Are mega sized marshmallows zero-rated?

In the UK most basic food stuffs are zero rated. However, the definition of 'basic' is not straightforward and many of the foods are zero rated as a result of historical legislation dating back to the introduction of VAT in 1973.

Famously, cakes are zero rated but not all biscuits are zero rated. However, biscuits wholly or partially covered in chocolate are standard rated. This topic was the subject of a landmark case concerning Jaffa Cakes way back in 1991. The VAT Tribunal had to decide whether a Jaffa Cake was a cake or a biscuit (in case you were wondering, the court ruled it was a cake and hence zero rated)!

Since then, there have been many cases looking at the VAT liability of various foodstuffs. The most recent case concerned the VAT liability of a specific brand called Mega Marshmallows. The confectionery firm in question had won a First-Tier Tribunal (FTT) decision.

The conclusion reached by the FTT was that Mega Marshmallows are not confectionery and that the supply was therefore zero-rated. This was based on findings that Mega Marshmallows are sold and purchased as a product specifically for roasting and are therefore ingredients used in cooking (on a barbecue), rather than sweets. The FTT considered the marketing, the packaging, the size of the product, the positioning in supermarkets and the seasonal fluctuation in sales when reaching its findings.

HMRC appealed their demand for over £472,000 of VAT to the Upper Tribunal. The Upper Tribunal found there was no error of law in the FTT’s decision. The appeal was therefore dismissed. Another interesting case and success for the taxpayer on the VAT liability of a ‘sweet’ product.

Source: Tribunal Mon, 08 Jul 2024 00:00:00 +0100

Labour win landslide election result

As had been widely predicted, the results at the polls have seen the Labour Party back in power after 14 years in opposition. Labour have swept into power with their second-largest majority whilst the Conservative Party have had their worst ever result in terms of the number of seats won.

We should expect Labour to fulfil their election pledges and make their reported tax changes that were included in their manifesto.

These changes, which Labour say will make the tax system fairer include the following:

  • Ending tax breaks for private schools, which exempt them from VAT and business rates.
  • Closing the loopholes which allow some ‘non-dom’ mega rich people who live in the UK to avoid paying tax.
  • Introducing a proper windfall tax on the huge profits of the energy giants.

But the new government has pledged not to increase National Insurance, VAT or Income Tax.

The new Chancellor, Rachel Reeves was formally appointed on 5 July 2024. In her first speech as Chancellor on 8 July 2024, she confirmed that a Budget will be held later this year alongside a forecast from the Office for Budget Responsibility. The government must provide the Office of Budget Responsibility (OBR) with 10 weeks’ notice meaning that the Budget will not take place before mid-September. 

Source: HM Revenue & Customs Mon, 08 Jul 2024 00:00:00 +0100

Inheritance and tax

As a general rule, an individual who inherits property, money or shares is not liable to pay tax on the inheritance. This is because any Inheritance Tax (IHT) due should be paid out of the deceased’s estate before any cash or assets are distributed to the heirs. However, the recipient is liable to income tax on any profit earned after the inheritance, such as dividends from shares and to capital gains tax on the increase in value on assets after the date of inheritance.

The main exception is if you received a gift during a person's lifetime. These lifetime transfers are known as Potentially Exempt Transfers (PETs). These gifts or transfers achieve their potential of becoming exempt from IHT if the taxpayer survives for more than seven years after making the gift. If the taxpayer dies within 3 years of making the gift, then the IHT position is as if the gift was made on death.

A tapered relief is available if death occurs between three and seven years after the gift is made. There are insurance products such as a seven-year term assurance policy that can be used to reduce the amount of IHT due should the taxpayer pass away within seven years of making a gift.

The situation is more complicated if the person giving the gift does not fully give up control over the assets concerned. A common example is a person giving their house away but continuing to live in it rent-free. Such gifts are known as 'gifts with a reservation of benefit'. These gifts can remain subject to IHT even if the taxpayer dies more than 7 years later. There can also be a liability to IHT if an inheritance you receive is placed into a trust and the trust cannot or does not pay any tax due.

Source: HM Revenue & Customs Mon, 08 Jul 2024 00:00:00 +0100

Company filing obligations

It is important that anyone responsible for the accounts and tax filing regime for private limited companies is aware of their obligations.

After the end of its financial year, a private limited company must prepare full annual accounts and a company tax return. The deadline for filing the first set of accounts with Companies House is 21 months after the date the company was registered with Companies House. Annual accounts must be submitted 9 months after the company’s financial year ends.

There is a fixed date for the payment of Corporation Tax which is 9 months and 1 day after the end of the relevant accounting period. Note that a company is usually required to pay the tax due in advance of the filing deadline for a company tax return.

In most cases a company’s tax return must be submitted within 12 months from the end of their accounting period. Online Corporation Tax filing is compulsory for company tax returns. Company tax returns have to be filed using the iXBRL data standard using either HMRC’s own software or third-party commercial software.

The accounting period for Corporation Tax is normally the same twelve months as the company financial year covered by the annual accounts. Note that there are penalties for late filing with Companies House and HMRC.

Source: Companies House Mon, 08 Jul 2024 00:00:00 +0100

Restarting a dormant company

HMRC must be informed when a non-trading or dormant company restarts trading and becomes active for Corporation Tax purposes. Companies can use HMRC Online Services to supply the relevant information. 

When a company has previously traded and then stops it would normally be considered as dormant. A company can stay dormant indefinitely, however, there are costs associated with doing this and certain filings must still be made to Companies House. The costs of restarting a dormant company are typically less than forming a new company. 

The following steps are required:

  1. Tell HMRC that your business has restarted trading by registering for Corporation Tax again.
  2. Send accounts to Companies House within 9 months of your company’s year-end.
  3. Pay any Corporation Tax due within 9 months and 1 day of your company’s year-end.
  4. Send a Company Tax Return – including full statutory accounts – to HMRC within 12 months of your company’s year-end.

Whilst reporting dates for annual returns and accounts should remain the same. The Corporation Tax accounting period is different and is set by reference to when the company restarts business activities.

Source: Companies House Mon, 08 Jul 2024 00:00:00 +0100

Exit plans

Exit can be seen as quitting, especially if the exit discussed is your business interests.

But actually, business exit planning is an essential part of general business planning. In some respects, it is the most important aspect of business development planning as it shines a light on the timing and value you can expect when you retire.

Without a formal exit strategy, you may rush into a sale or dissolution of your business that undervalues its worth when you decide to hang up your business boots.

Hopefully, when you do retire, it will be from choice. But don’t forget there are numerous factors, ill-health and economic uncertainties for example, that may force you hand, and as we all know, being required to quit is likely to result in your business being disposed of at an undervalue.

Much better to start the planning process now while you still have choices. For example:

  • Do you have family members you can groom for takeover?
  • Do you have a management team who might be interested in a buyout?
  • If you sell to interested third parties, at what value do you set your price tag?

And should you be linking up with an agency to handle the sale for you?

And finally, what are the tax consequences. How much of your likely sales proceeds will you be able to keep?

If you have not yet considered these issues please call so we can consider your options.

Source: Other Mon, 08 Jul 2024 00:00:00 +0100

New government

Our new government, and in particular, Rachel Reeves, the new Chancellor, will be responsible for raising the funds that our new government requires to finance its activities.

The government has already declared that it will not increase Income Tax, National Insurance or VAT and government borrowing has to remain within tight limits. In which case, the only source of new money has to come from revenues raised from economic growth – more activity, more tax revenues.

Rachel Reeves is no stranger to government financing as she was an economist at the Bank of England. It will be interesting to see how the Treasury manages government finances if growth is slow in the coming months. For example, will the new Chancellor find it necessary to raise other taxes to meet funding requirements.

Income Tax, National Insurance and VAT are our major taxes but there is speculation that Inheritance Tax, taxation of dividend income and perhaps Capital Gains Tax may come under the Chancellor’s microscope.

The Autumn review is the next “normal” time for the Chancellor to review the state of the UK’s finances but as our new government flexes its muscles, don’t be surprised if the Chancellor announces some changes in the coming weeks.

Source: Other Mon, 08 Jul 2024 00:00:00 +0100

Late night taxi for an employee

There is no specific requirement for employers to provide employees with transport home. Nevertheless, an employer has a duty of care to their employees, which means that they should take all steps which are reasonably possible to ensure their health, safety and wellbeing.

Ensuring that an employee gets safely home during unsocial working hours could fall within the employer's 'duty of care'. Often in these situations an employer will pay for a late night taxi for an employee to travel home from work. This can also happen where there is a breakdown in a car sharing arrangement.

There is usually a taxable benefit where an employer provides free transport or pays for transport for an employee’s journey between home and a permanent workplace. However, there is a special tax exemption available where employees are required to work late 'occasionally'.

The exemption applies only where the following conditions are satisfied:

  • The employee is required to work later than usual and until 9pm or later.
  • The occasions are irregular.
  • By the time the employee ceases work, either public transport has stopped, or it would not be reasonable to expect the employee to use public transport.
  • The transport is by taxi, hire car or similar private road transport.

There is also an overall maximum allowance of 60 qualifying journeys in a tax year. No tax relief is available where employees work late by choice, where late working is a regular feature of employment or where the employer does not reimburse travel expenses.

Source: HM Revenue & Customs Tue, 02 Jul 2024 00:00:00 +0100

Income Tax in Scotland

The Scottish rate of income tax (SRIT) is payable on the non-savings and non-dividend income of those defined as Scottish taxpayers.

The definition of a Scottish taxpayer is based on whether the taxpayer has a 'close connection' with Scotland or elsewhere in the UK. The liability to SRIT is not based on nationalist identity, location of work or the source of a person’s income e.g., receiving a salary from a Scottish business.

HMRC’s guidance states that for the vast majority of individuals, the question of whether or not they are a Scottish taxpayer will be a simple one – they will either live in Scotland and thus be a Scottish taxpayer or live elsewhere in the UK and not be a Scottish taxpayer. 

If a taxpayer moves to or from Scotland from elsewhere in the UK, then their tax liability for the tax year in question will be based on where they spent the most time in the relevant tax year. Scottish taxpayer status applies for a whole tax year. It is not possible to be a Scottish taxpayer for part of a tax year.

Residents may also need to pay Scottish Income Tax if they live in a home in Scotland and also have a home elsewhere in the UK. In this case, residents will need to identify which is their main home based on published guidance and the facts on the ground. Taxpayers may also be liable to SRIT if they do not have a home and stay in Scotland regularly, for example stay offshore or in hotels.

Source: The Scottish Government Tue, 02 Jul 2024 00:00:00 +0100

What your tax code means

The letters in your tax code signify your entitlement (or not) to the annual tax free personal allowance. The tax codes are updated annually and help employers work out how much tax to deduct from an employee’s pay packet. 

The basic personal allowance for the current (and next) tax year is £12,570. The corresponding tax code for an employee entitled to the standard tax-free Personal Allowance 1257L. This is the most common tax code and is used for most people with one job and no untaxed income, unpaid tax or taxable benefits (for example the use of a company car).

There are a range of numbers and letters that can appear in your tax code. For example, there are letters that show when an employee is claiming the marriage allowance (M) or where their income or pension is taxed using the Scottish rates (S). If your tax code numbers are changed this usually means your personal allowance has been reduced.

There are also emergency tax codes (W1 or M1) which can be used if a new employee does not have a P45. These codes mean that an employee’s tax calculation is based on what they are paid in the current pay period.

If your tax code has a 'K' at the beginning this means that deductions due for company benefits, state pension or tax owed from previous years are greater than your personal allowance. However, the tax deduction for each pay period cannot be more than half your pre-tax pay or pension.

It is important to check your tax code to ensure the correct information is being used. If you have any queries we can help, or you can check with your employer or HMRC.

Source: HM Revenue & Customs Tue, 02 Jul 2024 00:00:00 +0100