Archive for the ‘Tax Advise’ Category

What expenses are allowable against rental income?

Posted on July 26th, 2010 by Aziz  |  No Comments »

Broadly speaking, in calculating rental  profits a taxpayer can deduct business expenses so long as they are:

  • incurred wholly and exclusively for business  (rental) purposes; and
  • are not of a capital nature.

It is not possible to set out all the expenses that are allowable for tax purposes in all circumstances but some idea of the main types of expenses that are likely to arise in a rental business and also some idea of what can or cannot usually be claimed as a deduction in calculating rental business profits are covered in this post.

For an expense to qualify the business purpose must be the sole purpose. A non-business or private purpose prevents any deduction from business profits where there is no objective yardstick by which any business element can be distinguished from the non-business element.

Examples of deductible expenses include:

  • Repairs and maintenance;
  • Interest paid;
  • Capital allowances;
  • Wear and tear or renewals allowance;
  • Travelling expenses;
  • Legal and professional fees;
  • Managing agent’s fees;
  • Insurance;
  • Rents and ground rents paid;
  • Lighting, heating, cleaning, gardening, security, caretaking etc.;
  • Advertising;
  • Accountancy fees for preparing the accounts and agreeing taxation liabilities;
  • Council tax, business rates and water rates – if paid by the landlord;
  • Bad debts and the cost of pursuing debts;
  • Staff costs, including statutory redundancy pay and training.

Repairs and maintenance

  • Expenditure on repairs is deductible, including ordinary repairs and decorating before the building is first let;
  • Expenditure is not deductible for the cost of alterations and improvements, or the cost of bringing a newly bought building into a fit state for letting. These are capital expenses;
  • Expenditure reimbursed by insurance is not deductible.

Interest

Interest payable for the purpose of the property letting business can be deducted in the accounts. This includes interest on a loan to buy or improve the property or to fund repairs.

Travelling expenses

  • Travelling expenses are allowed if they satisfy the ‘wholly and exclusively’ rule. For example, the costs of travelling, solely for the purpose of the business, are allowed between let properties, or to a let property from the place where the rental business is administered;
  • Travelling expenses are not allowed if private purposes are included in the travel, such as personal shopping or family visits;
  • Where the business is administered from the landlord’s home, the cost of travelling from there to the properties is unlikely to be allowed if the home is far away from the properties, as the need for the journey is considered to be dictated by the personal preference of the landlord to live in a particular place, rather than the needs of the property business.

Legal and professional fees

  • Fees on the purchase of a property or for the first letting agreement are treated as capital expenses and are not tax-deductible, if they are for a period of more than a year;
  • Fees for a letting agreement of less than a year, or for renewing a lease for less than 50 years, are deductible;
  • Other professional fees, which are normally allowed, are those for insurance valuations, and for evicting an unsatisfactory tenant in order to re-let the property.

Income from property is affected by a large number of tax rules - the reasons for this are the variety of uses to which property can be put, and the different ways in which income and profits arising from property can be taxed. Substantial profits can be made on single transactions, making tax planning important. The large volume of tax legislation affecting property means that the precise way in which a transaction is structured can significantly affect the tax payable.

Please contact us to help you with your tax planning and for completing your tax returns.

How Long Should you Keep Your Tax Records?

Posted on July 19th, 2010 by Aziz  |  No Comments »

As a taxpayer, you need to keep records to support any of the entries in your Personal Tax Return.

If you’re in business or receive income from property renting, you’ll have to keep the back-up records for five years and ten months (in other words, 70 months) after the end of the tax year when the income was received.

If you don’t have business or rental income, the period of record-retention is reduced to 22 months.

From April 1996:

• the law requires you to keep records of information received from your employer and other records so that you can complete a tax return fully and accurately if you are asked to do so;

• employers must provide their employees with certain information that they need to help them fill in their tax returns (if they get one).

You should keep the following information you receive from your employer:

• P45 which contains details about your pay and tax. If you leave your job during the tax year, your employer will give you form P45. You should keep part 1A of this form.

• P60 containing details about your pay and tax. Your employer should give you this by 31 May after the end of the tax year (if you were in your job at 5 April).

• Details of your taxable expenses and benefits in kind (sometimes known as ‘P11D details’). Your employer should give you these by 6 July after the end of the tax year (if you were in your job at 5 April).

• Your employer may also give you information about expenses and benefits in kind you received which were included in a ‘dispensation’ or ‘PAYE Settlement Agreement’. These do not need to be included on your tax return.

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Tax Implications Of Private Use of Company Van

Posted on July 8th, 2010 by Aziz  |  No Comments »

Where as an employee your company van is made available to you for private use,  you will only be taxed on it if you actually use the van for private journeys.  Travelling from home to the main place work and vice versa are allowed without these being classed as private journeys.  Furthermore, you are allowed insignificant private use without any tax implications.  Examples of these include stopping at a newsagent on the way to work or calling at the dentist on your way home. If these circumstances do apply to you then it would be best:

  • To keep a mileage record on the use of your van
  • Sign an agreement with your employer saying that the van is only to be used for business and insignificant private use and for travelling between your home and the main place of work.

Where the company van is available for private use and you use it for private journeys, this will raise a taxable benefit in kind of £3,000 per annum. For a basic rate tax payer, this would result in £600 tax bill per year. Further, if you are also allowed free or subsidised fuel, this will result in additional benefit in kind of £500 per annum, resulting in a further tax bill of £100 per year if you are a basic rate tax payer.

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Tax Review Through Form 810

Posted on July 6th, 2010 by Aziz  |  No Comments »

A few people are lucky enough not to have the burden of completing a Self Assessment tax  form every year. The Taxman may still keep an eye on you now and then to make sure you are paying the right amount of tax. He will do this by asking you to complete a form called 810.

The taxman  may issue  form 810 every three years. on some ocassions he may issue it more frequently. If you are issued this form, there is no penalty for not filling the form.  However, if more tax is due to the Taxman you may end up with interset to pay plus penalties for late payment. By not completing the form you could lose tax refund that may be due to you.  So it is good practice to keep HMRC informed of change in your income.  Where you do not complete the annual Self Assement  form, form 810 is a good way to keep the taxman informed.

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Paying Spouse Or Children Wages To Reduce Your Tax

Posted on May 26th, 2010 by Aziz  |  No Comments »

Your spouse/civil partner may not have any income at all, and almost certainly your children don’t. This means their personal allowance is being wasted every year. Even children are entitled to a personal allowance.

If the amount up the level at which national insurance becomes payable of £5,715 in 2010/11 was paid to them as wage, they would pay no tax on it and your business profits could be reduced.

Please note that children under the minimum school leaving age can only work a limited number of hours per week and local by-laws may restrict their working hours further.

If you pay just 20% income tax and 8% Class 4 National Insurance this would save you £1600 every year on each salary. And how many children do you have?

STOP! It’s not quite that simple. To pay wages like this you need to follow the following rules:

  • It must be for work actually done. Now it’s going to be tough to argue your 2-year-old son is working for you but many wives/husbands do work and mature children may also help out.

    May be they do the books, answer the phone, stuff envelopes, etc. Keeping out of your way so you can get on doesn’t count, as valuable as it may be. Draw up a list of their responsibilities to help your case.

  • At present they do it for free because it’s a family business but they should and can be paid for it. If you make your spouse a director, all the responsibilities of this imposed by Company Law must be worth something.
  • You can also do this where you have property that you rent out and the spouse manages the properties.
  • If this is the case, it’s reasonable to pay them a salary commensurate with what they actually do. How much would it cost to get someone in to do that job? The minimum wage level is at least a good place to start but more if you can justify it.
  • The amount must actually be paid. It’s no good the accountant just putting it through the accounts at the end of the year.

    Pay it, ideally through the bank rather than cash so that it’s easy to prove it’s been paid and record it in your accounting records.

  • Comply with any PAYE procedures such as getting a P46 signed, completing an end of year PAYE forms as you would do for normal staff. Remember, it may also help keep up their National Insurance contribution record even if they don’t pay any National Insurance on the salary.

Payroll Taxes

Posted on May 19th, 2010 by Aziz  |  2 Comments »

Irrespective of the form of business in which you operate, if you are going to have employees, then you will have to contend with payroll taxes.  The brief summary that follows will give you some guidance in the rules and regulations of H M Revenue & Customs.

Helpful publications

H M Revenue & Customs publish various booklets relating to how PAYE is operated and the legislation that you have to comply with.  Not only do you collect and remit PAYE to the Collector of Taxes on behalf of H M Revenue & Customs, you also operate the sick pay scheme and maternity pay scheme.  You should run the PAYE scheme in accordance with the legislation and should you fail to comply then H M Revenue & Customs will look to you for the tax or NIC you failed to deduct.  This can be costly if you are unable to recover the tax and NIC from the employee.

Do you have employees?

Whether an individual is an employee or not in a particular situation is a question of fact depending on the terms on which he works.  The question of whether an individual is employed or self-employed is very important for the business “employing” him or her, as that business has to comply with the reporting requirements.

In certain areas H M Revenue & Customs has placed emphasis on reclassifying individuals claiming to be self employed and has issued leaflet IR56 entitled “Tax: employed or self employed”.  This booklet sets out the questions that should be answered to determine the problem.  If you have treated someone as self employed and subsequently after a routine visit from H M Revenue & Customs it is clear that they were employees, then the tax and NIC which should have been paid will be assessed on you.  Therefore it is important to ensure when using the services of self employed people, that they are in fact self-employed. If doubt exists as to the status of an individual, the situation can be clarified with H M Revenue & Customs.

The Operation of a PAYE Scheme

Upon registration H M Revenue & Customs will send to you guidelines on operating PAYE, National Insurance, Statutory Sick Pay and Statutory Maternity Pay (employer’s pack). Included will be a number of forms with which to operate the PAYE and NIC system.  You should familiarise yourself with and have supplies of these forms, which are as follows:-

P11 Deduction working sheet
P46 Notification to the Inland Revenue where no code has been notified to the employer and application for coding
P46(Car) Notification of a car provided for the private use of an employee or a director
P45 Details of employee leaving
P14/P60 End of year return and employers certificate
P35 Employer’s annual statement
P38A Employer’s supplementary return
P11D Expenses and benefits
P9D Expenses payments and income from which tax cannot be deducted.

In order to calculate the amount of tax and national insurance due by an employee, H M Revenue & Customs will supply you with sets of tables.  By reference to the “tax free” tables and an employee’s tax code you will be able to calculate the amount of salary that is not subject to tax.  The difference between this figure and the gross amount is the employee’s taxable pay.  This can then be calculated by reference to another set of tables.  The employer’s and employee’s national insurance is calculated by reference to the gross pay with a third set of tables.  Special rules exist for the calculation of national insurance for directors.

The tax and national insurance should be paid to H M Revenue & Customs by the 19th of the month following that in which the salaries were paid.

In most businesses, the directors, and often the employees, have benefits that are not immediately taxed through the PAYE system, the most usual being the provision of a car and possibly fuel.  Class 1A national insurance contributions are due on the taxable value of these benefits in kind and are due on the 19 July following the fiscal year in which the benefits are made available.  In addition, H M Revenue & Customs requires on an annual basis, a form P11D (Return of expenses payments and benefits) for all directors irrespective of income and all employees receiving remuneration including the benefit in excess of £8,500.  For those employees earning less than £8,500 but who receive expense payments and benefits, a form P9D is required.

A form P46(Car) needs to be completed quarterly on 5 July, 5 October, 5 January and 5 April if any employees have been provided with or have changed their company car.  Further details are given on the taxation of company cars in Inland Revenue leaflets IR132 and IR133.  H M Revenue & Customs will still require form P11D to be submitted annually in addition to the P46 (car) forms.

Please contact us for further help.

Flat Rate Scheme Can Help The Admin & Save You Money

Posted on April 23rd, 2010 by Aziz  |  No Comments »

The flat rate scheme for small businesses is designed to simplify the completion of VAT returns for small businesses but it can also save you money. Do not confuse this scheme with the flat rate scheme for farmers, which is completely different.

What happens is that rather than calculate the output and input VAT due every quarter, you simply apply a set percentage to your gross turnover (including the VAT charged to your customers) on a quarterly basis and this is the VAT due to HMRC.

To use the scheme your annual taxable supplies (excluding VAT) must be less than £150,000. Total income includes all income falling within UK VAT, which includes zero rated and exempt supplies such as letting a residential building, but not services supplied to customers outside the UK.  If you want to exclude certain income from the Flat rate VAT scheme, such as let property income, you must ensure that income is received by a different legal person than that which is applying for the scheme. . You must also not already use another special VAT scheme such as the second hand goods or tour operators scheme.

The fixed percentage that you apply depends on the particular trade sector that the majority of your business falls into. The percentages vary from 5% to 14.5%. The turnover to apply the percentage to includes all zero rated and exempt income.

To use the scheme you need to apply to HMRC.

If you buy any capital assets such as computers costing over £2000 each, you can apply to get the VAT back on these separately.

The scheme is designed to save on the administration costs of completing VAT returns, although you do still need to raise VAT invoices for your sales applying VAT at the normal VAT rate.

However it is also worth calculating how much VAT you would pay on this scheme compared to what you pay without the scheme to see if there is a VAT saving to be made by switching to this scheme. There is often a saving where you have a low value of purchases for your business sector, or make sales that fall into more than one trade sector.

So go check it out.

Please contact us for further help

The Big Argument of Dividends Versus Salary

Posted on April 20th, 2010 by Aziz  |  No Comments »

What’s the argument? In the vast majority of situations with a small limited company, dividends are the answer and yet it’s still amazing the number of companies that don’t use them to their full effect.

Let’s go through the argument based on the normal small businesses situation, not all the more complicated scenarios only relevant to very high earners already taking large salaries and deciding to whether to take their bonus as salary or dividend or where the company is making more than £300,000 per year.

We’re interested in how you get your basic money out of the company. Let’s keep it simple because it’s not complicated…

  • If you pay a salary, it attracts both employees National Insurance (mainly at 11%) and Employers NI (mainly at 12.8%). Dividends have no NI. It’s that simple!
  • The corporation tax situation is that by using dividends, the company doesn’t get any deduction from its profits so it is paying 21% corporation tax. As an individual in the 40% rate tax band you will pay a further 22.5% on the amount of the gross dividend paid out by the company.  If you are paying basic rate tax you will pay nothing more on the dividend you receive.
  • For simplicity, we will add the tax paid by the company to the tax you pay personally and call the total tax paid either 21% tax for basic rate taxpayers and 43.5% for the 40% band taxpayers.
  • If you pay a salary, you are largely paying either 20% basic rate tax or 40% rate tax so we can see the tax differences are small compared to the National Insurance benefits.

Please contact us for further help.

How much money are we talking about?

Take a straightforward situation of a small Limited Company where the choice is between taking £40,000 salary or £40,000 dividend. If we just look at the National Insurance savings, these come to around £8000 per year. It’s obvious which to go for and yet often small businesses are not doing this. It’s the one of the biggest sins in tax planning not to have considered it.

Are there any reasons why they wouldn’t be using dividends? Occasionally there are…

  • If your company hasn’t made enough profits since it started to cover the dividends that you want to pay, then Company Law prevents dividends being paid.
  • If you want to pay a lot into pensions you used to need a salary high enough to justify the contribution, but that is no longer is a restriction for most pension schemes.
  • You believe you can only have a dividend once a year and you need your money every month. This isn’t true. There is no set interval for dividend payments prescribed by law. Quarterly payments are recommended but if you need monthly cash, that can be done.
  • You may not want to pay dividends because you have other shareholders that would need paying as well. You can look to get around this by using different classes of shares for different shareholders. More on this below.
  • Paying dividends may increase the value of the company for Capital Gains or Inheritance Tax consequences in the future. In the author’s experience, this rarely applies in practice with small companies.
  • You’re worried about the minimum wage legislation and believe you have to pay a salary to cover this. However, minimum wage legislation doesn’t apply to people living in a family and working in the family business. This doesn’t include Limited Companies but as far as working directors are concerned who don’t have an explicit contract of employment, they are not subject to minimum wage legislation, so don’t give them one.

Please contact us for further help

Claim Compensation From The Taxman When He’s Out Of Order

Posted on April 16th, 2010 by Aziz  |  No Comments »

You will not get compensation for everyday mistakes, at most an apology. Examples of this include errors in inputting tax return information, incorrect calculations, wrong penalty notices etc.

To get compensation you need serious or persistent errors. A serious error is something that no responsible person acting in good faith and with proper care could reasonably have done. Perhaps wrong advice from the Taxman that you relied upon.

A persistent error is one where the Taxman continued with the mistake after it had been pointed out to him or keeps making the same mistake or made several unconnected mistakes in the any twelve-month period.

The compensation you will get will cover putting the tax position back to where it should have been, reimbursement of expenses or financial loss and a consolatory payment

Penalties Following a Tax Investigation

Posted on April 13th, 2010 by Aziz  |  No Comments »

This is the final blog on a series of blogs on tax investigation. It covers penalties following a tax investigation. The other blogs covered Understand the Type of Tax Enquiry You Have, what triggers a tax inspection and tax inspection of your accounting records

Dealing With The Penalties

At the end of an enquiry or investigation, there may well be penalties to deal with.

Firstly, there is interest to pay but HMRC see this as just financial compensation for them not having use of the money from when it should have been payable and so is largely fair and at a reasonable interest rate.

However, penalties are also due. There is a new penalty regime for return periods starting on or after 1 April 2009 or where the due filing date is on or after 1 April 2009. In fact the new penalty system replaces all penalties for incorrect returns which lead to an underpayment of tax for income tax, corporation tax, PAYE, National Insurance and VAT.

Penalties under the new legislation are based on the potential lost revenue. The starting point for the maximum penalty depends on the behaviour that gave rise to the inaccuracy.

For unintentional errors…

  • Mistakes made despite taking reasonable care – no penalty.
  • Mistakes made where there is a lack of reasonable care (i.e. carelessness) – maximum penalty is 30% of the potential lost revenue.

For deliberate inaccuracies….

  • For deliberate mis-statements – maximum penalty is 70% of the potential lost revenue.
  • For deliberate mis-statements which are then concealed – maximum penalty of 100% of the potential lost revenue.

So the starting point involves an assessment of the behaviour that gave rise to the penalty. And what is reasonable care will vary from taxpayer to taxpayer and is judged on the circumstances and abilities of the individual.

The maximum penalties can be reduced based on the disclosure made by the taxpayer to the taxman. Where a disclosure is unprompted in that it is made at a time when the person making it has no reason to believe that HMRC have discovered or are about to discover the inaccuracy, the minimum penalties can be as follows…

  • For careless errors – 0% (as opposed to 30%)
  • For deliberate mis-statements – 20% (as opposed to 70%)
  • For deliberate mis-statements which are then concealed – 30% (as opposed to 100%)

However where a disclosure is prompted as opposed to unprompted the minimum penalties are as follows…

  • For careless errors – 15% (as opposed to 30%)
  • For deliberate mis-statements – 35% (as opposed to 70%)
  • For deliberate mis-statements which are then concealed – 50% (as opposed to 100%)

Please note that once an enquiry starts, it would be very rare for a disclosure to be unprompted if it is about something related to the enquiry.

How much the penalty is reduced from the maximum penalty to the minimum penalty is then based on the quality of the disclosure. The quality factors to consider are…

  • Telling HMRC about it – up to 30% reduction
  • Helping HMRC to quantify the inaccuracy – up to 40% reduction
  • Giving HMRC access to the records to ensure inaccuracy is fully corrected – up to 30% reduction

So for example, someone with a prompted disclosure of a deliberate mis-statement with concealment can have the penalty reduced from 100% to 50%. If you score 25%, 15% and 30% on the above 3 items, this will give a 70% reduction of the 50% reduction which is 35%. i.e. the penalty will be 100% less 35% = 65%!

If the penalty arose because you failed to take reasonable care, HMRC can suspend the penalty for a period of time, a bit like a suspended sentence. As long as you behave during that time, the penalty will not then be payable.

The Old Penalties

Although the new regime is coming in based on return dates, there will still be penalties around under the old rules for some time. So these are summarised here.

The starting point is 100% of the tax underpaid. That’s an awful lot and another good reason to get your Tax Return right in the first place.

However, the penalties will be mitigated downwards according to certain factors as follows:

  • Up to 40% discount relating to the amount of tax at stake.
  • Up to 40% discount for the degree of co-operation of the taxpayer.
  • Up to 20% discount for voluntary disclosure at an early stage.

In theory the penalty can go down to zero but this is rare. Something like a 10% to 30% penalty is more normal. If you disagree on the penalty, you can again make an appeal.

Please contact us for further help

Understand The Type Of Tax Enquiry You Have

Posted on April 9th, 2010 by Aziz  |  1 Comment »

The previous blogs on tax enquiry covered what triggers a tax inspection and tax inspection of your accounting records . This blog  takes this further by explaining  the type of tax enquiry you have.  Please remember you can sign up for our monthly tax tips news letter to receive equally helpful information straight into your inbox. Just  click here to sign up,

Technically HMRC  now start with enquiries rather than investigations into your Tax Return. Let’s start with the basic facts…

  • The enquiry may be an aspect enquiry into one aspect of your tax return or a general enquiry into the whole return.
  • Over 250,000 enquires are carried out every year and most are innocent enough affairs but if it leads to a full-blown investigation, it’s not nice.
  • The change to the self-assessment system has allowed HMRC to spend more time on enquiries and they have also put more and more resources into it.
  • Interestingly, most enquiries are into the affairs of men, rather than women.
  • HMRC are also becoming more business like, targeting the businesses where they are most likely to get a result.
  • Whether they admit it or not, HMRC do have internal targets for the number of investigations to be carried out that are there to be met.
  • HMRC may select you for enquiry for a reason or you may be chosen at random for a full enquiry.
  • The problem is, they don’t tell you whether you have been picked randomly or not, and they don’t tell you what they already know. They often indicate they know something to make you confess to perhaps more than they know about.
  • It all starts with a standard letter saying they are going to make an enquiry into your return and assuming you have an accountant, they will send a separate letter to them with the details of what their enquiries are. From this you can normally tell whether it is an aspect or general enquiry into the whole return.
  • Aspect enquiries do have the potential to turn into full enquiries. A full enquiry will turn into an investigation when it spreads over into looking into your affairs for more than one year.
  • With effect from 2007/08 onwards HMRC have one year after the date you file your tax return to enquire into it.
  • After that you are safe unless they make a discovery of fraudulent or negligent behaviour. In these cases they can go back up to 20 years, although 6 years is the norm. It therefore helps to give them all relevant information when submitting your return to help ensure finality.
  • Even your death isn’t the end of the matter as the enquiry can still continue through your representatives. In war, your death is the end, but not so with tax.

As an example, let us say the Taxman finds just £1000 of income that hasn’t been declared on a return, the tax on this could be £400.

If they can show this was likely (not proven) to have occurred for 6 years, that tax bill becomes £2400. Interest will now be due on this, which could perhaps be another £1000.

In addition, there can be a penalty that can be as much as the tax. And in some situations from 1 April 2011 this can be up to 200% of the tax for those with financial interests outside the UK who have failed to declare the full extent of their offshore liabilities.

You are now looking at a tax bill of up to £5800, just because they found £1000 of income missing in one year.

Imagine how much you’re looking at if £20,000 was missing from your accounts in a year.

Aspect enquiries often tend not to lead to fines and penalties but general enquiries are more likely to. Jail is always an option but very rare amongst small businesses and is reserved for cases of serious fraud.

Accountants are more likely to go to jail for tax evasion and no doubt lists of dodgy agents exist at local tax offices whose clients are therefore more prone to enquiry.

The problem with investigations is that the Inspector seems to have all the time in the world to go through your affairs with a fine tooth comb, to the extent of identifying what restaurants you eat in, where you go on holiday, etc. They do this to try to prove the income declared in your accounts cannot support your lifestyle. They may want detailed information going back years.

Can you…

  • Remember why you didn’t have any cash takings on the 3rd November 2001?
  • Identify where a banking in your private bank account 6 years ago for £123.18 came from?
  • Remember how much a week you spent on milk in 2002?

It’s not out of the question that some tax inspectors will want to know the answers and be suspicious if you can’t answer.

The taxpayer on the other hand has to pay an accountant and so time is often limited by cost constraints and even when you’ve done nothing wrong. It can end up being easier for some taxpayers to just give up the fight, particularly when the investigation has been going on for a couple of years.

Please note a full investigation can take years, not months to conclude.

Both the financial pressure and the pressure of just dealing with the investigation enquiries can be an enormous strain to taxpayers if they let it get on top of them. It’s important not to panic or be pressurised into surrendering.

Also, did you know accountancy expenses in dealing with a tax investigation are not usually deductible as an expense against tax.

Sometimes it doesn’t pay to own your own home, have savings, etc. There are some clients that just don’t worry about a Tax Investigation and are happy to concede whatever the Taxman wants. Often, these are clients with few assets who know that whatever the Inspectors finds, they can’t pay. If you haven’t got the assets to pay, HMRC aren’t going to be able to take anything from you. If this is the case with you, it helps to point this out at an early stage.

Remember also, ignorance of the law is no excuse. As Lord Denning once said, “ignorance is a misfortune, not a privilege.”

Tax Inspection Of Your Accounting Records

Posted on April 6th, 2010 by Aziz  |  1 Comment »

My previous blog posting covered the points on the triggers of tax inspection. This blog posting covers  inspection of your accounting records if the taxman decides to see all your accounting records. This includes bank statements, invoices, cheque stubs, paying in books, etc. It may also extend to items such as your work diary.

The issues revolving around this request are…

  • You may prefer not to send them to the Inspector as this allows them to go through them at their leisure but ask for the to be inspected at your accountant’s office. It’s not normally recommended to have inspections at your own premises due to the opportunity offered to raise even more questions based on what the Inspector sees there.
  • They are entitled to take copies of any documents and even take the originals away but you can argue you need them to run your business.  The more they have to copy perhaps the less likely they are to take as many.
  • Never, give them your records on computer disc as they have the technology to interrogate your computer records to raise even more questions. Always provide printouts.
  • Never, make up false invoices or records retrospectively as they have the technology to date the ink.
  • Many investigations arise when the Taxman doesn’t fully understand your business and perhaps why you make the profit margins you do. As a result the Taxman may start an investigation and start with asking to see all of your business records. If you give them to him you give control to the Taxman.

You could instead start by offering to explain to him your business and how it works which may reduce the necessity for him to widen the investigation into looking at your records.

  • They can only ask for information that is reasonable (fair & sensible) so don’t let them overstep the mark. Sometimes, a request for private bank statements is reasonable and sometimes not, especially on the first request for records

The reasons the inspector wants the private bank statements are:

  • He is looking for bankings that haven’t been taxed, particularly undeclared business takings. He is also on the look out for  sales of assets he wasn’t aware of and may want to know where you got the money from in the first place to buy them.
  • He may ask you to prove that all the income on your tax return, such as dividends is banked in your personal account. If not, this may mean there is a second undisclosed account around he would like to see!
  • He will also use your private bank statements to build a picture of the regular payments that go out of your account to get an idea of your lifestyle and see if you can afford it on the income you have declared. This information will then be used to catch you off guard at a meeting with him.
  • If he sees no cash withdrawals out of the account he may be suspicious as he may take the view no one can live without cash. However, you can get cashback in many shops these days on debit cards, state benefits could be paid to you in cash, or perhaps older children with jobs or your spouse have their own accounts that cash is got from for family use.

It is normally best to let the Inspector see the records first before meeting them otherwise you often end up with the Inspector wanting another meeting after they have gone through the records. Better to get it all sorted in one meeting if possible. That’s if you are going to have a meeting at all…

Please contact us to see how we can help

Tax advantages of being self-employed

Posted on March 29th, 2010 by Aziz  |  No Comments »

Here is a summary of the main tax advantages of self-employment:

Expenses to Claim

  • The cost of any goods or services you use fully for your business can be deducted from your sales revenue for tax purposes. Where an item is used partially for your business and partly for private purposes, such as your private car or home, you can claim the business proportion of the costs against your business profits. However, you must be able to justify the business proportion with evidence such as the miles driven, or space used by the business.
  • Capital allowances – if you purchase an item that is expected to last several years, such as a van, you can claim a special deduction known as a capital allowance. The first £100,000 you spend on equipment each year qualifies for 100% capital allowances in the year of purchase. This does not include cars.
  • Loan interest – if you take out a business loan the interest paid on that loan can be deducted from your sales revenue. The loan must be taken out to fund your business, rather than a personal loan or credit card borrowings.

Government Support

  • Government funding – if you live in an area in the UK that has been designated as a regeneration area you may qualify for a government funded programme to help people start their own businesses.
  • Charitable support is also available from the Prince’s Trust throughout Britain for those aged 18 to 30 who wish to start their own business.
  • Self-employed credit – if you have been registered as unemployed for at least six months you may qualify for a self-employed credit of £50 per week if you start your own business. Ask at your local Jobcentre Plus office for more details.
  • Working and child tax credits – You may qualify for these while you run your own self-employed business. Your tax credit award is based on your family’s joint income including your self-employed profits, but it will also be determined by the number of hours worked by the adults in the family, and the number of children aged under 16.

Please contact us to see how we can help you

Registering your new business

Posted on March 22nd, 2010 by Aziz  |  No Comments »

Starting your business as a self employed person is both an exciting and a challenging prospect. One key area you need to ensure is to register as self employed with taxman (HMRC). This post explains how you do this and time limits for you to register.

Time Limits

For National Insurance purposes make sure you are registered within three months from the end of the month in which became self employed. If you do not get around doing this it will result in £100 fine. Further, you will need to make payments of £2.40 per week for Class 2 National Insurance contributions. However, if your earnings are below the small earnings exception level – £5,075 for tax year 2009/10, you are not required to make any Class 2 National Insurance contributions.

How to Register

You have the following options to register:

  • Call the Self Employed Registration Helpline on 0845 915 4515 or
  • Completing CWF1 or mailing it to HMRC or
  • Registering online via the government gateway portal on www.hmrc.gov.uk.

Whichever method you choose to register you will need to provide the following information: full name, address, post code, date of birth, national insurance number and, if you decide to pay your Class 2 National Insurance through a standing order – your bank details.

Joint Notification

Once you have registered, this will act as joint notification of tax and national insurance. You will receive a 10 digit Unique Taxpayer Reference (UTR) and a blank tax return for you to complete for the year 2009/10.

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Tax Busting Check List

Posted on March 14th, 2010 by Aziz  |  No Comments »

The link below is to a check list on tax saving strategies.  It covers areas of tax savings that most small businesses should be looking at with their pro active accountant.

It should take you no more than 20 minutes to complete this check list.

Please feel free to contact us to arrange a one hour consultation with us to discuss any areas of tax savings.

Link to Tax Busting Check List: Tax Busting Check List