August 2022 | DSK Partners LLP

Using Advisory Fuel rates

Posted on August 4, 2022 by

The easiest way to ensure that no car-fuel benefit charge (for private journeys in a company car) is payable, is to use the advisory fuel rates published by HMRC to repay any private fuel costs to your employer. The advisory fuel rates are intended to reflect actual average fuel costs and are updated quarterly.

However, the car-fuel benefit charge will still be payable if it cannot be demonstrated to HMRC that the driver of the car has paid for all fuel used for private journeys, this includes commuting to and from work. To ensure that this does not occur, employees will need to keep a log of private mileage.

The latest advisory fuel rates became effective on 1 June 2022 and the next set will take effect on 1 September 2022. Fuel rates are reviewed four times a year with changes taking effect on 1 March, 1 June, 1 September and 1 December. You can use the previous rates for up to 1 month from the date the new rates apply.

If you have a company car and your employer pays for all your petrol you will need to work out your actual private mileage for 2022-23, multiply this by the appropriate advisory fuel rate, and pay this amount to your employer.

This will avoid being charged the expensive car-fuel benefit – in many cases the tax saved will be more than the amount of your repayment to the employer.

Source: HM Revenue & Customs Tue, 02 Aug 2022 00:00:00 +0100

Scope of Trade

Posted on August 4, 2022 by

There is no statutory definition of ‘trade’. The only statutory reference to the term is that ‘trade’ includes a ‘venture in the nature of trade’. This absence of a formal definition decides if an activity is a trade more difficult. However, over time the courts have set some established guidance.

It is clear from the significant amount of case law on this subject that a decision on whether there is a trade is a grey area. However, even having established that a trade, or a venture in the nature of trade, exists, the next question to consider is the scope of that trade.

HMRC’s internal guidance on this matter states as follows:

In many cases the nature and extent of a particular trade is never explicitly considered. This is particularly the case where there is no dispute about the nature of the trade, whose scope is implicitly understood and accepted.

However, the scope of a particular trade is fundamental when questions arise concerning:

whether particular receipts are income of the trade,
whether expenditure is incurred wholly and exclusively for the purposes of the trade, or
whether expenditure is capital or revenue for tax purposes.

One trader’s sale, or purchase, of a fixed capital asset may be another trader’s sale, or purchase, of trading stock.

Source: HM Revenue & Customs Tue, 02 Aug 2022 00:00:00 +0100

Using the Annual Investment Allowance

Posted on August 4, 2022 by

The Annual Investment Allowance (AIA) is a generous tax relief that was first introduced in 2008. The AIA allows for the total amount of qualifying expenditure on plant and machinery to be deducted from profits before tax.

The AIA can be claimed by an individual, partnership or company carrying on a trade, profession or vocation, a UK non-residential property business or a furnished holiday let. Only partnerships or trusts with a mixture of individuals and companies in the business structure are unable to qualify for AIA.

The AIA was permanently set at £200,000 for all qualifying expenditure on or after 1 January 2016. Following the pandemic, this limit has been temporarily increased to £1 million until 31 March 2023.

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.

A claim for AIA must be made in the period the item was bought. This date is defined as the date when a contract was signed – if payment is due within 4 months of the contract being signed – or the actual payment date if it’s due more than 4 months later.

Companies also have the option to claim the super-deduction for purchases of qualifying equipment up to 31 March 2023. As this relief effectively provides a 130% deduction, this would be a better choice under most circumstances. Unfortunately, this super-deduction is only available to companies. The best choice for the self-employed is the AIA.

Source: HM Revenue & Customs Tue, 02 Aug 2022 00:00:00 +0100

Miscellaneous income

Posted on August 4, 2022 by

There are special rules known as the miscellaneous income sweep-up provisions that seek to charge tax on certain income. This unusual provision, which is broad in scope, catches income that would not otherwise be charged under specific provisions to Income Tax or Corporation Tax.

Amongst the types of income covered are:

payment for a service where it was agreed that the service would be provided for reward.
income received under an agreement or arrangement, which is not otherwise taxable.
payment for the use of money that is not interest or does not fall within the loan relationships legislation.

HMRC is keen to stress that although the provisions are sweep-up provisions, this does not make all miscellaneous income taxable.

Specifically, the provisions do not tax:

capital accretions on isolated transactions in assets.
voluntary receipts such as gifts and gratuities.
gambling winnings from wagers and bets.
certain post-cessation receipts.

Source: HM Revenue & Customs Tue, 02 Aug 2022 00:00:00 +0100

Duty free limits if you are travelling abroad

Posted on August 4, 2022 by

Here is a reminder of any duty payable and tax-free allowances if travelling abroad this summer.

If you are travelling from outside the UK and arriving home in Great Britain (England, Wales and Scotland), you are allowed to bring the following back to for your own use without any UK tax or duty liabilities.

200 cigarettes or 100 cigarillos or 50 cigars or 250g of tobacco or 200 sticks of tobacco for electronic heated tobacco devices. This allowance can be split, so you could bring in 100 cigarettes and 25 cigars (both half of your allowance).
18 litres of still table wine.
42 litres of beer.
4 litres of spirits or strong liqueurs over 22% volume or 9 litres of fortified wine (such as port or sherry), sparkling wine or other alcoholic beverages of less than 22% volume. This allowance can be split, for example you could bring 4.5 litres of fortified wine and 2 litres of spirits (both half of your allowance).
£390 limit for of all other goods including perfume and souvenirs. If you are lucky enough to be arriving by private plane or boat for pleasure purposes, you can bring in goods up to the value of £270 tax free.

Northern Ireland

There are no limits on tobacco or alcohol brought into Northern Ireland from another EU country. This means that no duties or tax will be payable as long as you can demonstrate that the goods are for your own use and that you paid the relevant taxes and duties on the purchase.

However, HMRC provide the following guidelines as to an acceptable maximum for personal use. If you exceed these limits, you are more likely to be subject to further questioning.

800 cigarettes
200 cigars
400 cigarillos
1kg of tobacco
110 litres of beer
90 litres of wine
10 litres of spirits
20 litres of fortified wine (for example port or sherry).

Source: HM Revenue & Customs Tue, 02 Aug 2022 00:00:00 +0100

Month: August 2022

Using Advisory Fuel rates

Scope of Trade

Using the Annual Investment Allowance

Miscellaneous income

Duty free limits if you are travelling abroad

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