Q. I act as a DJ for parties and other events. For themed parties (e.g. Halloween, 1970s) I wear clothes to suit the occasion. Can I claim the cost of those clothes as an expense in my self-employed accounts? A. The Taxman will not allow a deduction for the cost of ordinary clothes which are required “for warmth and decency”. However, where the item is needed for safety purposes, like a hard-hat on a building site, the cost is allowable. The same applies for the cost of a costume worn to identify the person in a role, such as a barrister’s legal wig and gown, then the cost is normally allowable. If your clothes amount to a costume for entertaining, then the cost is normally allowable. However, if you also wear those clothes as part of your everyday wardrobe for warmth and decency then the cost is not allowable. Try asking yourself: “would I wear this when I am not working as a DJ”. If the answer is ‘yes’, the cost is not allowable.

If you would like any further information, please do not hesitate to contact Southside Accountants Wimbledon & London.

Q. In September 2013 I started working through my own company but I haven’t drawn a salary yet. Can I award myself tax free childcare vouchers as an employee of my company? I was previously on a salary of £50,000 with my former employer. Would that affect the amount of childcare vouchers I can receive tax free in this tax year?

A. As an employee of your company you can receive childcare vouchers. The other conditions of a childcare voucher scheme must also be met, For example, all other employees of your company should be offered childcare vouchers on the same terms. Your previous salary is not relevant to the amount of tax free childcare vouchers you can receive from your current employer. If your expected salary for this tax year (don’t include dividends or bonuses you may receive), will be less than the basic rate band – pro rata over the rest of the year, you can receive the maximum of £55 of tax free childcare vouchers per week.

If you would like any further information, please do not hesitate to contact Southside Accountants Wimbledon & London.

The seed enterprise investment scheme (SEIS) is designed to help small companies raise modest amounts of funding (up to £150,000). The investor must subscribe for new shares issued by the company (not buy them from another shareholder), and in return he can claim income tax relief equal to 50% of the cost of those shares.

If the investor has made a capital gain in the same tax year as he makes the SEIS investment, up to 50% of the amount invested in SEIS shares can be set against that capital gain to reduce the CGT payable. This CGT reduction was 100% for gains in 2012/13, but is only 50% for gains arising in 2013/14.

That sounds wonderful, but there are a lot of conditions for the investor and the company to comply with before the SEIS tax relief can be given.

The first hurdle is to check if the company’s trade will qualify for SEIS relief. Many ‘safe’ financial trades such as banking, money lending, accountancy or legal services are excluded. Also any trade where the company is likely to hold valuable property doesn’t qualify such as; running hotels or nursing homes, farming, woodland management, property development or property dealing.

Businesses which are related to any of the excluded trades need to be looked at very carefully. For example running a public house can qualify, but if it lets residential rooms it could be classified as a hotel which would mean it doesn’t qualify. An estate agent business may qualify, but a large part of an estate agent’s business can be arranging mortgages, which is a financial activity that doesn’t qualify. HMRC are prepared to provide assurance in advance of issuing shares as to whether a particular trade will qualify.

The second major hurdle is that the SEIS investor must not hold more than 30% of the company either alone, or together with relatives or other associates. Other shareholders can hold 30% or more of the company, but those shareholders will not be eligible for the SEIS tax relief.

An SEIS investor can invest up to £100,000 in a single tax year on which tax relief can be claimed, which can be spread over a number of companies.

If you would like any further information, please do not hesitate to contact Southside Accountants Wimbledon & London.

 

 

When you sell a business, you may receive some of the consideration up front and another payment later if the business meets certain targets, that later payment is called an ‘earn-out’.

How this earn-out is taxed can be tricky to work out, as it depends on a number of factors. For example: is the earn-out to be paid in cash or as shares or bonds, or is there a cash alternative to the offer of shares/bonds? Can the value of the earn-out be determined at the time the business was sold, or not until some later event has occurred?

Determining or ‘ascertaining’ the value of the earn-out is crucial for your capital gains tax computation.

If the earn-out can be ascertained (even within a broad range of values) at the time the business is sold, both the up-front and earn-out payments must be taxed as if they were both received together at the business sale date.

This can work in your favour. If the business sale qualifies for entrepreneurs’ relief, the up-front payment and earn-out which is taxed with it will also qualify for entrepreneurs’ relief. This reduces the tax payable on the earn-out to 10%. However, if the earn-out can’t be ascertained until it is received, it won’t qualify for entrepreneurs’ relief, so will be taxed at 28% (or your highest rate for CGT).

We should discuss all this before you finalise the sale of your business. There are numerous ways of structuring the payment for a business and they all have different tax implications.

If you would like any further information, please do not hesitate to contact Southside Accountants Wimbledon & London.

 

Real time information (RTI) is all about one-way communications with HMRC. Your payroll software sends reports (called FPS or EPS) to HMRC about the deductions made from your employees‘ pay, and normally you hear nothing back.

That is starting to change. HMRC is now sending electronic messages to employers to inform them that not all is well with their RTI reports. The first messages concern late submitted FPS reports, but in future there will be messages about late paid PAYE and missing RTI reports.

It is important to get the FPS in on time as then HMRC know that the amount of PAYE paid for the month agrees with the deductions you have reported on the FPS. HMRC will not impose penalties for any late FPS submitted within 2013/14, although the final FPS for 2013/14 (which closes the tax year), can carry a penalty if that is significantly late. The messages about late FPS reports are thus just a warning from HMRC in this tax year, but may indicate there is something wrong with your systems.

From 6 April 2014 there will be automatic penalties for filing a FPS late within the tax year. ‘Late’ means it arrives with HMRC after the date on which the employees were paid. There will also be penalties for paying PAYE late.

In order to pick up these electronic messages from HMRC you need to use your payroll software, or log on to HMRC’s PAYE online services, then look for notifications. The messages are also available using the HMRC’s PAYE desktop viewer (PDV) software package. However, the PDV has just been updated so you may need to download the latest version first.

These electronic messages about FPS will be the first of many important messages concerning RTI, so you need to get used to looking for them.

If you would like any further information, please do not hesitate to contact Southside Accountants Wimbledon & London.

Q. I’ve just won a sports car! The snag is the prize is only available from the company’s headquarters in Seattle, USA, although there is a cash alternative. Are there any tax implications of accepting the prize in the form of the car or as cash?

A. Most states in the USA impose a tax on competition prizes, but the awarding company may allow for that. There is no similar tax in the UK. If you take the car and ship it back to the UK there will be import duties and VAT to pay, so the cash alternative may be more tax efficient.

If you would like any further information, please do not hesitate to contact Southside Accountants Wimbledon & London.

 

Q. The Taxman has written to me saying I missed a small pension worth about £800 a year from my last tax return. He hasn’t noticed that I also missed it off the last four tax returns. What should I do?

A. Best advice is to come clean immediately and tell the Taxman about all the missing amounts of pension income for all tax years. There may not be more tax to pay if the pension provider has already deducted tax at your marginal tax rate. However, if there is higher rate tax to pay there will also be interest due at 3% and possibly a penalty. By confessing all without delay you can qualify for a reduced penalty, down to say 15% of the tax due. We can help you with those penalty negotiations and may be able to get it suspended for up to two years.

If you would like any further information, please do not hesitate to contact Southside Accountants Wimbledon & London.

Q. After purchasing a residential property to let, I spent a considerable amount on kitchen refurbishments and a new central-heating boiler, before letting it for the first time. Can I claim those costs against the rents for tax purposes?

A. It depends on whether the property was capable of being let before you carried out those refurbishments. If it was legally safe to let it – then the expenditure was probably ‘repairs’ and is allowable. If the property was in such a bad state that it could not be let to anyone, even on a tiny rent, the costs are likely to count as improvements and will not be allowable. We need to look at the detail of what work was done, and the context of your entire lettings business before we give you a final answer.

If you would like any further information, please do not hesitate to contact Southside Accountants Wimbledon & London.

The Government thinks that employees who own shares in their employing company feel more involved in that business and hence are happy and loyal employees. So it has introduced a new share scheme from 1st September 2013 which allows you, as an employer, to give your employees tax-free shares in your company, but in return the employees must give up some key employment rights.

How does this work?

The employee must sign a fresh employment contract called an ’employee shareholder’ contract, then they must be issued with shares worth at least £2,000 (and up to £50,000) in their employing company. When the individual sells those shares any gain arising on that disposal is completely exempt from capital gains tax. However, any gain up to £10,900 (for 2013/14) would be tax free anyway.

Normally where shares are awarded to an employee their value is treated as taxable income for that employee, unless the shares are issued under an approved share scheme. In this case the first £2,000 worth of shares awarded will be free of income tax and NIC, but not any further shares.

The downside is the employee must surrender all of following rights to take up employee shareholder status and receive the free shares:

• compensation for unfair dismissal, apart from when this is automatically unfair or relates to anti-discrimination law;
• request for time off for studying or training;
• request for flexible working; and
• statutory redundancy pay.

Also the employee must give 16 weeks’ notice (instead of 8 weeks) when returning from maternity or adoption leave.

This sounds like an attractive deal for an entrepreneur who doesn’t care about his own employment rights. However, any person who holds 25% or more of the company (alone or with associates) can’t take up employee shareholder status and enjoy the tax-free shares. So this share scheme can only be used to give shares to employees who don’t already have a significant share in the company.

Before implementing this scheme you should take employment law advice, and specialist advice on how to value your company’s shares. The employees should also take independent advice before signing away their employment rights, but you, as their employer, can pay for that advice with no tax consequences.

If you would like any further information, please do not hesitate to contact Southside Accountants Wimbledon & London.