Working from home expenses

When you’re working from home, your bills are bound to rise. You’ll be using electricity, your own broadband and phone line, as well as making more use of your electricity, water and heating (especially in the winter).

If you are self-employed

The Government has published detailed guidelines for business people working from home. The trickiest element of this is that most things will be used for both business and personal use.

HMRC guidance is that you can claim for the cost of business calls made on a private telephone line and also an appropriate proportion of the line rental. You may, therefore, need to provide an explanation for the proportion of the total telephone bill you are claiming. This will also apply to broadband.

You can also claim for other costs of using a room at your home for business purposes (typically for office work). The sort of costs involved could include council tax, rent or mortgage interest, heat, light, water, insurance and cleaning. These can be apportioned on the basis of floor area, usage or time, or a combination of these. Typically, you will use one room as a part-time office (using it full-time is not recommended as this would cause capital gains tax problems on a sale of the property). If this is one of (say) six available usable rooms (excluding common areas, toilets, bathrooms etc), your starting point will be to claim one-sixth of the overall costs. You then need to consider the proportion of business use of that room to private use and reduce the claim accordingly.

If you are an employee

There are allowances you can claim if you’re an employee of a company, but these are dependent on whether or not this is specified as part of your job, or whether you’re doing it voluntarily. If it is your choice to work at home, you will not be eligible to claim any expenses at all.

However, if your employer has specified that you work from home as part of your job, or you have a homeworking agreement, your company can contribute £4 a week, tax-free, to help towards your extra costs.

The allowance only applies for regular working hours – you cannot claim if you occasionally work from home, or do work in the evenings or at weekends.

As an employee, you also have to show that the expense was necessary, and this is a very difficult obligation. If you decide to make this claim it will be restricted to the extra cost of heat, light etc and no claim will be available for council tax, mortgage interest or rent, insurance, or the cost of broadband or telephone lines. That is because those expenses would have been incurred anyway in your private capacity as a homeowner.

If you are a director

If you own your own company, you can set up an agreement between you and that company requiring you to work from home for certain periods of time; you can also set up a licence agreement under which the company will pay you a rent for use of your room as an office. This would enable you to make a claim which is closer to the self-employed rules. You will need to include the rental income on your personal tax return and claim the expenses against that rental. In practice, you will set the rent amount to more or less cover the claimable expenses, because if you set the rent too high you may end up paying personal tax (perhaps at 40%) and only getting corporation tax relief (at 19%)!

If you would like help working out what expenses you are entitled to when working from home, contact us to arrange an appointment.

Some Relief for Furnished Holiday Lets

 

For several years now the lack of availability of Business Property Relief (‘BPR’) for furnished holiday lets (‘FHLs’) has been well known and established through cases such as Pawson, Green and Ross. The courts in these cases ruled that the holiday lets were too much of a passive investment to qualify as a business, even though the owners were providing varying degrees of service it was often held to be no more than would be expected from self-catering (i.e. investment) properties. The boundary between a mere investment and an active business (not “trade”, the legislation says “business”!) is a hard one to cross with the level of other services provided to guests needing to be more akin to a hotel than a self-catering holiday let.

The loss of BPR can be a major blow to an estate. The 100% relief against inheritance tax afforded by BPR can be very valuable, hence why HMRC will be vigorous in their investigations into such a claim. For income tax and CGT purposes however there is usually no argument from HMRC. If the let is furnished, available for let for 210 days a year and let out for 105 days with no long term lets then as far as CGT is concerned the various trading reliefs are available. For income tax purposes too, if those criteria are met then the income is classed as trading thus allowing the owner to claim capital allowances. Such income is also qualifying income for pension purposes allowing for greater retirement planning opportunities. The loss of BPR for the estate after all those lifetime benefits can be most unfortunate.

However, an estate recently succeeded in obtaining the coveted BPR for a holiday let business. The executors of Mrs Grace Joyce Graham claimed the relief for holiday flats on the Isles of Scilly. Smelling blood HMRC contested the claim but the First-Tier tribunal dismissed HMRC’s challenge. In this instance the amount of work the deceased and her daughter put into the business (up to 200 hours per week between them at busy periods) and the level of extra services available to the guests were more akin to a hotel to anything else. New guests were given personal tours of the property and the level of personal attention was such that several TripAdvisor comments highlighted it was this personal input and hospitality which made their holiday special. In addition to the 4 flats on offer, there was: a swimming pool, a croquet lawn, a prize-winning garden (from which the guests could help themselves to herbs), a games room with a snooker table, table tennis, board games and videos; there was a sauna, the laundry room and a BBQ. Each flat was fully furnished and had its own kitchen and dining/living area. Basic foods were provided, flowers were delivered into the flats for new guests along with home-made marmalade (and wine or champagne for special occasions). Golf buggies and bicycles were available to borrow, the guest lounge contained books, an open fire and leaflets on local attractions.

The court pointed out that “it will only be the exceptional letting business which falls on the non-investment side of the line” – making clear that this finding did not alter the recent hard-line taken by the courts. But in this particular instance, Mrs Graham’s personal attentiveness in her lifetime pushed her estate’s BPR claim over that line:

“The pool, the sauna, the bikes, and in particular the personal care lavished upon guests distinguished it from other “normal” actively managed holiday letting businesses; and the services provided in the package more than balanced the mere provision of a place to stay. An intelligent businessman would in our view regard it as more like a family run hotel than a second home let out in the holidays”.

Non-tax-deductible expenses

 

If you’re running a business, it’s as important to understand the type of business expenses you cannot claim against tax as those you can. Deductible expenses are those where making a purchase is essential for your business operation. Non-tax-deductible expenses on the other hand, are those that are not necessary for the operation of your company.

With most expenses, it’s straightforward to work out whether or not they are tax-deductible, but with some expenses there are grey areas. This could mean that companies erroneously claim for expenses that aren’t deductible, and conversely, others could be not claiming for expenses that are.

Entertainment

Holding a meeting over a working lunch is a great idea in terms of client relations, but sadly, it is not a tax-deductible allowance. According to the bureaucrats, client meetings can be held without any refreshments at all, which is why refreshments are non-tax-deductible (… although try not offering your potential clients or suppliers a cup of tea and see how fast they go to the competition!)

On the other hand, when it comes to your staff, entertainment expenses are tax-deductible … but only to a point. If you spend less than £150 per employee across the entire year on staff parties (which includes food, drink, taxi fares home etc), then it is tax-deductible. But if you spend £150.01 upwards, then it counts as non-deductible. And as it’s an ‘all or nothing allowance’, meaning the entire amount is taxable – even if you only spend £150.01 – and must be declared as a staff benefit on the P11D form.

Some travel expenses

It depends how generous your company is feeling when it comes to travel expenses, but if you want to push the boat out and send your staff first class to stay in five-star hotels, you need to understand that lavish extravagances aren’t tax-deductible. Sorry. You can only claim for employees’ ‘reasonable’ expenses.

Asset depreciation

It’s a fact of life that your company vehicles, equipment and technological assets will depreciate in value as they get older. As an unavoidable consequence of usage and time, depreciation is non-tax-deductible.

However you can deduct capital allowances from your profits for various elements of your business: see the Government’s website for details, or ask us.

Building improvements

Necessary repairs to the building, plumbing or electrics are tax-deductible, but if you want to upgrade, update or rebrand the place, it’s classified as non-essential work and is therefore non-tax-deductible.

However, improvement costs will be deductible for capital gains tax purposes as enhancement expenditure when selling the asset

Legal fees

Legal fees are a complicated thing when it comes to whether or not they are tax-deductible. To be on the safe side, it’s best to check with your accountant.

We have highlighted some examples of allowable and non-allowable legal expenses:

Allowable

  • Legal fees relating to debt collection
  • Legal fees relating to employment matters
  • Legal fees relating to disputes regarding trading matters

Non-allowable

  • Legal fees relating to a company reorganisation
  • Architects fees for building improvement work
  • Legal fees relating to the acquisition of investment property i.e. shares in other companies

If you want help navigating through the maze of deductible and non-deductible expenses, contact us to make an appointment with one of our tax specialists.

Making Tax Digital for VAT

The Making Tax Digital (MTD) reforms represent a fundamental and unprecedented change to the UK tax system, which will ultimately impact all UK tax payers.

MTD has been delayed for all other taxes until at least 2020 but it is a requirement for all VAT-registered businesses with a turnover above £85,000 per annum to submit their VAT returns digitally, using MTD-compatible software, from April 2019.

MTD means that VAT registered businesses with turnover over the £85,000 threshold will need to submit their VAT returns digitally using MTD-compatible software. However, MTD also means businesses will need to keep their records in a digital format which enables information to be provided to HMRC directly from their accounting system or via bridging software, through application programme interfaces (APIs) which can also receive information from HMRC.

If you are a VAT-registered business with turnover of the £85,000 threshold you will need to keep digital records. If you keep your records on a spreadsheet you will need to have digital links, through MTD-compatible software, from the spreadsheet to HMRC. If you use an accounting package but prepare your VAT return using a spreadsheet, from April 2019 the accounting package and the spreadsheet will need to be linked digitally.

Many accounting software package providers will provide the application programming interface (API) links and there will also be third-party bridging software solutions. However, you will still need to keep digital records of the underlying transactions.

Under MTD, digital records of all sales will have to be kept, broken down by VAT liability (ie, the value of standard-rated, zero-rated, exempt and outside-the-scope supplies). As of now, only a total of all sales is required for the VAT return. It is also necessary to retain other information, such as all adjustments for business entertainment, car leasing and reverse charges on imported services, and summarise purchases broken down by VAT liability.

For VAT returns submitted on or after 1 April 2019, you will be required to submit the information which completes the existing nine boxes on the VAT return digitally using MTD-compatible software. However, you can also choose to voluntarily submit supplementary data on a periodic basis, such as in relation to the total adjustments made or total supplies made at different VAT liabilities.

HMRC has stated that when deciding whether to carry out a VAT inspection on a business, it will take into account whether the business has provided supplementary data, there are no queries, HMRC is less likely to carry out a VAT inspection.

HMRC has confirmed that there will be a ‘soft landing’ period between April 2019 and March 2020, when there will be no financial penalties for record-keeping failures. However, there must be a digital link between your accounting records and HMRC from the outset on 1 April 2019.

Finance Bill 2017 Reinstatement & New Timetable for Making Tax Digital (‘MTD’)

The government has announced that all measures dropped from the Finance Act will be reinstated in a Second Finance Bill which will be introduced as soon as possible after MPs return to parliament in September.

All policies originally announced to start from April 2017, including the significant changes to the taxation of non-domiciled individuals and loss relief for companies, will be effective from this date.

The government has also confirmed an amendment to the implementation of Making Tax Digital (‘MTD’). Under the reformed timetable from 2019, businesses with a turnover above the VAT threshold (currently £85,000) will have to keep digital records, for VAT purposes only. 

Businesses will not be asked to keep digital records, or to update HM Revenue & Customs (HMRC) quarterly, for other taxes until at least 2020 under the reformed proposals. MTD will also be available on a voluntary basis for the smallest businesses, and for other taxes.

Financial Secretary to the Treasury and Paymaster General Mel Stride said:

“Businesses agree that digitising the tax system is the right direction of travel. However, many have been worried about the scope and pace of reforms. We have listened very carefully to their concerns and are making changes so that we can bring the tax system into the digital age in a way that is right for all businesses.”

The changes to MTD follow widespread concerns voiced about the initial implementation timeline, with the House of Lords Economic Affairs Committee saying the previous timetable for implementation of MTD was “rushed” and that many small firms were not ready to cope with the additional administrative and financial burdens of digital taxation.

The changes will be legislated as part of the second 2017 Finance Bill which is to be introduced after the parliamentary summer recess.

For further information or any queries you may have regarding the above, please do not hesitate to contact John Neighbour (Tax Director), Amy Armitage (Tax Manager) or any other member of the HB team on 01992 444466.

Posted in Tax

Car Fuel Benefits

We have for several years been reminding clients that “enjoying” free car fuel from their employer for their private mileage can often be a bad deal.

If, for example, you have a diesel car with CO2 emissions of 140 grams per kilometre, you pay 120 pence per litre for fuel, manage an average of 35 miles per gallon, and are a 40% taxpayer, you would need to drive more than 17,000 private miles during the current tax year before you were better off with the so-called benefit.

If, in the same situation, you are also the owner of the company, there would be the additional cost of Class 1A contributions on the benefit.  After corporation tax relief this would cost the company an extra £758 so you would need to clock up private mileage of over 22,000 miles before you were ahead of the game.

Even with a petrol driven car with CO2 emissions of 105 g/km, you would still need to drive more than 11,500 private miles (or 14,500 private miles for the company owner) in order to really benefit from “free” fuel.

If you are currently receiving free fuel and, in the light of the above, decide to stop, you will only be charged the fuel benefit for part of the tax year, provided you don’t revert to free fuel before the end of the tax year.

WARNING

However, if you already have a company car but no free fuel, and you decide to start taking the free fuel “benefit” you should make sure you do so at or close to the start of the tax year.  This is because you will be charged the benefit for the full tax year regardless of when you start to take the benefit.

As a worst-case scenario, if you stated to take private fuel with effect from 5 March, you would need to drive twelve times as many private miles as the numbers quoted above!

Posted in Tax

The dreaded self-assessment tax return

With the self-assessment tax return deadline looming, this is the time many freelancers and ‘solopreneurs’ start panicking!

Many find filling in their tax return an onerous prospect and, as a result, it’s traditionally a task which gets left until January, with some only just getting it in on time: in 2016, 385,000 people filed their returns on 31 January, narrowly avoiding the £100 penalty – even so, an anticipated 870,000 returns were still to be filed, which also suggests that hundreds of thousands of people are struggling to do their own returns.

In fact, recent research shows that 63% of sole traders manage their own submission, with an unsurprising 55% saying they don’t like the process! 45% of people spend 5 hours or more on doing their tax return, with 22% spending more than 10 hours on the task. That’s a lot of time which could have been better spent on their core business.

Digital changes

As if the yearly bind of tax returns isn’t enough, by 2020 the Government will completely change the way they collect taxes, saying that: “By 2020, businesses and individual taxpayers will be able to register, file, pay and update their information at any time of the day or night, and at any point in the year, to suit them. For the vast majority, there will be no need to fill in an annual tax return.” Instead, from April 2018, all businesses will be required to update HMRC on a quarterly basis. However, if your self-employment income is a secondary source or you are a landlord, you will only need to do this if your income is more than £10,000 a year.

Currently, 78% of small businesses are compiling their costs and expenses without the use of specialised software, despite the plethora of apps available to make the process easier.

What to do if you are panicking

See an accountant! If you are struggling to get your self-assessment tax return in by 31 January, or are worried about how you will be affected by the Government’s new ‘Making tax digital’ policy, it’s time to seek professional advice and help.

If you would like help with all aspects of your business accounting, management and advice, contact us for further details.

Posted in Tax

Making Tax Digital (MTD)

 

 

As the next step in abolishing tax returns and replacing them with individual digital tax records, on 15 August 2016 HMRC published a series of consultation documents.  These set out some of their ideas and timings, but were open for responses by professionals and businesses until 7 November 2016.  The undermentioned points are subject to any amendments which might be made as a result of the consultations.

MTD will be introduced in three stages.  Income tax and national insurance will start in April 2018; VAT in April 2019; and corporation tax in April 2020.  Those individuals with business and/or property income totalling less than £10,000 per annum will be exempt from MTD and those who genuinely cannot use digital tools will not have to do so.  Suggested reasons for this are disability, age or remoteness of location.  Charities will also not be forced into MTD.  Some smaller businesses/landlords may be given an extra year to get their records in order.

Those who are “caught” by MTD will need to introduce digital tools to enable them to report details of their business/property income electronically to HMRC on at least a quarterly basis.  HMRC recognise that this will involve a real cost to some businesses and they are consulting with commercial software providers with a view to them providing free or low-cost software.  HMRC are not proposing to provide their own free software!

Under the current system businesses have a very long time in which to provide their account details to HMRC.  For instance, a business with an accounting year ending on 30 April 2016 would have until 31 January 2018 in which to file a tax return with those details.  Under the new proposals they would have just 14 days in which to report the quarterly details and nine months in which to finalise their annual figures.

Coupled with these much tighter time limits, HMRC are proposing to change the penalties system more in line with driving offences.  One possibility is that a penalty point will be “awarded” for each failure to meet a quarterly or annual filing deadline and a penalty will be imposed once four points have been accumulated.  Further penalties would be incurred for each subsequent failure and the slate would not be wiped clean until a full two years of compliance had been achieved.

As well as penalties for late submission, HMRC are proposing to change the interest charges for late payment.  There are currently no plans to change the tax payment dates of 31 January and 31 July, but the current system of charging interest (currently at 3% per annum) from the due date plus a 5% penalty on tax still unpaid after 31 days, would be replaced by a penalty interest system which would kick in after just 14 days at a suggested rate of 10%.  Taxpayers would, however, have the opportunity to try to negotiate a “time to pay” arrangement within that 14 days without incurring penalty interest.  Taxpayers would also have the option to “Pay as you Go” if they wished to do so.

In an attempt to make reporting simpler HMRC are suggesting that taxpayers should be able to adopt the cash basis of accounting where their turnover is higher than the currently permitted level of £83,000.  They have suggested possible limits from £100,000 to £166,000.  Under the cash basis any qualifying capital expenditure can be claimed as though it were an expense of the business, whilst any capital sales will be treated as income.

Partnerships would be dealt with in a similar way to individual businesses but the information provided to HMRC by the partnership would be automatically transmitted to each individual partner’s Digital Tax Account, thus avoiding the need for the present duplication of reporting.

There is a lot of reliance in the new arrangements for information provided by third parties.  At the moment HMRC receives information from employers, banks, building societies and government departments.  From April 2017 HMRC will be using some of this information on a real-time basis to try to ensure that the right amount of tax is being deducted under PAYE, with bank and building society interest being included from April 2018.  In respect of this additional information taxpayers will, as at present, have the right to opt out of the automatic adjustment and pay the tax separately if they wish.

By 2020 the objective is to have taken almost everyone out of the need to file a tax return.  Access will be looked for to other sources of income such as dividends, peer-to-peer lending and property income.

In order to ensure that third party information is accurate, HMRC will provide the taxpayer with a list of income sources with multiple bank accounts shown separately so that the individual figures can be checked.  It is hoped that any queries will be able to be resolved through the Digital Tax Account or an alternative route, but it may be necessary for the taxpayer to approach the third party direct to resolve some issues.

HMRC have announced their intention to allow taxpayers to authorise an agent to access their Digital Tax Account, but no timeline for this has yet been suggested.

We will be considering our response to the consultation documents and will update our report once the various matters have been resolved.

Posted in Tax

Main points from The Budget 16 March 2016

Following on from today’s budget, see below the main points from HB’s tax specialist.

Capital Gains Tax:
The rates of tax will be reduced from 28% to 20% and from 18% to 10% with effect from 6 April 2016, but the “old” rates will still apply to disposals of residential property (apart from your main residence, which is exempt).

Company tax:
From 1 April 2016 loans to directors etc. will be taxed on the company at 32.5% instead of 25%. This tax is only payable if the loan is still outstanding 9 months after the end of the accounting period, and it is repayable to the company if and when the loan is repaid.

From 1 April 2020, corporation tax will be reduced to 17%.

Personal tax:
From 6 April 2017 the personal allowance will be increased from £11,000 to £11,500 and the higher-rate tax threshold is also to be increased from £43,000 to £45,000.

National insurance:
Class 2 national insurance, which is currently paid at £2.80 per week by the self-employed, will be abolished completely from 6 April 2018.

Investments/pensions:
The annual ISA (Individual Savings Account) limit is to be increased from £15,240 to £20,000 from 6 April 2017.

A new Lifetime ISA is also being introduced from 6 April 2017 to help people save to buy their first property or to save for retirement. £4,000 per year can be saved and the government will add a further £1,000 to this.  The money can be used to put towards the purchase of a first home or retained and drawn down tax-free after age 60.  Each individual can open one so a couple saving for a home can effectively double the benefit.

7 Fundamental Tax Tips for UK Entrepreneurs in 2016

Did you know that there are a whole host of tax benefits currently available for UK entrepreneurs? If you’re just starting out on a new business venture it’s highly advisable to research tax tips for UK entrepreneurs to not only ensure you are following best practice when it comes to your financial accounts, but you are also making the most of any tax benefits available.

7 tax tips for UK Entrepreneurs in 2016

 

  1. Working from home?

If you are a UK entrepreneur the chances are that you will be running your business from home.  Did you know that you can claim tax relief on a proportion of your home expenses such as heating, lighting, council tax, home insurance and mortgage interest?  You need to be realistic about the claim and you should also make sure you don’t use any room exclusively for business, as this could cause capital gains tax problems if you sell the property.  You start by apportioning the expenses over the number of rooms in the property to get the amount relating to the room you use mainly as an office.  Then you need to look at the amount of time you spend using the room for business purposes as against private use and scale down the amount accordingly.  You can also claim for business use of telephone and broadband.

 

  1. Company transport? It pays to pick up

Many people find twin cab pick-up trucks almost as desirable as SUVs.  If you are one of those people it would be worth getting your company to buy one of these for your company vehicle.  Provided the vehicle payload is more than 1,000 kg. it is treated as a van for tax purposes and you get the use of it at a much lower tax cost than a “normal” SUV.  You can also write off the full cost of the vehicle against company tax, whereas you would only be able to write off 8% of the cost of a car each year.  On a £20,000 vehicle this means the company benefits from a tax saving of about £3,500 and the director saves about £1,500 (assuming personal tax at 40%).  If the company pays for all fuel for both private and business use, the further tax saving can be up to an astonishing £8,500.

 

  1. Kids on wheels

If you have a teenager who has just learned to drive, you will know that car insurance can be very expensive.  Why not get the company to buy a very low emission car (75 g/km or less) and let them use it.  The company will be able to write off the full cost of the car against tax as well as all the running costs except fuel.  You will have to pick up the tax cost of the car benefit but, even if you pay tax at 40%, on a car costing (say) £12,000 this would only cost you about £500 a year.

 

  1. 5th April … put it in your diary

From the 5th April, the government is making big changes to the dividend route for businesses. As a UK entrepreneur, if you’re already in business it’s recommended to bring forward your dividend payment to save on tax and take less in the next financial year. If you decide to bring forward your dividend payment before the new financial year just double check that this doesn’t take you into the income tax bracket of over £100,000 as this could impact the level of tax taken against your income.  This is not a ‘one size fits all’ so you need to take advice on this.

 

  1. Saving for your family

As a UK entrepreneur success can also come down to how financially savvy you are with your money outside of your business investment too. Bedding down for the long term with a plan for financial security will give you that reassurance that your family life is taken care of whilst you are building your business. Have teenagers? Set them up with a First Time Buyer ISA to help them prepare to get onto the property ladder. With a Help to Buy ISA the government will top up any savings you add to this account by 25% (tax-free) up to a maximum of £3,000.

 

  1. Saving for the future

As a UK Entrepreneur it’s also worth noting that as soon as you start to employ people within your company you will be legally obliged to provide employee contribution pensions otherwise referred to as ‘auto-enrolment’ by 2018. Failure to do so could lead to fines of up to £2,500 daily depending on how many members of staff you employ.

A business owner can put up to £40,000 per year into a pension tax free via an employer based pension. If you decide to take the alternative route and save personally the government would charge National Insurance and Employer National Insurance. A business receives tax relief on pension payments and also avoids National Insurance – so consider contributing via the business rather than personally if you can.

 

  1. Digital Tax Returns

On a final note, it’s worth having on your radar government plans to introduce digital tax accounts.  The move will allow UK Entrepreneurs who have started to generate revenue from their business to manage their tax returns in real-time and submit accounts throughout the year rather than in one go. In addition, by 2020 your business should be able to link in your accounting software and bank accounts directly to your digital tax account. The benefit? If your account information is submitted regularly your tax bills will be more closely related to your overall performance.

 

If you’re a UK entrepreneur and are looking for financial advice from approachable specialists please get in touch, the HB Accountants team would love to see how we can help build your future business.

As responsible professionals, we always advise seeking professional advice on your unique circumstances before proceeding with any of the points raised in this article.

 

 

Posted in Tax