief relates to each employment but employments with employers under common control only count once. If a payment was received in the previous fiscal year for the same employment but the relief was not used, than the balance can be claimed against any relevant payments in a subsequent year.
Some employees with redundancy payments that exceed £30,000 choose to pay some or all of the excess into their approved occupational pension scheme. As long as the payment is within the scheme's rules, it has no liability for tax or NICs.
As different rules apply to different lump sum payments connected with an employment it is very important to seek advice from professionals like Taxfile's tax accountants in South London and Exeter. They will make sure that your circumstances have been carefully considered before submitting your tax return to HMRC.

Student Loan Deduction

Student Loans are considered to be a financial support package for students in higher education in the UK with the Government's help. They are available to help students meet their expenses while they are studying.
HM Revenue & Customs is responsible for collecting repayments of Student Loans in cases where the borrower is within the UK tax system and is no longer in higher education.
The loans are still administered by the Student Loans Company.
In most cases the employer collects Student Loan repayments by making deductions from the borrower’s pay .
The employer has the following responsibilities:
• making deductions of Student Loan repayments from thee the employee’s wages
•keeping records of the deductions made
•paying the deductions over to HM Revenue & Customs
•providing HM Revenue & Customs with details of the deductions at the year end
•giving the employee details of the deductions on their payslips
•identifying on form P45, when the employee leaves your employment, that they are liable to make Student Loan repayments.
There is an Annual Threshold, currently £15,000, below which Student Loan repayments are not due. Employers making Student Loan deductions apply a proportion of the threshold appropriate to the pay period in calculating the amount of Student Loan repayment to deduct.
The rate of deduction when calculating the amount of Student Loan deduction is 9%.
Deductions are made on a non-cumulative basis. In order to deduct the right amount from the employee's pay than the employer has to look up the Student Loan Deduction Tables on the HM Revenue & Customs website.
If you need to know more about the way Student Loans deductions work out, Taxfile's tax agents in South London and Exeter can help you get a better understanding of it.

Types of Cis cards in the Construction Industry Scheme

There are five types of registration cards and certificates used in the Construction Industry Scheme.
CIS 4(P) is the permanent registration card issued to most subcontractors. It entitles the holder to be paid with a deduction on account of tax and National Insurance contributions. It does not have an expiry date but it shows the photograph and signature of the authorised holder, along with their National Insurance number.
CIS 4(T) is the temporary registration card issued to subcontractors who do not hold or do not know their National Insurance number. It enables the holder to be paid with a deduction on account of tax and National Insurance contributions while they obtain a valid National Insurance number.
CIS 6 is the subcontractor certificate issued to individuals, partners in firms and directors of most companies that meet the required turnover, business and compliance requirements. The certificate shows the photograph and signature of the holder and entitles them to be paid gross.
CIS 5 is the subcontractor certificate issued to companies that can't be issued with a CIS 6. There is no photograph on the certificate but it bears the company secretary's signature. It entitles the subcontracting company to be paid gross.
CIS 5 (Partner) is the subcontractor certificate issued to one partner in business partnerships that can't be issued with a CIS 6. There is no photograph on the certificate but it bears the signature of the partner nominated to hold the certificate by the firm. It entitles the partnership to be paid gross.
Sometimes a subcontractor's payment status will change from payment under deduction to gross payment. If this happens, Tax Office will tell the subcontractor and any contractors who have verified or used the subcontractor in the current or previous two tax years. The revised payment status should then be applied to all subsequent payments to the subcontractor as soon as it is practical for the contractor to do so.
Subcontractors who meet certain qualifying conditions get the tax certificates and those who do not get the registration cards. Only a minority of subcontractors will qualify for a Tax Certificate which then entitles them to gross payments.
Only a minority of subcontractors qualify for a tax certificate entitling them to gross payments. To qualify you must pass three tests, the turnover test, the business test and the compliance test.
•The turnover test
To meet the turnover test as an individual you must show that for a continuous three year period you have had a net turnover of £30,000 a year or more.
•The business test
You need to be in a business that provides labour to carry out construction work, conduct your business primarily through a bank account and also keep proper business records.
•The compliance test
Tax affairs must be kept up-to date during the three years before application. You need to show you have paid all tax, including any PAYE and subcontractor deductions and submitted all tax returns on time.
If you qualify you should receive your certificate within 30 days of application; if not you will automatically be sent a registration card. If you do get a subcontractors tax certificate it will be one of three types either a CIS6, which is the most common type, a CIS5 which is issued to some companies because of their size, or a CIS5 (Partner) which is again issued to firms which have complex operations or geographical spread. Only the CIS6 show the authorised user’s photograph and signature.
If you need further information about types of registration cards and cis tax certificates, Taxfile's tax accountants in south London and Exeter can help you with your registration.

No April Showers for Landlords!

Landlords may benefit by having a Taxfile safety net.
Landlords and taxpayers with small amounts of freelance earnings could well expect to find a Tax inspector appearing unannounced at their Buy to Let property or small home business enterprise! Proposals included in last weeks finance bill and coming into force on April 1st 2009, will herald even more investigative powers for the Tax man. HMRC inspectors will have additional powers to investigate landlords and challenge them over perceived income errors on their tax returns, which could result in fines between 30%-100% of any extra tax due.

In a recent report, HMRC have identified 20% of Landlords (nearly 80,000), as having made errors on their Tax returns. But what is meant by an error? Taxpayers could be heavily penalised for just failing to understand the tax rules applied to rental income. For example, being late with the lettings business registration, or using inappropriate expenses and so on.

Any concerns or worries in this area can be directed to Taxfile who will be happy to offer help and advice. We strongly recommend landlords take advantage of our insurance cover against any tax investigation, this offers Landlords piece of mind and financial protection.

Taxfile welcome your call on 0208 7618000 to discuss your situation.

Good luck.

Land and Property Team at Taxfile

What is equitable liability?

Information about equitable liability was published in the Revenue's Tax Bulletin in August 1995.
Most people keep their tax affairs up to date and pay their tax in time time. However, where a taxpayer has not submitted his or her return, HM Revenue & Customs can determine the taxpayer's likely tax liability so that the tax can be pursued. There is no right of appeal against such determinations, and the tax determined is legally enforceable. Taxpayers can displace the determination with their own self assessment at any time up to the fifth anniversary of the filing date for the year of assessment in question (or one year after the determination was issued, if later).
If a taxpayer receives an assessment and does not think it is right, he or she can appeal against it and has thirty days from the date on which the notice of assessment was issued to do so. Inspectors will accept appeals once that time limit has passed if they are satisfied that there was a reasonable excuse for not making the appeal within the time limit and the application to admit the appeal late was made without unreasonable delay thereafter. If the Inspector does not think these requirements have been met, the application must be referred to the Appeal Commissioners for a decision. The Appeal Commissioners are completely independent of the Inland Revenue and their decision on this matter is final.
Otherwise, an assessment is final and conclusive and the Inland Revenue is able to take recovery proceedings -- through to bankruptcy if necessary -- for the full amount. There is no legal right to adjustment of the liability.
However, where the taxpayer has exhausted all other possible remedies, the Inland Revenue may, depending on the circumstances of the particular case, be prepared not to pursue its legal right to recovery for the full amount where it would be unconscionable to insist on collecting the full amount of tax assessed and legally due.
This practice is known as 'equitable liability'. The term 'equitable liability' reflects the original principle of fairness to other creditors.
The Inland Revenue may be prepared to consider applying 'equitable liability' where it is clearly demonstrated that:
• the liability assessed is greater than the amount which would have been charged had the returns, and necessary supporting documentation, been submitted at the proper time.
• acceptable evidence is provided of what the correct liability should have been.
In such cases the Inland Revenue may be prepared to accept a reduced sum based on the evidence provided, and not to pursue its right of recovery for the full amount.
The Inland Revenue would expect full payment to be made of the reduced sum. Furthermore, it would be most unusual for such treatment to be applied more than once in favour of the same taxpayer.
In determining the revised liability, the Inland Revenue will have regard to all the relevant circumstances of the case. Acceptable evidence of the reduced liability must be produced. It will not be sufficient to seek to replace the assessment merely with the taxpayer's or the accountant's estimate of the liability.
In order to make a claim for equitable liability you need a tax accountant like Taxfile in South London and Exeter to help you explain your circumstances and make sure the concept of equitable liability is applied and your tax affairs are dealt with in an equal and fair way.

Taxman's new power

Is taxman going too far? This is the question we have to ask ourselves today. The taxman has been given the authority to bug people's phones and read their emails and letters.

In order to reassure taxpayers, the Inland Revenue declared that these new powers will not be used in routine tax investigations. As noticed by Sunday Times ''one area where the new regulations could have an impact is against those who failed to come forward during HMRC’s partial amnesty for offshore account holders. [...]HMRC offered a limited window of opportunity for taxpayers to disclose savings held in offshore accounts on which they had not paid tax.
About 45,000 people with bank accounts in tax havens such as the Cayman Islands and Isle of Man coughed up £400m by the November 26 deadline, but this may be only a fraction of the total held offshore. ''(Ali Hussain, Sunday Times, February 17, 2008)
Although the tax office has assured people that the powers will only be used in the most serious of cases, some experts have expressed concerns.

Mike Warburton of tax partners Grant Thornton said: “Once the new powers are available it will be very difficult to stop the taxman using them.''(Ali Hussain, Sunday Times, February 17,2008)

To surprise you even more, senior tax officials are being rewarded for failure as they are given record bonuses totalling more than £23 million this year despite the department continuing to lose £1 billion to fraud and error. This also came just three months after the department admitted it had lost computer discs containing the tax credit details of 25 million people.

In its defence, HMRC said that these payments were based on last year performances and those for the current financial year had not been set.

Taxile's tax accountants in South London and Exeter would like to know your opinion in these matters, so write your personal comments on our blog. Are you for or against the way the tax office handles their tax investigations? Do you think of it as an intrusion in people's life or is it in our best interest on the long run? Share today your thoughts with us,your opinion matters!

Overpayment of tax through PAYE

PAYE (Pay As You Earn) is the system used by employers and pension providers to deduct tax from your wages or pension. If you think you've paid too much Tax through PAYE you can contact Taxfile's tax accountants in South London and they will clarify that for you.

HM Revenue & Customs (HMRC) gives you a tax code that shows your employer or pension provider how much tax to deduct from your wages or pension before you get paid. You'll find your tax code on your P45 or your wages/pension payslip.

It is possible you might have overpaid tax in the following circumstances:
• you started a new job and had an emergency tax code for a while
• you were only employed for part of the year
• your employer was using a wrong tax code
• you're a student who only worked at holiday times
• you had more than one job at the same time
• you stopped working and didn't get any taxable earnings or benefits for the rest of the year
• your circumstances changed - for example you retired, were made redundant or became self-employed
• you have taken a pension in the form of a lump sum rather than a small monthly amount (this is known as 'trivial commutation'), the rate of tax you pay on the lump sum could be higher than the basic rate of tax you pay over the year and could cause an overpayment.

Any overpaid tax from previous years will we calculated by the tax office and they will send you a refund in the post or through bank transfer.

What you need to bear in mind is that you can only reclaim overpaid taxes for up to a maximum of six years previous to the current tax year.

Penalties Reform - The Next Stage

Hello self-employed taxpayers,

I hope you enjoyed your holidays. I'm sure it might be quite difficult for those of you who haven't submitted your tax return yet with the the deadline coming soon.
Now, you might wonder what this Next Stage is all about!
Well, as part of ''The Review of Powers, Deterrents and Safeguards HMRC has been developing ideas and consulting on how to modernise and align civil financial penalties.[...]The first substantial measure,[...] was a single new penalty regime for incorrect returns for income tax, corporation tax, Pay As You Earn(PAYE), national insurance contributions(NICs) and value added tax(VAT)(the main taxes)''(HMRC and the Taxpayer, Modernising Powers, Deterrents and Safeguards, Penalties Reform:The Next Stage.Consultation Document 10 January 2008).
In other words, the Tax Office wants to make sure that people do pay the right amount of tax and at the right time. The payment of taxes together with the repayments and reliefs cannot be voluntary or arbitrary. They must be governed at all times by a framework of rules
and obligations. According to HMRC, these penalties should influence behaviour, should be effective and fair.
Penalties have been considered in the following categories:
•incorrect returns
•failure to notify a new taxable activity
•late filing and late payment
•record keeping and information powers failure
•other regulatory failures.

There will be no penalty where taxpayers make a mistake or misinterpret the law despite taking reasonable care in completing their returns.
To make sure your tax return is submitted correctly and in time visit Taxfile's tax accountants in South London or Exeter and they will do it on your behalf.

Rent a Room Scheme

If you're thinking about letting furnished rooms in your home, you may want to take advantage of the special Rent a Room Scheme . Under this scheme you can be exempt from income tax on profits from furnished residential accommodation in your only or main home if the gross receipts you get (that is, before expenses) are £4,250 (£2,150 if letting jointly) or less. But you can't then claim any of the expenses of the lettings.
A lodger can occupy a single room or an entire floor of your home. It does not apply if your home is converted into separate flats that you rent out. In this case you will need to declare your rental income to HM Revenue & Customs (HMRC) and pay tax in the normal way. Nor does the scheme apply if you let unfurnished accommodation in your home.
There are certain advantages and disadvantages of using this scheme -Taxfile in South London and Exeter can help you choose the best option according to your specific circumstances. Their tax accountants will work out whether you're better off joining this scheme or declaring all of your lettings income and claiming expenses on your tax return.
The main point to bear in mind is that if you are in the Rent a Room scheme you can't claim any expenses relating to the letting (for example, wear and tear allowance, insurance, repairs, heating and lighting).
If you don't normally receive a tax return and your receipts are below the tax-free thresholds for the scheme, the tax exemption is automatic so you don't need to do anything.
If your receipts are above the tax-free threshold, you must tell your Tax Office - you can do this by completing a tax return and claiming the allowance.

That's all for today. Next week we will discuss, in more detail, the allowable expenses that you can deduct from your lettings income, provided you don't use the Rent a Room scheme.

CIS Contractor Monthly Return

CIS contractors must complete and file a tax return to the HM Revenue and Customs every month showing the payments made to all subcontractors as well as the tax deducted. The contractor needs also to show the verifications referances against all those subcontractors from whom the contractor had to deduct a higher tax rate.
Even if no payments were made to subcontractors, contractors still need to submit a monthly return , in this case a nill return.
Starting from 19th October, HMRC will start charging building contractors penalties for late returns. The contractor monthly returns should be submitted to the Inland Revenue by the 19th of every month. After this date, any return not received from contractors by the due date will be liable to a fixed penalty of £100 and a further penalty for every additional month that the return remains outstanding.
There are three ways to submit the return:
•on papar through the post
•online through the HMRC website
•electronically through Electronic Data Interchange or through approved third-party software.

Yesterday, the 26th October, HMRC showed some sympathy towards contractors' late returns due to the postal strikes. Those who file electronically have no problem submitting their returns. ''Nil returns can continue to be made by telephone and HMRC are also prepared exceptionally, during continuing disruption, to accept paper returns at their Enquiry Centres.
There are likely, however, to be some contractors whose returns, will not be received by the 19th October, even though posted in what would normally be good time to meet the deadline. HMRC are prepared to consider these cases sympathetically.
Contractors can make nil returns and get further assistance by telephoning the CIS Helpline on 0845 366 7899.''(HMRC)
Taxfile in South London and Exeter can help you filing your monthly return making sure it is done in due time. Their tax accountants will also be able to verify your subcontractors with HMRC in order for you, the contractor to deduct the right amount of tax.

Confused about your tax code?

A tax code is usually made up of one letter and several numbers, for instance 161L or K567 . A tax code is used by your employer or pension provider to calculate the amount of tax to deduct from your pay or pension. If you have the wrong tax code you could end up paying too much or too little tax.
The letters in your tax code have different meanings:
• L- for those tax payers that are eligible for the basic personal allowance or those that are on the emergency code.
• T-if there are any other items HM Revenue and Customs (HMRC) needs to review in your tax code.
• P- for persons aged 65 to 74 and eligible for the full personal allowance.
• V-for persons aged 65 to 74, eligible for the full personal allowance and the full married couple's allowance (for those born before 6 April 1935 and aged under 75) and estimated to be liable at the basic rate of tax.
• Y-for persons aged 75 or over and eligible for the full personal allowance.

If your tax code has two letters but no number, it normally indicates that you have two or more sources of income and that all of your allowances have been applied to the tax code and income from your main job:
•BR-Is used when all your income is taxed at the basic rate - currently 22 per cent (most commonly used for a second job)
•D0-Is used when all your income is taxed at the higher rate of tax - currently 40 per cent (most commonly used for a second job)
•NT-Is used when no tax is to be taken from your income or pension.

Your employer will use an emergency tax code when you start a new job and your pay is above the PAYE threshold or when you declare on your P46 that this is your only job. Also your employer will use the emergency tax code if you don't give him/her a P45 when starting a new job.
Taxfile in South London and Exeter can help you sort out your tax code and make sure you pay the right amount of tax.
If you have paid too much tax under the PAYE code , Taxfile's tax accountants in Tulse Hill you will get in touch with the Inland Revenue and request a refund on your behalf.

Is Your Estate Excepted From IHT?

(for UK domiciliaries only)

From 6 April 2004, there are two types of estates are qualified to be excepted from IHT for UK domiciliaries.

1. Low valued estates
When the total value of estates does not exceed the inheritance tax threshold, then those estates do not suffer IHT.

Which threshold should be applied is determined by the date of deceased’s death. If the death was between 6 August and 5 April in any one tax year, or between 6 April and 5 August with the grant of representation taken after 5 August, you should use the threshold of that tax year in which the death happened. If death was between 6 April and 5 August, but the grant of representation was taken before 5 August, the threshold should be used is the one from the tax year of one year earlier.

2. Exempt estates
No IHT is payable when either Spouse/Civil Partners Exemption or Charity Exemption applies and the gross value of the estates is less then £1 million.

Spouse/Civil Partner Exemption can only be deducted if both spouses or civil partners have always been domiciled in the United Kingdom, if one of the spouse/ partners is domiciled outside of UK at the time of transfer of estates, the exemption is limited to £55000. And charity exemption can only be deducted if the gift is an absolute gift to the organisation concerned.

Both types of estates must be subject to the following conditions in order to be exempted from IHT:

• the deceased died domiciled in the United Kingdom,
• if the estate includes any assets in trust, they are held in a single trust and the gross value does not exceed £150,000 (unless the settled property passes to a spouse or civil partner or to a charity when the limit is waived),
• if the estate includes foreign assets, their gross value does not exceed £100,000,
• if there are any specified transfers(transfer the estate to somebody as a gift, the value does not exceed £100,000 if the transfer is within 7 years of death, and this transfered estate does not get involved into any trust), their chargeable value does not exceed £150,000, and
• the deceased had not made a gift with conditions attached
• the deceased did not have an alternatively secured pension fund, either as the original scheme member or as the dependant or relevant dependant of the original scheme member

Well financial planning with the help of Taxfile will significantly save your IHT, just feel free to visit our offices in
South London and Exeter to get professional advise from our
tax experts.