Guidance for paying deferred VAT updated

The coronavirus VAT payment holiday gave businesses the chance to defer the payment of any VAT liabilities between 20 March 2020 and 30 June 2020. The option for businesses to defer their VAT payments ended on 30 June 2020.

There are two options available for repaying this VAT.

  • The first option is to pay the deferred VAT in full on or before 31 March 2021. No interest or penalties will accrue on deferred payments that are paid by the new due date and there is no requirement to contact HMRC.
  • The second option is to further defer the amount of VAT due. The VAT deferral new payment scheme will allow businesses the option to pay the deferred VAT in smaller payments over a longer period. Instead of having to repay the full amount by 31 March 2021, businesses will now be able to make smaller interest-free payments during the 2021-22 financial year and thus complete payment of the VAT due by 31 March 2022. 

HMRC has now confirmed that the VAT deferral new payment scheme will be open from 23 February up to and including 21 June 2021. Nearly all businesses are expected to use HMRC’s online service to sign up. VAT registered businesses will need to opt in to the scheme and will not be able to use an agent to do this.

The new scheme will allow businesses to pay their deferred VAT in instalments without adding interest and select the number of equal monthly instalments from 2 to 11 (depending on when they join the scheme). Businesses will need to sign up by 19 March 2021 to benefit from the maximum number of instalments. Businesses must also meet certain conditions to use the scheme including being up to date with their VAT returns.

Anyone using the VAT Annual Accounting Scheme or the VAT Payment on Account Scheme, will be invited to join the new payment scheme later in March 2021.

Source: HM Revenue & Customs Wed, 17 Feb 2021 00:00:00 +0100

Tax breaks working from home

Employees who are working from home may be able to claim tax relief for any additional costs due to home working. No tax relief will be due if employers reimburse employees for the additional household expenses incurred.

The tax relief covers expenses such as business telephone calls or heating and lighting costs. Expenses that are for both for private and business use (such as broadband) cannot be claimed. Employees may also be able to claim tax relief on equipment purchased. For example, a laptop, chair or mobile phone.

Since 6 April 2020, 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 qualify for 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 would receive £1.20 per week in tax relief (20% of £6).

Employees can claim more than HMRC's fixed amounts but may need to provide evidence to HMRC of the amount claimed. 

Note, that if an employee is working at home voluntarily, they cannot claim tax relief.

However, these tax reliefs are available to anyone who has been asked to work from home due to the COVID-19 outbreak. 

Source: HM Revenue & Customs Wed, 17 Feb 2021 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

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

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

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

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

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

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