Correcting errors on VAT returns

Where an error on a past VAT return is uncovered, businesses have a duty to correct the error as soon as possible. As a general rule, any necessary adjustment can be made on a current VAT return. However, in order to be able to do so, there are three important conditions that must be met:

  1. The error must be below the reporting threshold.
  2. The error must not have been deliberate.
  3. The error can only relate to an accounting period that ended less than 4 years ago.

Under the reporting threshold rule, businesses can make an adjustment on their next VAT return if the net value of the errors is £10,000 or less. The threshold is further increased if the net value of errors found on previous returns is between £10,000 and £50,000 but does not exceed 1% of the box 6 (net outputs) VAT return declaration figure for the return period in which the errors are discovered.

VAT errors of a net value that exceed the limits for correction on a current return or that were deliberate should be notified to HMRC using form VAT 652 (or providing the same information in letter format) and should be submitted to HMRC's VAT Error Correction team.

HMRC can also charge penalties and interest if an error is due to careless or dishonest behaviour.

Source: HM Revenue & Customs Wed, 09 Dec 2020 00:00:00 +0100

HMRC crackdown on avoidance schemes

HMRC and the Advertising Standards Authority (ASA) have come together to jointly target misleading marketing by promoters of tax avoidance schemes. HMRC and the ASA can jointly issue an Enforcement Notice to companies irresponsibly advertising tax arrangement schemes in a bid to clamp down on those breaking the rules.

The ASA is clear that advertisers are required to ensure that their marketing communications are legal, comply with the law and do not incite anyone to break it.  As such, ads for any arrangements or schemes which are illegal will break the ad rules as well as the law.

HMRC has also launched a new campaign titled ‘Tax avoidance: don’t get caught out’ warning and educating contractors about how to identify if they are being offered a tax avoidance scheme, and the pitfalls of using these schemes. The campaign urges taxpayers to help avoid unwittingly entering into arrangements that HMRC are likely to be seen as tax avoidance.

The campaign is asking the public to:

  • stop – don’t sign anything that you are uncomfortable with or don’t understand
  • challenge – check for warning signs. If you’re unsure, seek independent professional advice
  • protect – if you think you have been offered a tax avoidance scheme, report it to HMRC. Or if you need help getting out of one, contact us.

For example, a number of schemes have targeted workers returning to the National Health Service (NHS) to help respond to the coronavirus (COVID-19) outbreak.

Source: HM Revenue & Customs Wed, 09 Dec 2020 00:00:00 +0100

Could the Trader Support Service help your business?

The new Trader Support Service has been designed to help businesses moving goods under the Northern Ireland Protocol from 1 January 2021, after the Brexit transition period comes to an end. There will be changes in moving goods between Great Britain and Northern Ireland whether or not a Free Trade Deal is reached.

If your business is moving goods between Great Britain and Northern Ireland or bringing goods into Northern Ireland from outside the UK then you need to be prepared. It is vitally important that you consider how you will move goods in and out of Northern Ireland after 1 January 2021. Under the Northern Ireland Protocol, all Northern Ireland businesses will continue to have unfettered access to the whole UK market. 

Since the Trader Support Service, backed by up to £200 million of UK government funding, was launched more than 7,000 businesses have signed up. A new contact centre has also been opened to support businesses with the registration process. 

The Trader Support Service:

  • will complete digital processes on behalf of all businesses moving goods into Northern Ireland under the Northern Ireland Protocol;
  • remove the need to purchase specialist software;
  • saves traders significant time in completing declarations;
  • reduces traders’ declaration costs as the service is free-to-use.

Businesses who sign up for the service will receive full guidance and support on the next steps to take as the 1 January 2021 approaches. This includes online training sessions and webinars to help give businesses the skills and expertise they need to ensure their Great Britain / Northern Ireland trade continues to operate smoothly.

Source: HM Revenue & Customs Wed, 09 Dec 2020 00:00:00 +0100

VAT on delivery charges

The process for working out the VAT treatment of delivery charges can be quite complex.

We have listed below some of the main issues to bear in mind when deciding whether or not VAT needs to be applied.

  • No charge for delivery. HMRC’s guidance is clear that if delivery is free, or the cost is built into the normal sales price, VAT is accounted for on the value of the goods based on the liability of the goods themselves. This applies whether or not delivery is required under the contract.
  • Goods on approval. Where you are delivering goods on approval this service is not classed as delivered goods. In this case, the delivery service is a separate VATable supply.
  • Additional charge for delivery.  There is a single supply of delivered goods for which the VAT liability is based on the VAT liability of the goods.
  • Delivery is not required. If delivery is not included in a contract to supply goods, then the delivery charge is liable to VAT at the standard rate irrespective of the VAT liability of the goods supplied. This assumes the delivery is within the UK.
  • Separate charge for packing. A separate packing service for which a charge is made will be standard-rated within the UK.
  • Food deliveries. The rules as to whether VAT is payable on delivery charges for food follows the VAT liability of the food. For example, the supply of hot takeaway food is usually standard-rated for VAT and a delivery charge would also be subject to VAT.

Where there is a mix of zero-rated and standard-rated items delivered, or where goods are delivered internationally, the situation can be more complex and further attention may be required.

Source: HM Revenue & Customs Wed, 09 Dec 2020 00:00:00 +0100

Employing domestic staff

When you employ someone to work in your home it is your responsibility to meet the employee's rights and deduct the correct amount of tax from their salary. This can include employees such as a nanny, housekeeper, gardener or carer. The rules are different if the person is self-employed or paid through an agency.

If you employ anyone they must:

  • have an employment contract
  • be given payslips
  • work no more than the maximum hours allowed per week
  • be paid at least the national minimum wage.

Your employee is also entitled to standard employee rights such as statutory maternity pay, statutory sick pay, paid holiday, redundancy pay and a workplace pension once they meet the standard eligibility requirements. An employee must also have minimum notice periods if their employment is to end. Note, that these rules apply even if the employee works on a part-time basis although some payments depend on earnings or may be adjusted pro-rata.

It is also your responsibility to register as an employer, check any employees are allowed to work in the UK and to have employer’s liability insurance. There are different rules if you have an au pair because they are not usually considered to be workers or employees.

Source: HM Revenue & Customs Wed, 09 Dec 2020 00:00:00 +0100

New Christmas grant for pubs

The Prime Minister, Boris Johnson, has announced an additional one-off £1,000 Christmas grant for wet-led pubs in tiers 2 and 3 who will miss out on much needed business during the busy Christmas period. 

A wet-led pub is a bar which doesn’t serve food and relies almost entirely on the sale of drinks for its business. This means that most wet-led pubs will be closed for the festive period. The £1,000 payment will be a one-off for December and will be paid on top of the existing £3,000 monthly cash grants for businesses.

Under the current rules only pubs that serve substantial meals are allowed to operate under Tier 2 restrictions with premises in Tier 3 only allowed to offer a takeaway service. 

Prime Minister Boris Johnson said:

'Pubs are at the heart of communities across the country and they have been among the businesses which have suffered the most during the pandemic.

While we can’t make up for all the trade they will lose over Christmas, I hope this new £1,000 grant – on top of the furlough, VAT and business rates relief and existing grants, goes some way to help them weather the economic storm.'

Eligible wet-led pubs across tiers 2 and 3 are invited to apply for the Christmas grant through their local authority. 

Source: Department for Business Enterprise and Regulatory Reform Wed, 09 Dec 2020 00:00:00 +0100

Do you owe CGT on the sale of a residential property?

HMRC has issued a press release to remind taxpayers that have sold a residential property, which was not their main home, during the 2019-20 tax year that the payment date for any Capital Gains Tax (CGT) owed is 31 January 2021.

Due to the impact of Coronavirus, there are options available to defer payments due on 31 January 2021 and pay by instalments over 12 months. This includes a self-serve Time to Pay facility online for debts up to £30,000 or by arrangement with HMRC. Interest will be applied to any outstanding balance from 1 February 2021.

The payment of CGT only applies to the sale of any residential property that does not qualify for Private Residence Relief (PRR). The PRR relief applies to a qualifying residential properly used wholly as a main family residence.

CGT is normally due on property sales such as:

  • a property that you have not used as your main home;
  • a holiday home;
  • a property which you let out for people to live in;
  • a property that you’ve inherited and have not used as your main home.

The CGT reporting and payment date for UK residents that sell a residential property changed from 6 April 2020. This change means that any CGT due on the sale of a residential property now needs to be reported and a payment on account of any CGT due made within 30 days of the completion of the transaction.

Source: HM Revenue & Customs Wed, 09 Dec 2020 00:00:00 +0100

SDLT change for mixed use buildings

HMRC’s published guidance on the application of the 3% higher rate of Stamp Duty Land Tax (SDLT) has been updated. The higher rates of SDLT were introduced on 1 April 2016 and apply to purchases of additional residential property such as buy to let and second homes.

At the time the new higher rates were introduced, HMRC confirmed that where there was a purchase of mixed use buildings consisting of residential and non-residential properties that the 3% higher rate of SDLT applied to the dwelling element.

HMRC’s guidance on this issue was updated on 13 November 2020. The new guidance makes it clear that HMRC’s view has changed and that the 3% surcharge will not apply to the dwelling element. The guidance adds the caveat that the non-residential element of the transaction is neither negligible nor artificially contrived.

This change could allow affected purchasers to claim back any overpaid SDLT on mixed use, multiple dwelling transactions from HMRC within the legal time limits. HMRC’s guidance also suggests that purchasers can now make a non-statutory clearance application in the event of uncertainty over a transaction. 

Source: HM Revenue & Customs Wed, 09 Dec 2020 00:00:00 +0100

Double entry demystified

Most business owners will know the difference between a profit statement and a balance sheet.

Both are created from a process known as double-entry bookkeeping.

If asked to consider two aspects of a £50 purchase from a stationery store, most would say that their cash reserves have dropped by £50 and the store’s cash reserves had increased by the same amount. This is true, but double entry bookkeeping looks at the two-fold aspect of any transaction from one point of view.

In the above example, the purchaser has incurred a cost for stationery and reduce their bank balance by £50. In bookkeeping parlance, stationery costs are debited with £50 and their bank account is credited with the same amount.

Debits are plus amounts and credits are minus amounts. Roll out this process to all transactions in a year and they will sum to zero. This zero result proves that your accounts balance.

In a profit statement, debits for costs are shown as expenses and credits for sales and other income sources are shown as sales or income. If debits (costs) are more the credits (income) you have made a loss, and visa versa, more credits than debits you have made a profit.

Your balance sheet, made up to the same date, will show all assets (debits) less all liabilities (credits). The difference between these two amounts will demonstrate if you have more assets than liabilities – you are solvent – or more liabilities than assets – insolvent. Most balance sheets label this figure as Net Assets/(Liabilities).

The bottom end of the balance sheet shows how the net assets/liabilities have been acquired or financed. Usually, this is your capital stake in the business (credits) plus any retained profits (credits).

Source: Other Mon, 07 Dec 2020 00:00:00 +0100

Beware requests from bogus charities

It has been estimated that almost £350,000 of charitable donations last year ended up in the pockets of criminals.

Government recently issued advice to reduce this activity. They said:

The vast majority of fundraising appeals and collections are genuine, however criminals can set up fake charities, or even impersonate well-known charitable organisations, to deceive victims.

Action Fraud has teamed up with the Charity Commission, the regulator and registrars of charities, and the Fundraising Regulator, the independent regulator of charitable fundraising in England, Wales and Northern Ireland, to help the public make sure their donations go to the right place this Christmas.

Clearly, this bogus activity represents just a small proportion of overall donations made to reputable charities, but donors should be wary. Further advice to donors included in their press release says:

  • Make sure the charity is genuine before giving any financial information. Look for the registered charity number on their website. You can check the charity name and registration number at www.gov.uk/checkcharity;
  • You can also check if a charity is registered with the Fundraising Regulator. All charities registered here have made a commitment to good fundraising practice;
  • If you’re approached by a collector on the street or at your door, ask to see the collector’s ID badge. You can also check whether the collector has a licence to fundraise with the local authority, or has the consent of the private site owner;
  • Don’t click on the links or attachments in suspicious emails, and never respond to unsolicited messages and phone calls that ask for your personal or financial details – even if it’s in the name of a charity
  • To donate online, type in the address of the charity website yourself rather than clicking on a link. If in any doubt, contact the charity directly about donating;
  • Be cautious when donating to an online fundraising page. Fake fundraising pages will often be badly written or have spelling mistakes. When donating to an online fundraising page, only donate to fundraising pages created by someone you know and trust.

After making these checks, if you think that a fundraising appeal or collection is fake, report it to Action Fraud online or by calling 0300 123 2040.

Source: Other Mon, 07 Dec 2020 00:00:00 +0100