Introduction
Don't forget that we are still in the middle of the year end payroll
returns. The annual P35 form should have been filed by the 19 May 2006, if
filing online this deadline is extended to 29 May 2006. P60s should have
been handed to staff on or before the 31 May 2006. If you have not filed
the P35 form don't delay, penalties and interest may be applied!
If relevant, employers should also be working on the completion of
forms P11D, return of benefits and expenses, which need to be filed by the
6 July 2006. See tax diary below for payment dates if Class 1A NICs are
due. Again penalties and interest will be charged if returns and payments
are late. Do not hesitate to contact us if you need assistance.
Other articles in the newsletter this month include information on
changes to the Home Computer Initiative, Quick Succession Relief, new Tax
Credit filing dates, small company taxation and stamp duty land tax
relaxations for partnerships.
Home Computer Initiative
In his Budget speech March 2006 the Chancellor announced the abolition
of the tax exemption on the provision by employers of computer equipment
for home use.
Following a number of enquiries the Revenue have now confirmed:
- That anybody who has a computer made available to them prior to the
6 April 2006 will NOT be affected by the change.
- If an employee entered into an arrangement with their employers
before the 6 April 2006, but due to circumstances outside their control
were unable to take delivery until on or after the 6 April 2006, the
Revenue accept that the tax exemption will still apply.
It is also worth noting that computers provided by employers and
restricted to work use only at home, are still exempt from a tax
charge.
Inheritance Tax - Quick Succession Relief
Consider the case of Alan who is left a property by his late uncle on
the 1 January 2006, Alan finds a tenant and sets out to enjoy the fruits
of his inheritance. Unfortunately he dies from a road accident on the 30
December 2006.
The inherited property will now be added to his estate and may possibly
create a 40% IHT liability, depending on the value of his estate.
Is this fair? Less than one year has passed since the executors of his
Uncle's estate paid inheritance tax on the same property.
Fortunately the Revenue are sympathetic. Alan's executors can claim
Quick Succession relief. The relief is claimed as a partial reduction in
any IHT due. In the year following the transfer from his Uncle, this
relief will be significant - the benefit reduces on a sliding scale such
that after 5 years from the original transfer no further benefit can be
claimed.
Small Company Tax
From the 1 April 2006 the zero percent corporation tax rate for
companies who have taxable profits of £10,000 or under, was abolished.
In some ways this was a welcome simplification of small company
taxation. Effectively you could only claim the zero percent rate if the
£10,000 of taxable profits were retained in the business. If you withdrew
the profit as a dividend, then tax was payable at 19%.
The position now is:
- Companies with profits up to £300,000 will pay tax at 19%
- Between £300,000 and £1.5m at a marginal rate, and
- Profits in excess of £1.5m at 30%.
These bands of taxable income will be reduced if a company is
"Associated" with other companies - generally if companies are under
common control.
For instance if Mr A owned more than 50% of the voting capital of
Company X and Company Z, he would have effective control of both
companies. Company X would therefore be associated with Company Z for
corporation tax purposes. Each company would be allowed to make up to
£150,000 taxable profit each year at 19%. (£300,000 divided by 2)
The rules which define this associated relationship are complicated.
For instance in certain circumstances ownership of different companies, by
husband and wife, can result in an association.
If you have any investment in the voting shares of any company, even if
you consider them irrelevant, do discuss this issue with us when you next
present your annual accounts.
Stamp Duty Land Tax and Partnerships.
If your business has interests in land, and is managed by a
professional, trading partnership, you will be pleased by the change in
legislation proposed in the Finance Bill 2006.
Two relaxations of the SDLP regulations are included.
1. No SDLT charge on change of partnership sharing
ratios.
This charge could have occurred:
- on the introduction of a new partner,
- on the departure of an existing partner, or
- merely by altering the profit sharing ratios.
An SDLT tax charge could have applied on changes in income sharing
arrangements even if capital shares stayed the same.
2. Simplified rules when property is added to or removed from a
partnership.
The legislation provided that there would be an SDLT charge both on a
proportion of the market value of property and on a proportion of the
actual consideration, leading to illogical results in some circumstances.
Actual consideration will now be ignored in calculating the SDLT
charge.
As these proposals will not take effect until the Finance Bill has
Royal Assent (probably July 2006) it would be advisable to delay changes
in partnerships until the legislation is passed.
If you need to consider the SDLT consequences of moving property into
or out of a partnership please call.
Tax Credits - Changes from 6 April 2006
Renewals Notice.
This year you will need to file your annual renewals notice by the 31
August 2006, not the 30 September 2006, as was previously the case.
Increase in the upper age limit from 19 to 20
years.
You will qualify if you are responsible for a young person who turned
19 on or after the 6 April 2006 and,
- is in approved training or
- full time education that started before their 19th birthday. (Full
time education for tax credits purposes does not include a course
leading to a first or post graduate degree, or other higher level
diploma such as HND)
This increase in the age limit will continue to apply until the young
persons 20th birthday, or when they leave training/education program,
whichever is the sooner.
Direct Payment
The transition to direct payment of tax credits to your bank account
should now be complete. If you are still being paid via your employer call
the HMRC contact centre 0845 9009300.
Changes in circumstances
From April 2007 the time limit for mandatory reporting of changes in
circumstances will be reduced from 3 months to 1 month. The three month
back-dating rule will remain.
Tax Diary June/July 2006
1 June 2006 - Due date for corporation tax due for the
year ending 31 August 2005.
19 June 2006 - PAYE and NIC deductions due for month
ending 5 June 2006. (If you pay your tax electronically the due date is 22
June 2006)
1 July 2006 - Due date for corporation tax due for the
year ending 30 September 2005.
6 July 2006 - Complete and submit forms P11D return of
benefits and expenses, and P11D(b) return of Class 1A NIC's.
19 July 2006 - Pay Class 1A NIC's (by the 22 July 2006
if paid electronically).
19 July 2006 - PAYE and NIC deductions due for month
ending 5 July 2006. (If you pay your tax electronically the due date is 22
July 2006)
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DISCLAIMER - PLEASE NOTE: The ideas shared with you in this email are
intended to inform rather than advise. Taxpayers circumstances do vary and
if you feel that tax strategies we have outlined may be beneficial it is
important that you contact us before implementation. If you do or do not
take action as a result of reading this newsletter, before receiving our
written endorsement, we will accept no responsibility for any financial
loss incurred.
Dean Statham, 29 King Street, Newcastle, Staffs, ST5 1ER. Tel: 01782
614618 Fax: 01782 717287. Web: www.dsonline.co.uk. Dean Statham is a
limited liability partnership, registered for VAT under reference 812 0016
96. Partners in the firm are members of the Institute of Chartered
Accountants in England and Wales (ICAEW). This body has its headquarters
in the UK and its rules of professional conduct can be obtained from its
web site. Dean Statham are authorised to act as statutory auditors by the
ICAEW.