| Budget
2007- Key Measures
Income tax:
Major
simplification measures include:
*
10% starting rate band to be abolished from 2008
* basic tax rate
cut from 22% to 20% by 2008
* Top rate band
of income tax to rise to £43,000 by 2009
* Confirmation
of the Carter proposal that the SA enquiry window will be aligned
with the filing date.
The Chancellor proposes to reduce the basic rate of income tax to
20% with effect from 2008/9. It is also proposed that the starting
rate be removed for earned income and pensions but not for savings
or capital gains.
The
upper earnings limited for employees Class 1 national insurance
and the Class 4 national insurance upper profits limit for 2008/9
will be increased by £75 per week above indexation.
| Income
Tax Rates |
|
|
|
|
|
| |
|
2007/08 |
2006/07 |
|
|
Starting
rate band to
|
|
£2,230
|
£2,150 |
|
|
Tax
rate
|
|
10% |
10% |
|
|
Basic
rate band - next |
|
£32,370 |
£31,150 |
|
|
Non-savings
rate |
|
22% |
22% |
|
|
Savings rate |
|
20% |
20% |
|
|
|
|
|
|
|
|
UK
dividend rate
|
|
10% |
10% |
|
|
Higher
rate - income over |
|
£34,600 |
£33,300 |
|
|
Tax
rate excluding UK dividends |
|
40% |
40% |
|
|
UK
dividend rate |
|
32.5% |
32.5% |
|
|
| |
|
|
|
|
|
Personal
Allowances
(Ages are as at the end of the tax year) |
|
|
|
|
|
| Allowances
that reduce taxable income |
|
£ |
£ |
|
|
Personal
allowance |
under
65 |
|
5,225 |
5,035 |
|
|
65
to 74* |
|
7,550 |
7,280 |
|
|
75
and over* |
|
7,690 |
7,420 |
|
|
| |
|
|
|
|
|
Allowances
that reduce tax
|
|
|
|
|
|
| Married
couple's allowance (MCA) |
|
£ |
£ |
|
|
| Age
of elder spouse |
73
to 74 |
|
628.50 |
606.50 |
|
|
75
and over* |
|
636.50 |
613.50 |
|
|
minimum |
|
244.00 |
235.00 |
|
|
| |
|
|
|
|
|
National
insurance
Upper earnings limit raised by £75 by 2008 and aligned
with higher rate threshold by 2009
|
|
| |
|
|
|
|
|
| National
Insurance Contributions |
|
|
|
|
|
Class
1 (not contracted out) |
|
Employer |
Employee |
|
|
Lower
earnings limit |
|
|
£87 |
|
|
Payable
on weekly earnings |
£100.01
- £670 |
|
12.8% |
11% |
|
|
Over
£670 |
|
12.8% |
1% |
|
|
Men
65 and over and
women 60 and over |
|
As
above |
NIL |
|
|
Employees'
contracted-out rebate |
|
|
1.6% |
|
|
Married
women's reduced rate between £100 and £670 |
|
|
4.85% |
|
|
Employers'
contracted-out rebate, salary-related schemes |
|
3.7% |
|
|
|
Employers'
contracted-out rebate, money purchase schemes |
|
1.4% |
|
|
|
|
|
|
|
|
|
Class
1A (on relevant benefits) |
|
12.8% |
NIL |
|
|
Class
1B (on PAYE settlement arrangement) |
|
12.8% |
|
|
|
|
|
|
|
|
|
Class
2 (Self employed) |
|
£2.20
per week |
|
|
Class
2 contributions - share fishermen |
|
£2.85
per week |
|
|
Class
2 contributions - volunteer development workers |
|
£4.35
per week |
|
|
Limit
of net earnings for exception |
|
£4,635
per annum |
|
|
|
|
|
|
|
|
Class
3 (Voluntary) |
|
£7.80
per week |
|
|
|
|
|
|
|
|
Class
4* (Self employed on profits) |
|
|
|
|
|
£5,225
to £34,840 |
|
8% |
|
|
Excess
over £34,840 |
|
1% |
|
|
*Exemption
applies if state retirement age was reached by 6 April 2007. |
|
|
|
|
|
|
|
Maximum
contributions |
|
|
|
|
|
Class
1 or Class 1/2 |
|
£3,323.10
+ 1% of earnings over £670 |
|
Class
4 limiting amount |
|
£2,485.80
+ 1% of profits over £34,840 a year |
|
| |
|
|
|
|
|
|
For those
earning between £87 per week and £670 per week,
employers receive a rebate of 1.4% on contracted out money
purchase schemes or 3.7% on contracted out final salary schemes,
and employees, a rebate of 1.6% for either scheme.
For children under 16, men over 65 and women over 60 there
are no national insurance contributions payable, but employers'
contributions remain payable. |
|
| |
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| |
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|
| Company
tax |
|
|
|
|
|
| Tax-motivated
incorporation: |
*
The small company corporation tax rate will be raised in stages
commencing with a 20% rate in 2007, 21% in 2008 and 22% by 2009. |
*
Dividends: "The government will continue to monitor the
level and extent to which labour income is extracted by dividends" |
| Corporation
tax rates and bands |
|
|
|
|
|
Financial
Year to |
|
31 March
2008 |
31 March
2007 |
|
|
Taxable
Profits |
|
|
|
|
|
First
£300,000 |
|
|
|
|
|
Next
£1,200,000 |
|
|
|
|
|
Over
£1,500,000 |
|
|
|
|
|
Small
companies marginal relief fraction: |
|
|
|
|
|
£300,000
- £1,500,000 |
|
1/40 |
11/400 |
|
|
| Managed
service companies (MSCs) |
*
Proposed provisions to apply to scheme promoters in order to
target the legislation more specifically |
*
PAYE to be applied to all payments received by individuals on
or after 6 April 2007, as announced in PBR. NI will be due from
date to be specified when Finance Bill receives Royal Assent |
*
Approach to the proposed transfer of debts legislation to be
modified and take effect from January 2008 |
*
Travel expenses to be restricted for those engaged via MSCs
as previously announced. |
| |
|
Mainstream corporation tax |
*
The mainstream rate of corporation tax will be cut from April
2008 to 28%. |
| |
| Capital
allowances |
| Major
modernisation of capital allowances: |
*
Allowances on long life assets to increase from 6% to 10% from
2008
* Intregal
fixtures to become as long life assets and subject to 10% allowance
from 2008, subject to consultation
* Phased
removal of IBAs and ABAs by 2011, but balancing adjustments
will be withdrawn from today.
* An annual
investment allowance of £50k p.a. to encourage small business
to invest to grow from 2008, following consultation, to replace
first year allowances (FYA)
* 50% FYA
to remain in place for 2007/08
* Reducing
the short life writing down allowance from 25%to 20%
* From 2008/09
a payable tax credit for losses incurred on "green technologies"
- subject to consultation on proposed design and scope
* The business
premises renovation allowance announced in 2005 will apply to
all expenditure incurred on or after 11th April 2007 to encourage
renovation and conversion of vacant business properties. |
| |
| Research
and development |
*
2008/09 (subject to state aid approval) the enhanced deduction
for small companies to increase from 150% to 175%
* Payable
credit to remain broadly the same
* Large company
deduction increases from 125% to 135% |
| |
Capital
gains tax
The annual exemption to be raised to £9,200 |
| |
Inheritance
tax
The threshold is to be raised from 3285,000 to £350,000
in 2010/11. |
| |
Pre-owned
asset tax
New legislation is proposed to allow a late election for IHT
treatment to apply instead of the pre-owned asset regime. This
means that if you have missed making an election under the pre-owned
asset rules you can apply for IHT treatment instead. |
| |
Stamp
duty land tax (SDLT)
* Payment
of SDLT will no longer be due when a land return is submitted,
but on the return's due date instead. The measure will apply
to transactions taking place on or after the date that the Finance
Bill receives Royal Assent
* Proposals
not to link SDLT rates in certain exchanges of property between
connect persons - the rate will apply to each of the properties
instead
* A general
SDLT relief for disposal of surplus school land
* Relief
from SDLT for new zero carbon homes to apply from 1st October
2007.
* Relief
from SDLT for companies who under go certain reconstructions
and acquisitions when overall share ownership remains unchanged.
A company which purchases its own shares will no longer be regarded
as a shareholder for the purposes of the overall ownership test.
This would seem to apply to few transactions in practice. |
| |
Investments
*Change
in recognition of stock exchanges and definition of "listed"
for tax purposes.
*Increasing
ISAs limit to £3,600 in April 2008
*A non-repayable
tax credit to apply to foreign dividends |
| |
| Foreign
property ownership *Changes
to legislation in 2008 to ensure that individuals purchasing
property overseas via a company will not suffer a benefits
charage as "shadow directors".
*Transitional
rules to ensure that individuals will not be caught prior
to changes
|
| |
Trusts
Certain changes to amend trust reform measures. |
| |
VAT
*Changes
to turnover thresholds for registration
*Rate reductions
to 5% for a variety of environmentally sustainable improvements
and nicotine patches
*Amendments
following ECJ judgements |
| |
Penalties
for incorrect returns
New provisions set for 2008 in line with the consultation proposals
in "Powers, deterrents and safeguards" to penalise
according to the amount of tax understated and taxpayer behaviour. |
| |
Anti-avoidance
measures
Measures to target specific schemes that HMRC have become aware
of from DOTAS reporting - capital loss and gain buying, repros,
sale of lessor companies etc. |
| |
Levies
*Landfill
tax will rise by £8 each year.
*Aggregate
levy to rise for the first time
*Climate
change levy to increase |
| |
Employment
*National
minimum wage to increase
*£2000
training help for training certain new employees |
| |
Cars
*Fuel duty
increases, by increasing top bands, deferred until October
*Road tax
from £220 to £400 on gas guzzling cars
*Extending
bio-fuels incentives/"green" motoring. |
| |
Planning
taxes and reliefs
*No announcements
made in connection with the planning gain supplement
*A new consultations
on tax relief for brownfield land regeneration and remediation
of waste sites |
| |
Business
property
Empty commercial property will no longer receive reduced business
rates |
| |
Socialising
*Duty
frozen on spirits, but raises 1p on beer, 5p on a bottle of
still wine.
*Consultation
announced on gift aid
*New fund
to encourage local organisations |
| |
Welfare
*Increase
in rate of Working and child tax credits, so that NMW will be
effectively worth £7.70 p/hr
*Increase
lone parents "in-work" bonus
*VAT reduction
for older people's improvements
*New shared
equity scheme to promote home ownership
*Child benefit
- to be raised by 15% (£17.45 to £20) by 2010
*Tax credits
will wipe out tax liabilities for working couples with children
and an income of up to £440 per week
*Raising
age allowances and married allowances for pensions
*Pension
credit guarantee top increase |
| |
Insurance
premium tax
A review of the tax is announced |
| |
Red
tape removal
A new "risk based" approach to employment tribunals
to streamline the process for employers |
| |
| ***
END OF INCOME TAX SECTION *** |
INCORPORATION
OR SELF-EMPLOYMENT ?
Overview - The Budget of 2002 pushed the tax savings balance in
favour of the legal shelter of incorporation over other the other
forms of businesses such as sole trader, partnership, or self employed
individuals in self employment. However, The Chancellor of The Exchequer,
attempted to equalise the situation in the 2004 Budget. By 2006
the taxation advantages had all but gone.
Other matters to consider are the compliance costs of operating
a limited company. However this is not putting people off incorporation.
According to Inland Revenue's Working Together publication 35,000
new limited companies per month were being formed by the start of
2004. Why?
Well
here are a few reasons:
The business is legally sheltered in many ways, as a limited company,
especially if it fails, your exposure is not one of personal liability,
subject to guarantees given and other undertakings in law assumed
to be observed by companies directors like; preparing financial
accounts; employment rights; and statutory filing duties ; The relative
ease of selling it on as a going concern or retaining some sort
of involvement in it; The introduction of audit exemption; Converting
one's un-incorporated business into a limited can create profit
from the disposal. Subject to the Capital Gains Tax rules of course
and agreement on the valuation used for a disposal; And finally;
A family company must assist families with pension planning and
succession issues. Inheritance Tax Planning with reference to the
issued share capital is also simplified.
The
Pros & Cons of Incorporation:
Possible advantages
of incorporation
*
Incorporation
normally provides limited liability. If a shareholder has paid fully
for his or her shares, he or she cannot normally be
required to invest any more in the company. Although companies with
bank borrowings often have to provide directors'  personal
guarantees, the protection of limited liability will generally apply
in respect of liabilities to other creditors.
*
A
company enjoys legal continuity - it can own property, sue and be
sued.
*
Effective
ownership or part ownership of the business may be readily transferred,
subject to the provisions of the Articles of  Association.
Whilst such transfers may well be covered by inheritance tax business
property relief, the capital gains tax position needs
careful review.
*
Normally
a bank
can take extra security by means of a 'floating charge' over the
assets of the company, and this will increase the
amount that can be borrowed compared with a sole trader or partnership.
*
Shareholders
can be paid in dividends (currently free of NICs) but strict company
law formalities must be observed.
*The
National Minimum Wage does not apply to directors (as they are office
holders) unless they have a Contract of    Employment.
*
Growing
businesses can re-invest profits after an corporation tax charge
of 20% (if profits are below £300,000), compared with 40%
income tax for higher-rate tax paying sole traders and partners
together with a 1% class 4 National Insurance charge on profits
over £34,840.
*
Accumulated
funds could be withdrawn on a sale of shares with the benefit of
capital gains tax (CGT) business taper relief  which
reduces the effective CGT rate to 10% once shares have been held
for two years.
*
Corporate
status is sometimes thought to add to the credibility or commercial
respectability of the business.
*
A
company can establish a registered pension
scheme, which may provide greater benefits than self-employed
schemes.
*
Employees
may, with adequate safeguards, be offered an opportunity to buy
their own stake in the business, reflecting their  commitment
and importance to the company.
*
The
liability of executors acting for deceased shareholders, or of trustees,
is clearly defined.
Potential disadvantages
of incorporation
*
Formation
of a company incurs legal and administrative costs, which may include
new accounting records and possibly systems, new
PAYE system, new business tax reference, new VAT registration, new
stationery etc.
*
Customers,
suppliers and service providers must be informed of a change to
limited company status.
*
The
tax position arising on the incorporation of an existing business
needs careful analysis. It may be possible to defer capitals gains
tax on the transfer of goodwill etc, but the timing and effect of
cessation on income tax must be closely planned.
*
Annual
Accounts must comply with the requirements of the 1985 Companies
Act. In most cases, a statutory audit is not   required
for companies with an annual turnover of £5.6 million or less.
The statutory audit involves work over and above that which
is normally carried out for a sole trader or partnership.
*
A
company's accounts must be filed on public view with the Registrar
of Companies. An Annual Return must also be submitted to
the Registrar of Companies together with a filing fee of £30
(£15 if filed online).
*
The
company will be taxed on its profits of each accounting period,
as opposed to the income tax 'current year' basis for sole traders
and partnerships. A company must file a corporation tax return.
*
Funds
withdrawn from a company normally give rise to tax liabilities,
whereas owners of unincorporated businesses can   generally
introduce and withdraw cash without tax implications.
*
Remuneration
for directors is subject to both employee's and employer's National
Insurance liabilities - currently up to 23.8%. For
example on a remuneration of £12,000 there is a NI liability
of £1,658. Both the company and its directors are liable to
NIC on
many benefits in kind, and a form P11D must be prepared for each
director, whatever the level of earnings. This can lead to extra
work in filing a tax claim for reimbursed expenses etc for which
individual tax relief is available.
*
Tax
on directors' remuneration paid monthly is payable on the 19th of
the following month (22nd for electronic payment)   through
the PAYE
system, and corporation tax is payable nine months after the end
of a company's accounting period. For a  sole
trader or partnership, tax is generally paid by instalments on 31
January and 31 July on the current year basis. The 'credit period'
depends upon the choice of accounting date, and you should contact
us for further advice on this.
*
The
'IR35' legislation relating to personal service companies could
be relevant, especially for IT contractors and other service providers
who work for only one customer.
*
Companies
pay tax on capital gains at their corporation tax rate (19% for
profits up to £300,000). In a company, a capital gain is
reflected in the value of its shares and if these are sold a "double
charge" to capital gains tax can arise. This may be avoided
if
assets that are likely to increase in value are owned either outside
the company or within a self-administered pension scheme, or
if a company is sold complete with its assets
*
An
individual has greater flexibility in dealing with trading losses.
*
A
company director is more at risk of criminal or civil penalty proceedings,
eg for late filing of accounts or for breaching the  insolvency
rules.
WORKING
FROM HOME
The Self Employed Home worker -
These claims amount to both;
a) The space set aside to operate a business from home.
b) The 'time basis' here. This time given over to running the
business from home is a consideration.
It is particularly important to highlight the basis of the claim
to the Inspector in the first year of the claim. The allowance represents
something of an unwritten concession by Inland Revenue and as such
should not be excessive. Anything over £104 p.a. is open to
being interpreted as excessive!
Contact us for further advice.
Employee Home workers - This area of economic activity continues
to evolve due to computers, fax machines, and answering machines
etc being common place in the home nowadays.
Either;
The employer may reimburse a proportion of home expenses and make
a payroll adjustment; or
The employee may wish to claim all estimated expenses wholly, exclusively
and 'necessarily' incurred by way of home working.
Note the use of the word necessarily. In other words the contract
of employment must show that this home working is completely necessary
requirement as part of the employer's business operations. Most
claims are also restricted to heating and lighting costs. Inland
Revenue interpret the legislation applying here very strictly.
As
always contact us first before making a home worker claim.
Update:
HM Revenue & Customs updated their own
guidance to Inspectors about using your own home for business
purposes. (January 2007).
Fixed costs and running costs are now allowable
either on the time given over to running the business,
(usage), from home or as a proportion of floor space
i.e. rooms used. The basis used is important as is the number of
homes you own etc etc........
There may be capital gains tax implications on
the sale of the house if claims are not subjected to some planning
before hand - the due dillegence.
There is some debate at the moment whether or not retrospective
claims for use of home as business should be re-submitted.
Certainly this will have a bearing on any future tax enquiries
where the return was submitted before the new guidance became common
knowledge.
AUDIT
EXEMPTION SERVICES (FOR QUALIFYING) LIMITED COMPANIES
Section 249A of the Companies Act 1985 provides that companies (with
some exceptions at s249B) with a turnover below a certain level
are not required to have a statutory audit of their accounts. The
audit exemption threshold was increased in May 2000 (applying to
financial periods ending on or after 28 July 2000) when it was raised
from £350,000 to £1 million. This has been recently
raised to £5.6m subject to statutory formalities in the House.
Audit exemption is now therefore available to most incorporated
businesses with turnover under £1m and/or on a transitional
basis to those with £5.6m turnover and under. Subject to both
qualifying as a small company by statute and providing the services
normally exempt from a statutory audit.
Post 31st March 2004 , the turnover threshold is raised to £5.6m,
if your financial accounting period ends after this date. This is
in line with the EU's definition of a small company. This change
takes place from January 2004 and is again expected to apply to
all accounting periods ending on or after 31 March 2004 by statutory
instrument, in line with UK acceptance of existing EU Law. The following
EU company maxima was adopted by the UK on 13 May 2003 by acceptance
of a binding EU Council Directive. These definitions of company
size were made UK Company Law as of 15 May 2003 and led in no small
part to the recent raising of the audit threshold:
Small Company Turnover £5.6* Balance Sheet Total £2.8m*
Number of Employees 50*
Medium Company Turnover £22.8m* Balance Sheet Total £11.4m*
Number of Employees 250 *
*Not
more than
Effectively, most small companies may now qualify to have their
financial accounts exempt from statutory audit as of January 2004
on a transitional basis.It will most certainly be the case for all
qualifying companies with accounting periods ending in corporation
tax year 2004/05. As usual please seek our professional advice,
via the contacts given on this sites home page, before undertaking
your company's audit exemption reports. Just referring to the general
overview given here will not be enough. An audit performed by a
Registered Auditor can also be legally more expedient if not just
a statutory requirement.
TAX
CREDITS
Around 1991 Independent taxation of spouses was introduced. By 6
April 2003 this was theoretically history but technically still
the law of the land because of the governments tinkering with the
concept of Tax Credits. Tax Credit Form 600 gives credit to people
on low earnings and is not really dependent on tax paid or whether
you are on state benefits or not in the case of Child Tax credit.
It initially attempts to link all spouses/households to the children
in their care in a parenting capacity. It attempts to make parents
responsible for their offspring all their working lives and beyond
by linking them up in the tax system. This should gradually help
to cut taxpayers costs for state contributions made for errant parents
undetected to date by the not too successful Child Support Agency.
Most Child Tax Credits are paid directly into the female spouse's
bank account. Another can be nominated but only in exceptional circumstances.
It you qualify for Child Tax Credit then you may get certain Child
Care costs. A top up in your income in the form of Working Families
Tax credit is also possible to guarantee a minimum standard of living.
WFTC is given to all in work who qualify whether they are parenting,
cohabiting or not. Most people now have at least 1 tax return per
year due to the introduction of Tax Credits. You have 3 months to
file one from April 5 each year before you start losing some of
your entitlement.
If your accountant is not professionally appointed to complete your
TC600 Form then it is your own responsibility to file it. Many accountants
do not want to get involved because it is all covered by Social
Security Legislation and outwith their sphere of competence. It
also pushes up practice running costs and therefore chargeable hours
to clients. It also has nothing to do with reducing your income
tax at the tax collectors office. It is to be hoped that both the
SA Tax Return and the TC600 Return Form are combined into one simple
exercise for the self-employed and company directors etc, at some
point in the future. At present it looks rather like you are being
over taxed just to claim it back via the conceptually flawed misnomer
known as the Tax Credits regime TC600 Form.
REPORTING
MONEY LAUNDERING
Since 1 March 2004 the accounting profession and those holding themselves
out to be accountants, is regulated by the Proceeds Of Crime Act
2003. Basically clients are now no longer theoretically protected
by the professional ethic known as 'client confidentiality' in the
accounting profession. There are procedures to follow when an accountant
in practice has suspicion or knowledge about a client who may be
involved in criminal activities due to the financial transactions
they have enter into. It is not a simple 'de minimus' matter either.
All transactions are reportable- where there is a suspicion be it
1p or £1,000,000,000! High value transactions of around £9,000
plus are automatically reportable in certain circumstances.
Basically the authorities are just following the money! An old tactic
used to bring notorious American gangsters to justice around the
Prohibition period. Since this is all still in its infancy it remains
to be seen whether it will be the success, we all must hope for,
if it can cut back on the criminal fraternity stealing this societies
wealth. Policing clients is not as common as one may think and it
will be business as usual for the majority.
KEEPING
BUSINESS RECORDS
You must keep all business books and records for 6 years after the
date they were normally due to be filed on time at Inland Revenue.
8 years for PAYE. Those who do not are leaving themselves wide open
to spurious tax 'discovery' assessments), by an enquiring Tax Inspector,
as well as avoidable personal grief. Business records can vary from
the individuals 'shoe box' accounts to the requirements of a limited
companies financial record keeping system under company law. It
really is up to you to decide what's appropriate for your enterprise.
Inland Revenue will expect records to be drawn up competently, whether
you do your own return or not. Recognition of revenue and expenses
must be both recorded carefully, matched on a wholly and exclusive
basis, and then more usually incurred 'necessarily' in the course
of a trade/enterprise.
'Cash businesses' are common amongst 'cash & carry' small traders
and it is not illegal to conduct such a business so. However, where
internal controls are weak, such as banking, and sales recording,
an Inspector will immediately seek to prove that there is hidden
or suppressed income because of the invisible nature of dealing
in cash. Cash businesses run the risk of a full enquiry or even
an Inland Revenue 'fishing expedition' into all their business and
personal affairs. Not for nothing do Inland Revenue treat cash business
record keeping systems with a great deal of cynicism. However many
innocent traders get tarred with the same brush as those in the
black economy. Do get a business bank account for all your business
activity and resist using a personal or joint account. Keep your
business spending separate from your personal or joint household/living
bank accounts. For a full book-keeping service suitable to your
business operations we can advise.
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