Scottish Budget 2021

Scotland’s Finance Secretary, Kate Forbes, has announced that the Scottish Government’s Budget will be published for 2021-22 on 28 January 2021. The date has been selected in order to allow the Scottish Government time to prepare for the new tax year.

This is the second time that Scotland has held a Budget before the rest of the UK. The announcement follows the UK Government’s decision to postpone its Autumn Budget until an unspecified date in the new year.

The Finance Secretary commented that:

‘Coming amidst an unprecedented global pandemic, the forthcoming Scottish Budget will be one of the most important since devolution.

It is my task to prioritise our resources as effectively as possible to drive the country’s economic recovery from coronavirus (COVID-19) while also managing the ongoing impact of the virus.

The Chancellor’s decision to delay the UK Autumn Budget until next year causes significant difficulties for the Scottish Budget process. Although we expect to receive some funding information from the UK Spending Review on 25 November, the absence of a UK Autumn Budget means we will have to make decisions based on partial and provisional information, with no indication of potential changes to UK tax policies.

In these circumstances, and to allow us to take account of the emerging position on any EU exit deal and also the evolving situation with COVID-19, I believe it is necessary to publish the Scottish Budget 2021-22 in early 2021, rather than later this year.’

The Scottish Parliament sets the Income Tax rates and bands for non-savings and non-dividend income in Scotland. Scottish taxpayers therefore pay Income Tax at separate rates and bands to the rest of the UK on their non-savings and non-dividend income.

Source: The Scottish Government Wed, 18 Nov 2020 00:00:00 +0100

Email to replace Companies House postal reminders

Companies House has issued a press release to remind all companies to sign up for email reminders for annual accounts and confirmation statement. Companies House has now stopped sending reminders by post and has sent a final reminder letter to all companies currently receiving paper reminders. The letter explains why Companies House has stopped the paper service. For example, that research has shown email reminders are more successful than paper reminders and users are more likely to file on time.

The change will also save Companies House around £1.2 million each year. This money will, according to Companies House, be reinvested into their products and services, to improve efficiency and improve the customer experience.

Companies House email reminder service sends an email when your company’s accounts and confirmation statements are due.

The service is free, and you can:

  • choose up to 4 people to receive a reminder (including an agent)
  • file your document immediately from a link within the reminder
  • receive reminders more conveniently
  • avoid late filing penalties by filing your accounts on time
  • use less paper, contributing to saving the environment

You must have registered to use Companies House online filing service before you can register for email reminders.

Source: Companies House Wed, 18 Nov 2020 00:00:00 +0100

Claiming the Self-Employed Income Support for first time?

The Government has confirmed that the Self-Employed Income Support Scheme (SEISS) grant extension will apply for 6 months from 1 November 2020. It will be possible to claim the SEISS grant extension even if no previous claim had been made under the scheme once the eligibility criteria are met.

The self-employed will receive 80% of qualifying average trading profits for the first claim under the extended scheme – November, December and January. This will mean a maximum grant for the three months of £7,500 made available to those who meet the eligibility requirements. The claim window for applying for the grant will open on 30 November 2020.

To be eligible for the scheme, self-employed individuals, including members of partnerships, must meet the following criteria:

  • have been previously eligible for the Self-Employment Income Support Scheme first and second grant (although they do not have to have claimed the previous grants)
  • declare that they intend to continue to trade and either are currently actively trading but are impacted by reduced demand due to coronavirus or were previously trading but are temporarily unable to do so due to coronavirus.

This level of support is based on similar terms and conditions to the support offered to employees. An additional second grant will be made available from 1 February 2021 to 30 April 2021. The level of this second grant amount is subject to review and will be set in due course. The grants are taxable income and also subject to National Insurance contributions.

Source: HM Revenue & Customs Wed, 18 Nov 2020 00:00:00 +0100

Bounce Back loans still available

The Bounce Back Loans scheme was launched in May 2020 to provide financial support to businesses across the UK that are losing revenue and seeing their cashflow disrupted as a result of the COVID-19 pandemic. The scheme allows small businesses to borrow between £2,000 and £50,000 and access the cash in most cases within 24 hours of approval.

The scheme was launched for an initial period of 6 months but has now been extended (together with all the government-backed loan schemes) until 31 January 2021. The loans come with a 100% government guarantee and businesses can apply for a loan of up to 25% of their turnover. The government will also pay the interest on these loans for the first 12 months and no repayments will be due during this time. After 12 months the interest rate will be 2.5% a year.

It is also now possible for businesses to ‘top up’ existing Bounce Back Loans should they need additional funding. This applies to businesses who borrowed less than their maximum loan allowance. Businesses will be required to fill out a separate application form, reaffirming the declarations made in the original application form and will only be able to make one top-up application.

The scheme is available through a network of 28 British Business Bank accredited lenders including the five largest banks. Banks will not perform any forward-looking test of business viability or other complex eligibility criteria for these loans. Businesses can instead apply for a loan online using a short and simple online form.
 

Source: Department for Business, Energy & Industrial Strategy Wed, 18 Nov 2020 00:00:00 +0100

£1 million Annual Investment Allowance extended

In a welcome move, the government has announced that the temporary Annual Investment Allowance (AIA) cap will be extended for a further 12 months until 1 January 2022. The government says that this move is intended to boost confidence as companies look to weather the pandemic and plan for the future. This should also encourage investment on qualifying plant and machinery over the next 12 months.

The AIA allows for a 100% tax deduction on qualifying expenditure on plant and machinery to be deducted from your profits before tax. The relief is normally capped at £200,000 per annum but was temporarily increased to £1 million for a 2-year period from 1 January 2019 to 31 December 2020.

This increased temporary limit is a generous allowance and should cover the annual spend of most small and medium sized businesses. The AIA is available for most assets purchased by a business, such as machines and tools, vans, lorries, diggers, office equipment, building fixtures and computers. The AIA does not apply to cars.

The extension in the temporary limit means that businesses thinking of incurring large items of capital expenditure will now have additional time to consider their options during these uncertain times. There are complex transitional rules so the timing of any purchase should be carefully considered.

Source: HM Government Wed, 18 Nov 2020 00:00:00 +0100

HM Treasury instructions re CJRS

An updated Treasury Direction under sections 71 and 76 of the Coronavirus Act 2020 concerning the extended Coronavirus Job Retention Scheme (CJRS) was published on 12 November 2020. The CJRS was due to come to an end on 31 October 2020 but has now been extended until 31 March 2021.

Effective 1 November 2020, employees will receive up to 80% of their salary for hours not worked. Any government contribution will be capped at £2,500 per month per employee. There will be a review date of the scheme in January 2021 which may see employers taking on an increased financial contribution from 1 February 2021, if the economic and health outlook show signs of improvement. A further Treasury Direction is expected to be published confirming any changes to the rules in early 2021.

There are a number of important changes to the way the revised scheme works that started to come into effect from 1 November 2020. This includes the following:

  • From 1 December 2020, HMRC will publish information listing employers who have used the scheme. This will include indicative details of the amount of money claimed (but not the exact amount). This information must be removed by HMRC 12 months after the date it was first published. An exception may be made where publication of this information could result in serious risk of violence or intimidation.
  • During November 2020, employers will be able to claim for employees who are serving a notice period. However, no CJRS claim can be made in respect of an employee that is serving notice between 1 December 2020 and 31 January 2021.
  • A furlough agreement needs to be in place before the start of the relevant claim period but can be subsequently varied. There was an opportunity to backdate agreements for the period from 1 to 13 November 2020. 
Source: HM Treasury Wed, 18 Nov 2020 00:00:00 +0100

Benefit conditions – Trivial benefits

The trivial benefits in kind (BiK) exemption applies to small non-cash benefits like a bottle of wine or a bouquet of flowers given to employees or any other benefit in kind classed as 'trivial' that falls within the exemption.

Although the benefit is defined as ‘trivial’, employers should remember that this offers a great opportunity to give small rewards and incentives to employees. The main caveat being that the gifts are not provided as a reward for services performed or as part of the employees’ duties. However, gifts to employees on milestone events such as the birth of a child or a marriage or other gestures of goodwill would usually qualify.

The employer also benefits as the trivial benefits do not have to be included on PAYE settlement agreements or disclosed on P11D forms. There is also a matching exemption from Class 1 National Insurance contributions.

The tax exemption applies to trivial BiKs where the BiK:

  • is not cash or a cash-voucher; and
  • costs £50 or less; and
  • is not provided as part of a salary sacrifice or other contractual arrangement; and
  • is not provided in recognition of services performed by the employee as part of their employment, or in anticipation of such services.

The rules also allow directors or other office-holders of close companies and their families to benefit from an annual cap of £300. The £50 limit remains for each gift but could allow for up to £300 of non-cash benefits to be withdrawn per person per year.  The £300 cap doesn’t apply to employees. If the £50 limit is exceeded for any gift, the value of the benefit will be taxable.

Source: HM Revenue & Customs Wed, 18 Nov 2020 00:00:00 +0100

Businesses within the scope of VAT in the UK

The VAT system is policed by HMRC who can and do levy penalties for breaches of the legislation.

There are four conditions that must be satisfied in order for an activity to be within the scope of UK VAT.

These conditions are that the activity:

  1. Is a supply of goods or services
  2. That the supply takes place in the UK
  3. Is made by a taxable person
  4. Is made in the course or furtherance of any business carried on or to be carried on by that person

The fourth point above is a condition that needs to be carefully considered when deciding whether an activity is within the scope of VAT. This concept of 'business' is one of the less well-known rules. However, this is an important condition that drives the decision should a business charge VAT on their sales, known as output VAT and on its ability to recover VAT, known as input tax.

The VAT concept of business is currently taken to be the same as the concept of 'economic activity' set out in European legislation. Therefore, if an activity falls within EU definition of economic activity it must be business in the UK. Both of these definitions are wide and, in some cases, have needed to be interpreted by the courts.

Source: HM Revenue & Customs Wed, 18 Nov 2020 00:00:00 +0100

Do you need a customs agent?

If your business acquires goods or sells goods to the EU, and you have no import/export trade with non-EU countries you probably have no experience of dealing with the raft of red tape involved in clearing goods through customs and settling any duties or VAT payable.

Affected businesses will need to abide by the new regulatory situation from 1 January 2021. Only a matter of weeks from now. They will need to employ someone or appoint a customs agency to undertake the necessary chores.

For most businesses, the latter option may be preferred. The Government has anticipated this need and there is a list of UK customs agents published on the GOV.UK website.

If you transport goods on behalf of EU or UK businesses, back and forth across the English Channel, the regulations your drivers will need to comply with from 1 January 2021 are significant.

Government has again stepped up and provided detailed guidance. You can Google and download a PDF copy of their Transporting goods between the UK and EU in a no-deal Brexit: guidance for hauliers on the GOV.UK website.

The outcome of current trade talks with the EU is still uncertain. However, whatever the outcome of these talks, UK firms involved in the acquisition and/or transport of goods to and from the EU will need to abide by the new regulations imposed as a result of our exit from the European Union.

Source: HM Government Wed, 18 Nov 2020 00:00:00 +0100

Those who shout loudest

Many of the business disruption grants that have become available in the last few weeks are being distributed by local authorities. They include support for:

  • Businesses obliged to close due to local or national lockdown and
  • Businesses that have been severely affected by local or national restrictions but are still trading.

Central government is funding these grants but responsibility for distributing the grants rests with local authorities in England. The regions are also receiving additional funds from central government which again will be distributed locally.

In all cases, business owners should be aware that:

  • Local Authorities (LA) have the freedom to determine the precise eligibility criteria for these grants.
  • Government does expect that funding will be targeted at: hospitality, bed and breakfast and leisure businesses.

LAs will also be expected to use their local knowledge when selecting recipients for grant funding.

If your business is affected, and if you have received no funding or clarification if you are eligible for funding, you may be advised to call your LA asap.

It is entirely possible that affected businesses will fall through any filtering process. In which case, lifting your hand to request a slice of available funding may be a wise move.

Source: Other Wed, 18 Nov 2020 00:00:00 +0100