Archive for June, 2015

Considering giving shares in your Company to employees?

Monday, June 8th, 2015

More and more companies now give their employees the opportunity to acquire company shares. If correctly structured, this can be a very tax efficient way of attracting and retaining staff, as they are able to share in the success of the company. However, if you get things wrong there can be significant tax charges on the employee and employer. As a general rule, if employees are allowed to acquire shares at less than market value, the discount is taxable as employment income and PAYE; national insurance may also be due. So for example, where the employee pays just £1 for a share worth £10, the £9 difference would be taxable.

The issue of shares to an employee also needs to be reported to HMRC using Form 42 by 6 July following the end of the tax year. There are a number of schemes that you may wish to consider where the receipt of the shares will not be taxed as employment income and in some cases will only be subject to capital gains tax when the shares are eventually sold. It used to be possible to ask HMRC for confirmation that the share scheme satisfied the rigid rules for the tax advantages to apply, but this is no longer possible and employers are now required to “self certify” that the share scheme complies with the legislation.

We can assist you with this process if you would like to consider putting a share scheme in place.

ENTERPRISE MANAGEMENT INCENTIVES (EMI) SHARE OPTION SCHEME
The best employee share option scheme currently available is the EMI share option scheme. In order to take advantage of this, both the company and employees must meet certain conditions. The company must carry on a qualifying trading activity and have a gross asset value of no more than £30 million. The employee or director must work at least 25 hours a week for the company and not hold more than 30% of the company’s shares at the time that the EMI options are granted. The main tax advantages of EMI share options are that provided the option price is set at the correct value there would be no income tax or national insurance when the option is granted or exercised. Furthermore, the employee will then usually benefit from CGT entrepreneurs’ relief which provides a 10% rate when the shares acquired under the option are eventually sold, such as on the sale of the business.

CORPORATION TAX RELIEF FOR EMPLOYEE SHARES
A further tax advantage of allowing employees to acquire shares in the company is that the employing company may be entitled to a corporation tax deduction. This deduction is the difference between the amount payable by the employee and the market value of those shares at the time they are acquired. This will generally be the amount taxable on the employee so, for example, if the employee pays £1 a share when the shares are worth £10 each then the £9 per share discount will be deductible for the company.

Government announces date of Summer Budget

Monday, June 8th, 2015

The Chancellor of the Exchequer George Osborne has announced that there will be a Summer Budget on Wednesday 8 July 2015.

Mr Osborne admitted that it was unusual to deliver two budgets in one year, but said he didn’t want to wait to ‘deliver on the commitments we have made to working people’.

‘It will continue with the balanced plan we have to deal with our debts, invest in our health service and reform welfare to make work pay.’

‘But there will also be a laser-like focus on making our economy more productive so we raise living standards across our country’ he added.

We will keep you informed of the pertinent Budget announcements.

Driving licence paper counterpart no longer valid

Monday, June 8th, 2015

The Driving and Vehicle Licensing Agency has announced that with effect from 8 June 2015 the paper counterpart to the photocard driving licence will not be valid and will no longer be issued. The paper counterpart was introduced to display driving licence details that could not be included on the photocard. These additional details include whether the licence holder is entitled to drive some additional vehicle categories and any endorsement/penalty points. The DVLA is advising that the paper counterpart should be destroyed after 8 June 2015. Licence holders still need to keep their current photocard driving licence.

Those with apaper driving licence (issued before the photocard was introduced in 1998) need to be aware that these licences will remain valid and should not be destroyed. However where a licence holder needs to update their licence photocard licences will be issued.

From 8 June 2015 new endorsements will be recorded electronically, and will not be printed or written on either photocard licences or paper driving licences.

This means that from 8 June 2015 neither the photocard driving licence nor the paper licence will provide an accurate account of any driving endorsements a licence holder may have. This information will instead be held on DVLA’s driver record, and can be checked online, by phone or post.

This change does not affect photocard licences issued by DVA in Northern Ireland.

Advisory fuel rates for company cars

Monday, June 8th, 2015

New company car advisory fuel rates have been published which took effect from 1 June 2015. Please take care to update your expenses payments and note that only some rates have been amended. However, the guidance states: ‘You can use the previous rates for up to one month from the date the new rates apply’. The rates only apply to employees using a company car.

The advisory fuel rates for journeys undertaken on or after 1 June 2015 are:

Engine size Petrol
1400cc or less 12p
1401cc – 2000cc 14p
Over 2000cc 21p

 

Engine size LPG
1400cc or less 8p
1401cc – 2000cc 9p
Over 2000cc 14p

 

Engine size Diesel
1600cc or less 10p
1601cc – 2000cc 12p
Over 2000cc 14p

Other points to be aware of about the advisory fuel rates:

  • Employers do not need a dispensation to use these rates. Employees driving employer provided cars are not entitled to use these rates to claim tax relief if employers reimburse them at lower rates. Such claims should be based on the actual costs incurred.
  • The advisory rates are not binding where an employer can demonstrate that the cost of business travel in employer provided cars is higher than the guideline mileage rates. The higher cost would need to be agreed with HMRC under a dispensation.

If you would like to discuss your car policy, please contact us.

Childcare support for working parents to double

Friday, June 5th, 2015

David Cameron announces plans to double free childcare for working parents, with some families set to benefit as early as next year.

  • Parents set to benefit from 30 hours of free childcare, with rollout to start from 2016 – a year earlier than planned.
  • Childcare funding rates to increase, with review promised before summer.
  • New government taskforce will introduce changes as soon as possible.

The Childcare Bill, introduced 2 June 2015 will double free childcare available for all working parents of 3 and 4 year olds to 30 hours a week – available to up to 600,000 families and worth around £5,000 a year – including the £2,500 they can already save from existing free childcare offers.

And, in a move to underline the government’s commitment to support working families with the costs of childcare, plans are being drawn up to introduce the changes for some families a year earlier than planned, with pilots in some areas offering 30 hours worth of free places from September 2016.

On top of this, the government is also committing to increase the average childcare funding rates paid to providers (the hourly funding provided for each free place): the Department for Education is set to begin a review before summer, overseen by Childcare Minister Sam Gyimah.

A new government taskforce, headed by Minister of State for Employment Priti Patel, will also work to drive forward the plans and ensure not a moment is wasted in passing the benefits onto working families.

Over a million more people given the chance to own their own home

Thursday, June 4th, 2015

Communities Secretary Greg Clark is to announce landmark changes to spread home ownership to millions.

  • Government confirmed in first Queen’s Speech measures including a ground-breaking Housing Bill
  • Right to Buy to be extended to 1.3 million housing association tenants
  • Sweeping new measures, including a Right to Build, to also boost house building

Communities Secretary Greg Clark said:

Our Housing Bill will offer over a million people a helping hand onto the housing ladder. That is what a government for working people is about – making sure people have the security they need to build a brighter future for them and their families.

The Bill includes a comprehensive range of measures to offer England’s 1.3 million housing association tenants the chance to benefit from the same opportunities council tenants enjoy, with significant discounts to buy their homes.

Receipts from selling an owner’s current property will help build replacement affordable homes on a one-for-one basis. This means the number of homes across all tenures will effectively double for each home sold, increasing national housing supply and creating a new affordable home for those in need from each sale.

First-time buyers will be further helped by plans to deliver 200,000 Starter Homes, which will be available at a 20% discount to first-time buyers under 40.

A ‘Right to Build’ in the Bill will also help increase housing supply and diversify the housing sector by giving people the right to be allocated land with planning permission for them to self-build or commission a local builder to build a home. Self-build delivers a majority of homes in many other countries and can act as a boost to smaller and medium sized builders.

The Bill will confirm housing as a priority for the government, and ensure home ownership is once again seen as an attainable aspiration.

Tax Diary June/July 2015

Monday, June 1st, 2015

 1 June 2015 – Due date for Corporation Tax due for the year ended 31 August 2014.

 19 June 2015 – PAYE and NIC deductions due for month ended 5 June 2015. (If you pay your tax electronically the due date is 22 June 2015.)

 19 June 2015 – Filing deadline for the CIS300 monthly return for the month ended 5 June 2015.

 19 June 2015 – CIS tax deducted for the month ended 5 June 2015 is payable by today.

 1 July 2015 – Due date for Corporation Tax due for the year ended 30 September 2014.

 6 July 2015 – Complete and submit forms P11D return of benefits and expenses and P11D(b) return of Class 1A NICs.

 19 July 2015 – Pay Class 1A NICs (by the 22 July 2015 if paid electronically).

 19 July 2015 – PAYE and NIC deductions due for month ended 5 July 2015. (If you pay your tax electronically the due date is 22 July 2015.)

 19 July 2015 – Filing deadline for the CIS300 monthly return for the month ended 5 July 2015.

 19 July 2015 – CIS tax deducted for the month ended 5 July 2015 is payable by today.

Attempts to defraud a liquidator punished by courts

Monday, June 1st, 2015

A court order appointing a Provisional Liquidator was made by the High Court in March 2014 against Parkwell Investments Ltd, based in Wilmslow, Cheshire. The order removed the company’s officers and appointed a Provisional Liquidator in their place to protect the company’s remaining assets.

The company’s officers then deliberately and knowingly acted in contempt of court by transferring £450,000 out of the reach of the Provisional Liquidator.

The funds are now very unlikely to be recovered, a point which presiding Judge Mr Justice Norris took into consideration when sentencing. He said the company officers’ actions “were an affront to the rule of law and order”.

Amran Munir, Ali Sami Farooq, and Saif Chaudhry were each sentenced to six months’ imprisonment, of which three months is to be served in prison before being granted unconditional release. Unusually, the prison sentence was given in civil, rather than criminal, proceedings.

The individuals initially defended their actions but at the eleventh hour admitted to breaches of the court’s order.

Reclaiming VAT input tax prior to registration

Monday, June 1st, 2015

Once you have registered your business for VAT the first thing you should consider is the possibility of reclaiming input tax on purchases of goods and services prior to registration.

 This article summarises the issues you will need to consider for the two categories: goods and services.

There’s a time limit for backdating claims for VAT paid before registration. From your date of registration the time limit is:

  • 4 years for goods you still have, or that were used to make other goods you still have
  • 6 months for services

You can only reclaim VAT on purchases for the business now registered for VAT. They must relate to your ‘business purpose’. This means they must relate to VAT taxable goods or services that you supply.

You should reclaim them on your first VAT return (add them to your Box 4 figure) and keep records including:

  • invoices and receipts
  • a description and purchase dates
  • information about how they relate to your business now

If your pre-registration purchases and other costs are significant, this facility can produce a reasonable cash flow benefit. Please call if you would like our help to assess the possible claim you could make.

What is your business staging date

Monday, June 1st, 2015

Pensions’ automatic enrolment is not going to go away. Businesses have begun to receive notification of their staging date: the date on which pension arrangement under the scheme should be in place.

 According to the Pensions Regulator’s commentary on automatic enrolment:

“The law on workplace pensions has changed. Every employer with at least one member of staff now has new duties, including putting those who meet certain criteria into a workplace pension scheme and contributing towards it.

This is called automatic enrolment. It’s called this because it’s automatic for your staff – they don’t have to do anything to be enrolled into your pension scheme. But it’s not automatic for you. You need to take steps to make sure they’re enrolled.”

The stages or tasks you will need to complete by your staging date include:

  • Assessment of your workforce to see who is eligible.
  • Provide a point of contact.
  • Create an action plan.

 This will include choosing a pension scheme or checking that your present scheme will qualify.

If you are still unsure what you should be doing, we would be happy to point you in the right direction. As we mentioned at the beginning of this article, this requirement is not going to go away.