Directors often borrow from their companies and this incurs a temporary tax charge.
The rate of tax charged on loans to participators and other arrangements (currently 25%) is being specifically linked to the dividend upper rate, which will be 32.5% from 6 April 2016.
Section 455 CTA 2010 liabilities must be included in a company’s CT600 tax return. The S455 tax forms part of the calculation of tax payable by the company under Paragraph 8 Schedule 18 FA 1998.
A claim to relief under Section 458 is a claim for relief against the original tax charge for the AP in which the loan was made. The time limit for the claim is four years from the end of the financial year in which the loan is repaid, released or written off. COM53120
You must use form L2P to enable a close company which has paid tax on a loan to…
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There have been several tax changes in the Budget:
- Changes to Personal Allowances –
The Personal Allowance is the amount of income you can earn before you start paying Income Tax. This is currently £10,600 – it will already rise to £11,000 in 2016, and will now increase further to £11,500 in April 2017.
The point at which you pay the higher rate of Income Tax will increase from £42,385 to £43,000 in 2016 and to £45,000 in April 2017.
- Employment Allowance – The employment allowance is £3,000 but there is a restriction on it being used by single person companies.
- Dividend Tax -From April 2016 you’ll pay tax on any dividends you receive over £5,000 at the following rates:
- 7.5% on dividend income within the basic rate band
- 32.5% on dividend income within the higher rate band
- 38.1% on dividend income within the additional rate band
This simpler system…
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It’s estimated that 430,000 contractors will be affected by the new rules!
Under the new rules certain groups of workers will no longer be able to claim tax relief on travel and subsistence expenses, specifically:
- Those employed via umbrella companies (employment intermediaries).
- If you personally provide services to another person.
- The draft legislation confirms that limited company contractors are not affected by this new restriction, except for any contract work they carry out which is caught by the IR35 rules.
We expect that the new rules will prevent claims for routine travel but allow exceptional travel. For example say you normally work in London that would be excluded but they you have to go to a meeting in Birmingham, that trip should be allowed.
From April 2016 all employee expense Dispensations agreed with HMRC will cease to apply!
You will need new systems for checking expenses, HMRC will be supply examples.
Expenses which are not covered by benchmark scale rates are likely to paid and taxed via the payroll with the employee claiming relief through P87 and Self Assessment SA100.
Are you ready for the new regime?
First lets have a recap on why Pensions are a fantastic investment and a great way to save tax.
IHT only applies if the pension company has to pay the value of your scheme to your estate, in which case it becomes like any other asset, but generally the pension pot is held in a discretionary trust, which means it isn’t taxed on death.
You can now nominate anyone not just dependents to be the beneficiary.
Since 6th April 2015 anyone who inherits a pension fund from a person who dies before the age of 75 is entitled to receive it tax free and the you can take the money as a lump sum or income. Once over 75 a special tax of 45% applies (previously 55%), you could reduce this by taking a regular income. The tax rate should drop again in April 2016.
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Every business has important dates to remember!
VAT Quarterly (or Monthly), filed one month and 7 days later paid by one month and 10 days later
PAYE/CIS Monthly – tax period to 5th of the month, filed by 19th paid by 22nd (you should remember monthly tasks without reminders)
RTI/FPS/EPS everytime you pay employees (you probably don’t need to be reminded to do this)
Company Accounts – due 9 months after year end, corporation tax payable 9 months and 1 day after year end
Self Assessment payments on account in January and July
Annual Returns on the 12 month anniversary of when the company started
HMRC and Companies House apply tough penalties for filing late!
Its a common problem area, the fine comes in and then accountant and client blame each other
Its easy to understand how very large accounting practices simply lose track of when things need to be…
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From 6 April 2016, the personal savings allowance (PSA) will allow basic rate taxpayers to receive up to £1,000 of savings income tax-free. For higher rate taxpayers, this limit will be £500. HMRC have published guidance setting out details of what counts as savings income and how the allowance will be calculated, including some useful examples.
Savings income includes account interest from:
– bank and building society accounts;
– accounts with providers like credit unions or National Savings and Investments.
It also includes:
– interest distributions (but not dividend distributions) from authorised unit trusts, open-ended investment companies and investment trusts;
– income from government or company bonds; and
– most types of purchased life annuity payments.
Interest from Individual Savings Accounts (ISAs) does not count towards the PSA as it is already tax-free.
It’s early March and spring is in the air. The spring flowers are coming out into bloom – our garden is filled with snowdrops and daffodils. But then again last week we couldn’t see them because of snow! The start of spring though means not just the end of winter but also the end of one tax year and the start of another. This year, on the 6th April, though brings with it the start of a brand new tax – the dividend tax.
You may have seen lots of hype, but just what is it all about. For many of you David or I will already have had a chat, but we wanted to put a few thoughts down on paper for you!
Let’s have a brief look at what it’s all about.
What are the changes?
Change 1 –Grossing up of dividends is scrapped (believe it or not this little change is good news)
Currently all net dividends (this is same as the cash you receive) are grossed up by 100/90 before they are taxed. The 10% difference is a tax credit which is added to reflect the fact that the company paying the dividend has already paid corporation tax. Don’t worry if you don’t get this what it really means for most of us is that this ‘adjustment’ has the effect of reducing how much in terms of dividends taxpayers can really earn before they go into a higher tax band.
So for many company shareholder/directors the scrapping of this rule is good news as it
- Removes an area of tax which many tax payers find confusing as they grapple with gross and net dividends.
- It increases how much cash dividends they can take before they fall into a higher tax band.
Change 2 – Dividend Tax (This is the bad news for most Small & Micro business owner’s)
This new tax is applied to dividend income received in a year which is more than £5,000. The two groups of taxpayers who will be affected and therefore pay more tax in 2016/17 than they did in 2015/16 are:-
- Company directors who take a modest a salary and the rest of their income as dividends
- Taxpayers who have sizeable share portfolios which generate sizeable amounts of income
And when is an allowance not really an allowance?
Everyone will be entitled to a £5,000 tax free dividend allowance. This sounds very generous – after all its tax free. Well it’s not generous and that’s because it’s not really an allowance it’s a new 0% tax band has been created. The net result, is that it reduces a taxpayer’s basic rate tax band.
How much more tax could I pay?
Let’s have a look at the numbers (well I am an Accountant). This should make it easier to understand how the changes are likely to affect you!
The following table summarises the extra income tax which will be payable next year (2016/17) compared to this year (2015/16). Or put in simple terms for any Dividends you take from 6th April 2016 onwards!
|Cash Dividend||2015/16 Tax||2016/17 Tax||Increase|
The dividend tax is particularly punitive for the many family owned businesses where both the shares and income is split between both the husband and wife. In these cases the tax increases (as shown above) are doubled. So now coupled with increased operating costs in your business as a result of Auto Enrolment and the National Living Wage you can see why I am concerned that this is all too much for many small business owners. 2016 is the year of going backwards for many business owners’ in terms of PROFITABILITY unless they act now!
When will I be paying the extra tax for 2016/17?
Under the usual self-assessment rules then this extra tax would be payable in one lump sum payment by 31/1/2018. That gives taxpayers time to put some money aside each month and can budget accordingly.
It appears though that HMRC doesn’t want to wait that long for the extra tax. We understand that HMRC is in the process of amending tax codes for many company directors so that the lower ‘new’ code reflects the estimated amount of tax due on dividend income.
If you are a taxpayer where cashflow is challenging then this change will be bad news as you will be required an extra monthly tax payment to HMRC potentially as early as May this year. This doesn’t give much time to plan and budget.
How will it work?
Every taxpayer is notified of their tax code via a P2 (PAYE coding notice) and those affected the estimated amount of dividend tax will be shown within the notes.
Tip: If you get one of these tax coding notices it’s advisable to check the figures – an incorrect tax code could mean you unwittingly pay way too much or too little tax.
If you are unsure that the code is correct get in touch with your accountant.
What Can I do?
Everyone’s situation is different which I’m afraid mean the possible tax saving options that are available will also be different. That said here are a few ideas:-
Maximise the annual tax free dividend allowance
Everyone is entitled to the new £5,000 allowance. Married couples can spread their share portfolios in order to spread their dividend income and thereby use the whole of their allowance.
Use an ISA
ISA dividends are tax free and will be not be subject to the new dividend tax. You can transfer up to £15,240 worth of shares and investments into ISAs this year.
Maximise a spouse’s income tax allowance and tax band
Married couples should use the whole of their personal allowances and basic rate tax bands, where applicable, so that any dividends that paid to the spouse who pays the lowest rate of tax.
Invest in VCTs
VCT (Venture Capital Trust) are for taxpayers who are willing to take higher risks. Exactly like ISAs VCTs will give a taxpayer tax free dividends. Also like ISAs when the investment is sold the gain or profit is also tax free as it’s not subject to Capital Gains Tax.
Kim KMA Accountancy
This article is for general information only and no action should be taken, or refrained from, as a result of this information. Professional advice should be taken based on specific circumstances in each individual case. Whilst we endeavor to ensure that the information contained in this article is correct, no liability will be accepted by KMA Accountancy for damages of any kind arising from the contents of this communication, or for any action or decision taken as a result of using any such information.
FRS102 has led to many changes in the way we account for things and investment property is a prime example.
The fair value of investment properties changes over time, generally, it goes up in value.
The reporting of gains and losses under old and new UK GAAP differs fundamentally.
Under FRS 102, annual changes in the fair value of Investment Properties are taken to profit or loss, whereas under SSAP 19, equivalent gains and losses were taken in most cases to the Statement of Recognised Gains and Losses. This may have a significant impact on reported performance. The resultant earnings volatility may need to be explained to lenders and other users of the accounts.
FRS 102 removes some of FRS 19’s exemptions from recognising deferred tax. As a result, in contrast to current UK GAAP (that is, FRS 19), companies will often need to recognise significant deferred tax liabilities on revaluation gains.
The tax won’t be payable until the gain is realised.
Many property investors are likely to switch to Micro-entity accounting because its much simpler and doesn’t require property revaluations and deferred tax.
Pensions are highly tax efficient and you can purchase Commercial Property, the main examples of types of property your pension could buy are
- Industrial units
- Offices and shops
- Farmland and forestry
- Public houses
- Nursing homes
- Marine berth
The things you can’t buy are residential property, holiday property, caravans, beach huts, basically, if you can live in it then it will probably be difficult to put it your pension.
Buying a commercial property can be a great investment opportunity, I have been investing in property since 2002 as part of a small pension syndicate of friends and family we are currently invested in an Office Block and 6 Retail Units, we also bought some properties into separate companies and did originally have HMO’s too.
The yield on commercial property is often around 8% to 10% and you can borrow into your pension to help fund the purchase.
Your business can rent a commercial property from you and many owner managed businesses have transferred company owned premises to a SIPP or SSAS.
There have been some very interesting deals done for example
From a music studio in Costa Rica to a yacht berth in the south of France, Sipp (self-invested personal pension) providers report an ever-growing list of exotic assets being bought with pension money to fund investors’ dream business ventures.
For aviation-mad Tony Fowler, a property developer from West Sussex, the acquisition of a 50pc stake in the Isle of Wight airport through his Sipp means he can fulfil his passion for flight while at the same time investing for his retirement.
“A friend and I have paid half each of the total purchase cost of £635,000,” he said. “I was delighted when I found I could use money in my pension to buy the airport. It had been taken over by the receivers and was going to be closed down, but now it is being renovated and improved. We like to think it will bring something to the local economy as well.”
There have been some further restrictions added so its worth checking the rules before choosing an unusual property
I know that Martin Tilley, Director of Technical Services at Dentons is happy to clarify and help
M 07833 084 639