Corporation Tax increases from April 2023

The Corporation Tax main rate will increase to 25% from 1 April 2023 for companies with profits over £250,000. A Small Profits Rate (SPR) of 19% will also be introduced from the same date for companies with profits of up to £50,000 ensuring these companies pay Corporation Tax at the same rate as currently.

Where a company has profits between £50,000 and £250,000 a marginal rate of Corporation Tax will apply that bridges the gap between the lower and upper limits. The lower and upper limits will be proportionately reduced for short accounting periods of less than 12 months and where there are associated companies.

The effect of marginal relief is that the effective rate of Corporation Tax gradually increases from 19% where profits exceed £50,000 to 25% where profits are more than £250,000.

The amount of Corporation Tax to pay will be found by multiplying your profits by the main rate of 25% and deducting marginal relief. For the fiscal year 2023, the marginal relief fraction will be 3/200.

For some businesses, it may be prudent to reconsider associated company relationships before April 2023 to avoid partial loss of the lower 19% rate or marginal taper relief.

Source: HM Treasury Tue, 22 Nov 2022 00:00:00 +0100

CGT tax-free allowance reducing

In the Autumn Statement, the Chancellor announced that the annual exempt amount applicable to Capital Gains Tax (CGT) is to be more than halved next year. This rate had previously been fixed at £12,300 from April 2021 to April 2026 for individuals, personal representatives, and certain trusts for disabled people. 

The exempt amount will now be reduced to £6,000 from April 2023 before being further halved to £3,000 from April 2024. 

Any taxpayers that are thinking about the disposal of assets should consider the benefits of crystalising gains before 6 April 2023 to fully utilise the £12,300 allowance for 2022-23. 

Married couples and civil partners both qualify for the £12,300 allowance in which case organising joint ownership of these assets before disposal may be beneficial if each individual partner is not fully utilising their 2022-23 annual allowance. 

Transfers between spouses and civil partners are exempt from CGT. Making use of the full allowance can, in some circumstances, effectively double the CGT exemption before the end of the current tax year to £24,600.

CGT is normally charged at a simple flat rate of 20% and this applies to most chargeable gains made by individuals. If taxpayers only pay basic rate tax and make a small capital gain, they may only be subject to a reduced rate of 10%. Once the total of taxable income and gains exceed the higher rate threshold, the excess will be subject to 20% CGT. 

A higher rate of CGT applies to gains on the disposal of residential property (apart from a principal private residence). The rates are 18% for basic rate taxpayers and 28% for higher rate taxpayers.
 

Source: HM Treasury Tue, 22 Nov 2022 00:00:00 +0100

Reminder of working from home allowances

Employees who work from home may be able to claim tax relief for bills they pay that are related to their work.

Employers may reimburse employees for the additional household expenses incurred through regularly working at home. The relief covers expenses such as business telephone calls or heating and lighting costs. Expenses that cover private and business use (such as broadband) cannot be claimed. Employees may also be able to claim tax relief on equipment they have bought, such as a laptop, chair or mobile phone.

Employers can pay up to £6 per week (or £26 a month for employees paid monthly) to cover an employee’s additional costs if they have to work from home. Employees do not need to keep any specific records if they receive this fixed amount.

If the expenses or allowances are not paid by the employer, then the employee can claim tax relief directly from HMRC. Employees will receive tax relief based on their highest tax rate. For example, if they pay the 20% basic rate of tax and claim tax relief on £6 a week, they will receive £1.20 per week in tax relief (20% of £6). Employees can claim more than the quoted amount but will need to provide evidence to HMRC. HMRC will accept backdated claims for up to 4 years.

Employees may also be able to claim tax relief for using their own vehicle, be it a car, van, motorcycle or bike. As a general rule, there is no tax relief for ordinary commuting to and from the place of work. The rules are different for temporary workplaces where the expense is usually allowable or if an employee uses their own vehicle to undertake other business-related mileage.

Note, that if an employee agreed with their employer to work at home voluntarily, or they choose to work at home, they cannot claim tax relief on the bills they have to pay. If an employee previously claimed tax relief when they worked from home because of coronavirus (COVID-19), they might no longer be eligible for relief.

Source: HM Revenue & Customs Tue, 22 Nov 2022 00:00:00 +0100

MTD for ITSA

The introduction of Making Tax Digital (MTD) for Income Tax Self-Assessment (ITSA) is set to commence from April 2024. This means that clients who have not yet prepared for the change have less than 18 months to choose and begin using approved software.

MTD for ITSA will fundamentally change the way businesses, the self-employed and landlords, interact with HMRC. The regime will require businesses and individuals to register, file, pay and update their information using an online tax account. The rules will initially apply to taxpayers who file Income Tax Self-Assessment tax returns with business or property income over £10,000 annually.

General partnerships will not be required to join MTD for ITSA until a year later, in April 2025. The date other types of partnerships will be required to join will be confirmed in the future. A new system of penalties for the late filing and late payment of tax for ITSA will be aligned with the introduction of MTD for ITSA.

The MTD regime started in April 2019 for VAT purposes when businesses with a turnover above the VAT threshold were mandated to keep their records digitally and provide their VAT return information to HMRC using MTD compatible software. Since April 2022, MTD has been extended to all VAT registered businesses with turnover below the VAT threshold of £85,000.

Source: HM Revenue & Customs Tue, 22 Nov 2022 00:00:00 +0100

Personal tax allowances frozen to April 2028

Chancellor Jeremy Hunt announced as part of the Autumn Statement measures that the Income Tax thresholds will be maintained at their current levels for a further two years until April 2028. This will see the personal tax allowance frozen at £12,570 through to April 2028. The existing thresholds for the basic rate and higher rates of tax have also been frozen.

In addition, the Income Tax additional rate threshold will be reduced from £150,000 to £125,140 with effect from 6 April 2023. This means that from April 2023, the higher rate 40% Income Tax will apply to those with taxable income between £37,701 to £125,140 and the additional rate 45% Income Tax will apply to those with taxable income over £125,140.

Taken together this means that more taxpayers will be pushed into paying higher taxes as income increases at a far faster rate than the frozen tax bands. This phenomenon is known as fiscal drag. The freezing of most of the Income Tax allowance and rates at current levels until 2028 means that many taxpayers will pay more Income Tax as their income increases with no corresponding increases in their allowances.

This change could also see more taxpayers having their taxable income boosted into the 40%, or 45%, Income Tax bands. It has been estimated that 250,000 taxpayers will be paying the additional rate of Income Tax of 45% from next April.

In order to reduce the impact of these changes’ taxpayers may be advised to consider taking future increases in earnings in a tax-free format, for example as additional pension contributions.

Regional variations to Income Tax rates currently apply in Scotland and the 2023-24 Scottish Budget is set to be published on 15 December 2022.

Source: HM Treasury Tue, 22 Nov 2022 00:00:00 +0100

CGT – share exchange

One of the more ‘niche’ measures introduced as part of the Autumn Statement measures related to Capital Gains Tax: Share for Share Exchange. 

This is intended to stop UK tax being avoided by non-UK domiciled individuals on chargeable gains made on the disposal of a UK business, or income received in respect of shares or securities held in a UK business, by exchanging securities in a UK company for securities in a non-UK holding company. 

The new measure took effect for share exchanges or schemes of reconstruction conducted on or after 17 November 2022. The measure only applies to holdings greater than 5% in ‘close’ companies.

The measure deems shares and securities in a non-UK company received in exchange for share or securities in a UK company to be located in the UK for the purpose of Capital Gains Tax.

Non-domiciled individuals will now pay tax on gains or income received from the shares or securities in the non-UK company, in the same way as if they were in a UK company.
 

Source: HM Revenue & Customs Tue, 22 Nov 2022 00:00:00 +0100

Tax Diary December 2022/January 2023

1 December 2022 – Due date for Corporation Tax payable for the year ended 28 February 2022.

19 December 2022 – PAYE and NIC deductions due for month ended 5 December 2022. (If you pay your tax electronically the due date is 22 December 2022).

19 December 2022 – Filing deadline for the CIS300 monthly return for the month ended 5 December 2022. 

19 December 2022 – CIS tax deducted for the month ended 5 December 2022 is payable by today.

30 December 2022 – Deadline for filing 2021-22 self-assessment tax returns online to include a claim for under payments to be collected via tax code in 2023-24.

1 January 2023 – Due date for Corporation Tax due for the year ended 31 March 2022.

19 January 2023 – PAYE and NIC deductions due for month ended 5 January 2023. (If you pay your tax electronically the due date is 22 January 2023).

19 January 2023 – Filing deadline for the CIS300 monthly return for the month ended 5 January 2023. 

19 January 2023 – CIS tax deducted for the month ended 5 January 2023 is payable by today.

31 January 2023 – Last day to file 2021-22 self-assessment tax returns online.

31 January 2023 – Balance of self-assessment tax owing for 2021-22 due to be settled on or before today unless you have elected to extend this deadline by formal agreement with HMRC. Also due is any first payment on account for 2022-23.

Source: HM Revenue & Customs Mon, 21 Nov 2022 00:00:00 +0100

Fiscal drag

You may have encountered this phrase, fiscal drag, in recent weeks, particularly if following the Autumn Statement announcements last week.

A large part of Chancellor Hunt’s announcements confirmed that rates and allowances for Income Tax are to be frozen at current levels until April 2028.

Your immediate response to this news may have been one of ‘underwhelm’. No changes so no worse-off.

But in many cases, this would be an incorrect assumption.

As we are frequently reminded, with inflation currently running at over 11%, you would need to secure a pay increase of 11% to maintain the purchasing power of your take-home pay.

Unfortunately, if you are already a taxpayer, you would need a pay increase in excess of 11% to maintain your spending power.

For example, freezing your annual tax-free personal at the current £12,570 means any additional income you earn will by taxed (on the assumption that you are already paying tax) and it will be payable at your top rate.

In certain circumstances, this may mean paying tax at higher rates for the first time.

This double hit on your earnings, from inflation and tax on pay increases, will likely result in falling disposable income in the coming years.

May be time to dust off ideas for additional income streams?

Source: Other Mon, 21 Nov 2022 00:00:00 +0100

More on HMRC payment plans

Businesses and self-employed people in financial distress, and with outstanding tax liabilities, may be eligible to receive support with their tax affairs through HMRC’s Time To Pay service.

An online payment plan for Self-Assessment tax bills can be used to set up instalment arrangements for paying tax liabilities up to £30,000. Taxpayers that qualify for a Time to Pay arrangement using the self-serve Time to Pay facility online, can do so without speaking to an HMRC adviser. The service will create a bespoke monthly payment plan based on how much tax is owed and the length of time needed to pay. The service was used by over 142,000 taxpayers for the 2021-22 tax year to spread the cost of over £475m in tax.

Taxpayers that want to use the online option for their 2021-22 tax return must meet the following requirements:

  • have filed their tax return for the 2021-22 tax year;
  • owe less than £30,000;
  • plan to pay their debt off within the next 12 months or less.

Taxpayers with Self-Assessment tax payments that do not meet the above requirements need to contact HMRC to request a Time To Pay arrangement. These arrangements are agreed on a case-by-case basis and are tailored to individual circumstances and liabilities.

HMRC will usually offer taxpayers the option of extra time to pay if they think they genuinely cannot pay in full now but will be able to pay in the near future. If HMRC do not think that more time will help, then they can require immediate payment of a tax bill and start enforcement action if payment is not forthcoming.

Source: HM Revenue & Customs Tue, 15 Nov 2022 00:00:00 +0100

Declare COVID support payments received

HMRC is reminding Self-Assessment taxpayers that they must declare COVID-19 grant and support payments in their tax return for the 2021-22 tax year.

Most COVID support scheme grants are treated as taxable income in the same way as other taxable receipts and need to be reported to HMRC. This means that if you received a taxable support payment during the 2021-22 this needs to be reported on your tax return. This applies to self-employed, partnerships and businesses.

Many of the grants fell into the previous tax year but more than 2.9 million people claimed at least one Self-Employment Income Support Scheme (SEISS) payment in the 2021-22. These grants are taxable and should be declared on tax returns for the 2021-22 tax year before the deadline on 31 January 2023.

The SEISS application and payment windows during the 2021-22 tax year were:

  • SEISS 4: 22 April 2021 to 1 June 2021
  • SEISS 5: 29 July 2021 to 30 September 2021

HMRC’s guidance is clear that whether or not any tax is paid will depend on the business profits of the grant recipient (taking into account the grant and other business income and expenditure under normal tax rules), any other taxable income they may have and their personal and any other allowances to which they are entitled.

HMRC also has the power to recover payments and charge penalties where claimants have made support grant claims to which they were not entitled. There is no requirement to report COVID welfare payments made by a council such as those that were made to help with council tax payments and housing benefit.

HMRC may be able to help those who are unable to pay their tax bill in full by arranging an affordable payment plan, known as a Time to Pay arrangement. Most taxpayers can apply online to make this arrangement.

Source: HM Revenue & Customs Tue, 15 Nov 2022 00:00:00 +0100