September Tax Update
Double taxation convention: temporary residents of
Australia
There has been a change in Australian law that affects the UK-source
income of temporary residents of Australia.
With effect from 1 July, holders of Australian Temporary Resident visas
are exempt from Australian tax on all their income from non-Australian
sources except employment income.
The terms of the 2003 Double Taxation Convention between the UK and
Australia provides that where an individual is exempt from tax by virtue
of being a temporary resident of Australia, then to the extent that
the individual's income or gains are exempt from tax in Australia the
individual will not qualify for tax relief from UK tax. This means that
a holder of a Temporary Resident visa is only entitled to claim relief
from UK tax for income paid before 1 July 2006.
For further information on the practical effects and implications of
this change, please contact us.
Rates of interest on taxes
Increases in the rates of interest on taxes paid late and overpaid
take effect from 6 September 2006. The main rates of penalty interest
are up from 6.5% to 7.5% for most taxes and duties, while the repayment
supplements for overpayments rise from 3% to 4%, which is also the new
rate for late payments of inheritance tax and its predecessors.
Tax Credits: agent priority line
HMRC have introduced a dedicated priority number for agents dealing
with Tax Credits. The new priority line is for agents only, and is not
intended for use by the general public.
Agent calls to the new number will be routed to one Contact Centre
site. When the call comes through to the Contact Centre, it is identified
as an agent call and advisers will have the relevant guidance for verifying
and dealing with agents "at their fingertips", which should
ensure a more efficient service.
If an agent uses the existing general number, advisers should still
deal with the call but HMRC recommend using the new number, which is
0845 300 3943.
Self Assessment: new simplified statement
HMRC have introduced a new version of the Self Assessment statement,
to replace the Statement of Account. The amount of information on the
new statement is reduced, and the statement will show:
· any balance brought forward;
· what has happened since the last statement; and
· whether there is a balance to pay (and when to pay it), or
an overpayment.
The new version is also available for taxpayers and their authorised
agents to view on-line. The changes do not affect the layout of the
Clients Account Information Sheets that are sent to agents twice a year.
Voluntary Class 3 National Insurance contributions
The Government have published a White Paper entitled "Security
in retirement: towards a new pensions system" setting out their
proposals on pension reform, which include a proposal to reduce the
number of qualifying contribution years needed for entitlement to a
full basic State Pension. At present, this is 44 years for men and between
39 and 44 years for women (depending on their date of birth), but the
proposal is that this be reduced to 30 years for both men and women
reaching State Pension age on or after 6 April 2010.
People who reach State Pension age before 6 April 2010 (i.e. men born
before 6 April 1945 and women born before 6 April 1950) will not be
affected by the proposed changes, although they may want to pay voluntary
Class 3 contributions to increase their entitlement to the basic State
Pension if they are not currently entitled to the full amount or will
not be by the time they reach state pension age.
However, if the proposals in the White Paper become law there would
be no need for people who are due to reach State Pension age on or after
6 April 2010 to pay voluntary contributions if either they have already
paid enough contributions to qualify for a full basic State Pension
under the proposed new rules or they anticipate that they will do so.
HMRC advise considering deferring any decision on paying voluntary
Class 3 contributions until it is clear whether the rules will change,
bearing in mind that it might not be possible to obtain a refund if
it turns out at a future date that the additional contributions need
not have been paid. On the other hand, people who do delay paying the
contributions may have to pay them at a slightly higher rate.
Please contact us if you would like any further information or guidance
on this topic.
Disclosure: registered pension schemes
From 1 August 2006 those promoting (and in some cases those using)
arrangements that are intended to exploit the rules surrounding registered
pension schemes will be obliged to report these arrangements to HMRC.
Tax advantaged schemes are notifiable if they fall within any one of
the following seven descriptions, or 'hallmarks'. The first four target
new and innovative schemes; one hallmark targets standardised tax products;
and the last two target known specific risk areas: loss schemes for
individuals and finance leasing.
The hallmarks are:
1. wishing to keep the arrangements confidential from a competitor;
2. wishing to keep the arrangements confidential from HMRC;
3. arrangements for which a premium fee could reasonably be obtained;
4. arrangements that include off market terms;
5. arrangements that are standardised tax products;
6. arrangements that are loss schemes; and
7. arrangements that are certain leasing arrangements.
Although all registered pension schemes will confer a tax advantage
because of the tax reliefs available to them, HMRC advise that pension
schemes and their members who are merely enjoying those reliefs in normal
ways are unlikely to be affected by these disclosure requirements because
the arrangements will not be within any of the hallmarks. In particular,
entering into a registered pension scheme based on standardised documentation
will not be a reportable event.
There is lengthy guidance on the making and timing of disclosures,
the use of registration numbers issued by HMRC in respect of notified
schemes, and the penalties for failing either to disclose or to quote
the appropriate scheme registration number where necessary.
For further information on any of these aspects, or on the disclosure
regime generally, please contact us.
Inheritance tax: new and updated guidance
HMRC have published new and updated guidance on inheritance tax, reflecting
the changes that were introduced in the Finance Act 2006 affecting the
taxation of trusts, lifetime gifts and some pensions.
The Customer Guide to Inheritance Tax is intended to provide help with
obtaining a grant of representation, completing an account of the deceased's
estate, and paying any inheritance tax that may be due. It also gives
advice about lifetime gifts and the taxation of discretionary trusts.
If you would like a copy of the guide, or more specific information
on inheritance tax, trusts and estate planning, please contact us.
Corporation tax: clubs and unincorporated organisations
with small tax liabilities
Following the scrapping of the nil rate of corporation tax on profits
up to £10,000, concern has been expressed that many small clubs
and societies which previously had no tax liability would now have to
complete company tax returns and pay corporation tax on very small amounts
of income, such as a negligible amount of bank interest.
This issue was discussed during the Finance Bill debate on 2 May 2006,
when the Financial Secretary to the Treasury issued a statement to the
effect that it has been the long-standing practice of the Inland Revenue/HMRC
not to seek corporation tax returns from clubs and unincorporated associations
with very small tax liabilities, and that this practice would continue.
HMRC has now published its parameters for the practice, so as to clarify
the position for affected taxpayers. In the following guidance, the
term 'club' includes an unincorporated association.
HMRC will:
· prevent the issue of a notices to file returns, and
· treat the club as dormant, subject to review at least every
5 years
provided that:
i) the annual corporation tax liability of the club is not expected
to exceed £100, and
ii) the club is run exclusively for the benefit of its own members.
To be within the scope of this practice, the body must not be any of
the following:
· a privately owned club run by its members as a commercial
enterprise for personal profit;
· a housing association or registered social landlord as designated
in the Housing Act 1986;
· a trade association, thrift fund, holiday club or friendly
society; or
· a company which is a subsidiary of, or wholly owned by, a charity.
and for each year of dormancy the body must have no:
· anticipated allowable trading losses;
· chargeable assets likely to be disposed of; or
· anticipated payments from which tax is deductible and payable
to HMRC.
This practice is also extended to a property management company whose
business consists of the management on a non-profit making basis of
flats or apartments for the owners, lessees or tenants of the flats
or apartments, provided the company meets certain additional criteria.
Most existing clubs and property management companies that meet the
conditions are already likely to be treated as dormant by HMRC. Any
body that makes a return every year but considers that it meets the
conditions for dormancy treatment should contact the HMRC office responsible
for its corporation tax liabilities.
Please contact us if you would like more detailed information, or advice
on particular circumstances.
Employers: incorrect employer underpayments
Some employers will have received advices from HMRC incorrectly stating
that the employers' PAYE/NIC for 2005-06 had been underpaid. HMRC claim
to have already identified and corrected the affected records, but ask
that any employer who has recently received an underpayment and/or surcharge
notice, and who thinks that the amount shown as outstanding is wrong,
should contact the office shown on the letter.
Employers: P11D(b) payment reminders
Reminders entitled "Payment of Class 1A NICs" were issued
by HMRC towards the end of June, with the Employer's Helpline number
on the reverse of the form shown incorrectly. The correct number is
0845 7 143 143 (not 0845 7 143 149).
Apparently there were also a number of these reminders took longer
than expected to arrive. HMRC have reported that their investigations
had not yet identified the cause of the delay, but it was not due to
any system problems with either the production or output handling of
the forms. However, the timing of these forms in the future is under
review.
Excuses, excuses...
Ten reasons employers give for not paying the National Minimum Wage,
as published by HMRC "to remind employers and employees of their
rights and responsibilities in relation to the National Minimum Wage".
10. "I only took him on as a favour."
9. "The workers can't speak English."
8. "He's over 65, so the National Minimum Wage doesn't apply."
7. "She's on benefits - if you add those to her pay, it totals
the National Minimum Wage."
6. "They can't cope on their own and it's more than they would
get in their own country."
5. "He's disabled."
4. "I didn't think it applied to small employers."
3. "I didn't think the workers were worth the National Minimum
Wage."
2. "She only wanted £3 an hour."
1. "He doesn't deserve it - he's a total waste of space."
If you require any assistance in reference to issues raised by the foregoing
information, or any other matter, please contact us.
DISCLAIMER
The monthly updates have been prepared to provide information for general
guidance only. It is not intended to replace specific professional advice
and we would always recommend that you seek appropriate professional
advice before acting on any information contained within the updates.