Tax Archives - Page 4 of 5

Is your van actually a car? – The answer may surprise you.

Posted on August 10, 2020 | by Jade Donno

“Should I buy a car or a van” is a question we frequently get asked at 1 Accounts. Our recommendation is usually van. This is because you can claim back the VAT and the taxable benefit in kind is usually much less than a car (unless electric).

As the benefits of buying a van outweigh the benefits of buying a car, It is important that your van is actually classified as a van. In our opinion HMRC have been fairly “woolly” over the definition. In most cases if the vehicle is capable of transporting goods and has a 1 tonne pay load it has been treated as a van.; regardless of if there are seats behind the driver.

HMRC have a published list of what they determine to be a car or a van. You will see in some cases that the pack purchased can affect the classification: However due to the developments in the recent Coca-cola case these classifications may come under scrutiny from HMRC.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/428510/Car_derived_Van_updateMay2015.pdf

The coca-cola case

Coca-cola provided their employees with vehicles based on a panel van design, however these vehicles had a second row of seats behind the driver. Employees could use them for both personal and work purposes. Coca-cola argued that these vehicles were vans. HMRC said they were cars.

The first tier tribunal determined that because the vehicles were multi-purpose they couldn’t be considered a van. Therefore by default they had to fall into the ‘car’ bracket and should be taxed accordingly.

Classification

Your van could be classed as a car if:

It has a row of seats behind the driver
It has a dule purpose eg. It can carry goods and passengers

If you van has these things you will seriously need to consider if it is used as a van or a car. We believe that now it has come to light, HMRC will be looking more closely at the classifications and will be taking a much harsher approach than before.

The judgement as you can see from this link is extensive and has tax implications for both Tax and VAT.

https://www.judiciary.uk/wp-content/uploads/2020/07/HMRC-v-Payne-Ors-Approved-Judgment-002.pdf

We recommend that you review your fleet and make the necessary adjustments now.

Defer Your Self-assessment Payment On Account

Posted on July 20, 2020 | by Jade Donno

Choose how and when you can delay making your second payment on account for the 2019 to 2020 tax year.

You have the option to defer your second payment on account if you are:

registered in the UK for Self-Assessment and
finding it difficult to make your second payment on account by 31 July 2020 due to the impact of coronavirus

You can still make the payment by 31 July 2020 as normal if you are able to do so.

The June 2020 Self-Assessment statements showed 31 January 2021 as the due date for paying the July 2020 Payment on Account. This is because HMRC updated their IT systems to prevent customers incurring late payment interest on any July 2020 Payment on Account paid between 1st August 2020 and 31 January 2021. The deferment has not been applied for all customers by HMRC and it remains optional.

HMRC will not charge interest or penalties on any amount of the deferred payment on account, provided it’s paid on or before 31 January 2021.

See: https://www.gov.uk/guidance/defer-your-self-assessment-payment-on-account-due-to-coronavirus-covid-19?utm_source=5d97ee4d-9a24-4553-9a8e-56287f4de9f3&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

VAT – REDUCED RATE OF 5%

Posted on July 20, 2020 | by Jade Donno

VAT – REDUCED RATE OF 5%

The government made an announcement on 8 July 2020 allowing VAT registered businesses to apply a temporary 5% reduced rate of VAT to certain supplies relating to:

hospitality
hotel and holiday accommodation
admissions to certain attractions

The temporary reduced rate will apply to supplies that are made between 15 July 2020 and 12 January 2021.

Hospitality

If you supply food and non-alcoholic beverages for consumption on your premises, for example, a restaurant, café or pub, you’re currently required to charge VAT at the standard rate of 20%. However, when you make these supplies between 15 July 2020 and 12 January 2021 you will only need to charge 5%.

You will also be able to charge the reduced rate of VAT on your supplies of hot takeaway food and hot takeaway non-alcoholic drinks.

More information about how these changes apply to your business can be found in Catering, takeaway food (VAT Notice 709/1). See: https://www.gov.uk/guidance/catering-takeaway-food-and-vat-notice-7091

Hotel and holiday accommodation

You will also benefit from the temporary reduced rate if you:

supply sleeping accommodation in a hotel or similar establishment
make certain supplies of holiday accommodation
charge fees for caravan pitches and associated facilities
charge fees for tent pitches or camping facilities

More information about how these changes apply to your business can be found in Hotels and holiday accommodation (VAT Notice 709/3). See: https://www.gov.uk/guidance/hotels-holiday-accommodation-and-vat-notice-7093

VAT on admission charges to attractions

If you charge a fee for admission to certain attractions where the supplies are currently standard rated, you will only need to charge the reduced rate of VAT between 15 July 2020 and 12 January 2021.

However, if the fee you charge for admission is currently exempt that will take precedence and your supplies will not qualify for the reduced rate.

This applies to:

shows
theatres
circuses
fairs
amusement parks
concerts
museums
zoos
cinemas
exhibitions
similar cultural events and facilities

Examples of where the reduced rate may apply could be attractions such as:

a planetarium
botanical gardens
studio tours
factory tours

More information about how these changes apply can be found in VAT: Admission charges to attractions.

See: https://www.gov.uk/guidance/vat-on-admission-charges-to-attractions?utm_source=b70c8e4c-efcb-4e66-a3aa-6dbc482ad5f6&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Businesses Need To Reinstate VAT Direct Debits

Posted on June 18, 2020 | by Jade Donno

The deferral of VAT payments due to coronavirus comes to an end on 30 June and businesses need to take action to reinstate their direct debit mandates.

The Institute of Chartered accountants in England and Wales (ICAEW) Tax Faculty has reminded its members.

The VAT payment deferral means that all UK VAT-registered businesses have the option to defer VAT payments due between 20 March and 30 June 2020 until 31 March 2021.

However, ICAEW is reminding businesses that they need to take steps to reinstate their direct debit mandates so that they are in place in time for payments due in July 2020 onwards. Any outstanding returns should be filed, and three working days should be allowed to elapse before reinstating the direct debit mandate.

HMRC will issue guidance on the end of the VAT deferral period very soon but, to be effective, direct debit mandates usually need to be set up three working days before a VAT return is filed.

We cannot set up direct debit mandates on behalf of our clients; the business needs to set up the mandate through their business tax account.

HMRC has confirmed that it will not collect the outstanding balance of deferred VAT when the direct debit mandate is reinstated. HMRC has made the necessary systems change to avoid this happening for businesses in MTD for VAT.

Click here to find out more

SELF-EMPLOYED GET SECOND GRANT FROM GOVERNMENT

Posted on June 1, 2020 | by Jade Donno | Leave a Comment

Sole Traders to get second grant from the Government.

The government’s Self-Employment Income Support Scheme will be extended, giving more security to individuals whose livelihoods are adversely affected by coronavirus in the coming months, the Chancellor announced on Friday 29 May 2020. Rishi Sunak announced the Self-Employment Income Support Scheme will be extended – with those eligible able to claim a second and final grant capped at £6,570.

Individuals can continue to apply for the first SEISS grant until 13 July. Under the first grant, eligible individuals can claim a taxable grant worth 80% of their average monthly trading profits, paid out in a single instalment covering three months’ worth of profits, and capped at £7,500 in total. Those eligible have the money paid into their bank account within six working days of completing a claim.
Applications for the second grant will open in August. Individuals will be able to claim a second taxable grant worth 70% of their average monthly trading profits, paid out in a single instalment covering three months’ worth of profits, and capped at £6,570 in total.
The eligibility criteria are the same for both grants, and individuals will need to confirm that their business has been adversely affected by coronavirus. An individual does not need to have claimed the first grant to receive the second grant: for example, they may only have been adversely affected by COVID-19 in this later phase.

Further guidance on the second grant will be published on Friday 12 June and we will keep you up to date with the details when we know them.

See: https://www.gov.uk/guidance/claim-a-grant-through-the-self-employment-income-support-scheme?utm_source=95036a42-e8c3-49f3-8f73-6300a69ea34a&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Have you got a government gateway?

Posted on May 26, 2020 | by Jade Donno | Leave a Comment

The help and advice that is available from the Government is forever changing. This is the latest update we have on how to apply for the self-employed grant.

For those who are eligible, you will receive an EMAIL, not a letter as we had thought. Be aware that there are lots of phishing emails out there, HMRC’s email does not ask you to click on anything.

If you are unsure if you are eligible please follow this link – https://www.gov.uk/guidance/claim-a-grant-through-the-coronavirus-covid-19-self-employment-income-support-scheme. Please make sure to put capital letters for your NI number otherwise it will fail. If you believe you are eligible but the calculator is failing, please get in touch and we will try and help.

If you qualify you will be able to claim from the 13th/18th of May. To claim you will need a Government Gateway!

If you do not have one, please follow these steps to set one up. We recommend you do this NOW to avoid any delays.

https://www.gov.uk/personal-tax-account

If you have forgotten your username and/or password you can get these reset with HMRC.

https://www.tax.service.gov.uk/account-recovery/lost-user-id-password/check-email?state=5eb2c2442100008e90c6e413&ui_locales=en-GB

From what we have seen, we will not be able to claim your grant through our gateway. This could change, but to avoid the delays in getting your grant please make sure your gateway is set up.

If you need help applying please email jade@1accounts.co.uk

1 Accounts Haverhill Capital Gains Tax advice when selling your house.

Capital Gains rules are changing!

Posted on February 5, 2020 | by Jade Donno | Leave a Comment

Capital Gains rules are changing!

If you are a property investor or “accidental” landlord this is the blog for you. From the 6^th of April 2020 the changes to Capital Gains tax rules will affect the sale of second homes and rental properties.

Capital Gains Tax

Capital Gains Tax is paid at the following rates:

18% for the basic rate taxpayer
28% for the higher rate taxpayer

The current rule means that if you sell your property in the tax year, you will pay your Capital Gains Tax in the January after it is declared on your tax return. The new rule means that you need to declare the sale to HMRC and pay the Capital Gain within 30 days of the sale. This will need to be carefully planned by unsuspecting landlords.

Get your house in order

No doubt, there will be penalties from HMRC with those who do not comply. We are keeping our fingers crossed that letting agents have informed their Landlords of these new changes.
If you are a property investor and are in the position where you have not declared your rental income, please take a look at our recent blog – “Have you received HMRC’s Love Letter?”

PPR relief

Other changes include PPR (Principle Private Residence) Relief. This is the relief that enables taxpayers to sell their homes without having to pay Capital Gains Tax. If you buy and move into a second home, the final period of exemption for PPR relief is going to be reduced from 18 months to 9 months.
This applies to Landlords that let privately. However, with the new rules starting in April and the restriction on mortgage interest, trading through a Limited Company could be the answer for property investors for the following reasons:

19% Corporation Tax if you sell the property, rather than 28%.
Full tax relief on the interest of the loan

Pros & Cons

As with most things there are pros & cons. We can help you make informed decisions on how you want to invest and join the exciting world of being a Landlord. Despite HMRC doing their best to penalise Landlords, with the correct set up and letting partners, renting property can be very rewarding.

Have you received HMRC’s ‘love letter’?

Posted on January 31, 2020 | by Jade Donno

Have you received HMRC’s ‘love letter’?

Have you declared your rental income?

Lately we have seen an increase in HMRC asking people if they have received rental income. This comes in the form of a ‘love letter’ from HMRC and results in more and more people having to declare their rental income.

Connect

The reason for receiving this ‘love letter’ is HMRC’s computer system “connect”. Connect draws data from all departments and connects you to every government system. It also looks at our digital footprint, snooping on our social medias, Ebay accounts and even Airbnb bookings. Using Artificial Intelligence (AI) the computer will asses our profiles and see if we could afford rental properties by cross referencing with your declared income on your HMRC tax account.

‘Love Letters’

The ‘love letters’ we refer to are a direct result of HMRC’s Connect talking to its mates at the Land Registry. From this data they form a list of people that have sold property. If it is not listed as your main residence HMRC will put two and two together and ask if you have sold a second home and/or rental property. This will then be subject to capital gains tax and more!

Have you declared?

If the sold property was used as a rental property, HMRC will then look to see if you have declared the rental income. In a lot of cases this has not been done and can go back many years. In a recent case of ours, we had to declare 10 years of rental income for a Husband and Wife.

‘My Mate Down The Pub’

Getting tax advice down the pub is not always a good idea. In a few cases, taxpayers have been under the impression that because the mortgage payments covered the rental income they didn’t have to declare the rental income. In reality only the interest is deductible. For higher earners being able to offset the basic rate relief is being phased out, turning rental income into profit and therefore tax payable.

Beeng moved into her partner’s flat several years ago, and decided to rent out her own property rather than sell it. Being didn’t think she was making a profit which needed to be taxed, because the rental income just covered the mortgage payments.
When working out her rental profit. Being needs to be aware that the only allowable expense for her mortgage is the interest amount of her mortgage repayment.
The interest amount of mortgage payments is restricted to the basic rate of income tax, irrespective of which income tax rate Being normally pays for other income she may have

Take a look at HMRC’s website for more examples.

Our Advice

If you have a rental property and need a ‘health check’ we would be happy to discuss and give you the options to declare the income and profit that you have been missing off of your tax returns. Declaring the error before the ‘love letter’ arrives will help your negotiations with HMRC and reduce any high penalties.

Don’t let the Christmas period get in the way of the Self-Assessment deadline!

Posted on December 10, 2019 | by Jade Donno | Leave a Comment

Don’t let the Christmas period get in the way of the self-assessment deadline!

Christmas is always a busy time of year, but for us it doesn’t stop after the festivities are over. With the Self-Assessment tax return deadline on January 31^st, January is our busiest time of year.

A self-assessment tax return is required if you are a sole trader earning over the personal tax allowance, the director of a company who receives dividends, or if you have additional income which is not taxed through PAYE. If you are a client of ours on our Young Business service, Growing Business service, Rapid Growth service, or a sole trader then we take can care of this for you.

Send us your information early to avoid missing the deadline

Our clients on these services have the stress of completing their tax return taken away as we do a calculation to work out how much tax they owe and complete all the HMRC forms on their behalf. Once the tax return is approved by the client, we make sure it is filed with HMRC before the deadline.

As a firm, we try to prepare early by requesting all the information we need to complete your tax return at the end of the tax year on April 5^th. This allows us to avoid the rush and get many tax returns in well ahead of the deadline. Our tax return clients will have received an email from us asking them to upload their documents to our secure platform. This platform is fully compliant with GDPR and data protection regulations, so there is no need to worry about your personal information!

We also send regular reminder emails throughout the year to make sure that all our clients don’t forget to send their documents to us on time. It is important to send us this information as early as possible as you can face a penalty from HMRC if you do not get us the required information in time for us to complete and file your tax return.

By sending us all the information we need before Christmas, you can relax over the festive period knowing that your self-assessment will be taken care of!

No one wants a Tax Investigation.

Posted on December 3, 2019 | by Jade Donno | Leave a Comment

No one wants a Tax Investigation.

It is true that as business owners we don’t want HMRC asking awkward questions and taking up our precious time by visiting us on a routine (or not!) compliance visit.

This week two of our clients have been subject to compliance visits from HMRC, one for PAYE and CIS, and the other for VAT. Understandably, our clients in both cases were worried by a visit from HMRC and needed our support from start to finish.

PAYE Investigation

In the case of the PAYE compliance, which included CIS, we were able to speak to our client before the meeting, attend the meeting along with our client, and reply to HMRC’s request in order to close the enquiry. We dealt with the issues and questions raised in the meeting successfully and HMRC could see that we had a good handle on our client’s business. They have now closed the case without penalty or further tax charge. Our client was very happy that we were able to attend and support them at the meeting as it gave them extra peace of mind.

VAT Investigation

The VAT visit was very similar. We briefed our client before the meeting and attended the meeting with the VAT officer. One item was picked up by HMRC and a small adjustment will be made on the next return. In this case HMRC were complimentary about our business set up and the service that we provide our client, especially in understanding the business from the client’s point of view. This client is also really pleased with the service and were reassured by the fact that we were able to attend the meeting and deal with any questions that came up.

We have you covered

We insure ALL of our clients to cover our fees for dealing with HMRC from start to finish in these situations. We often have clients tell us that they are covered by The Chamber of Commerce or The Federation for Small Businesses, however the cover from both organisations does not allow us to deal with any investigation that may occur, and so our support is limited. It is for this reason that we took the decision to fully cover our clients for no additional charge.

We appreciate that no one wants a Tax Investigation, however if a client does have an investigation it is really important that we are there, as we can help the client to deal with HMRC effectively. In both cases this week HMRC didn’t find anything of significance and both of our clients were very happy with our service. They were especially happy that our fees for assisting with the visits are covered by the insurance policy benefit that we have taken on their behalf and that there was no extra cost to them.

Category: Tax