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Mr Darling's first changes to Capital Gains Tax (CGT) - effective 6th April 2008 - were announced in early October of last year - just after David Cameron's speech to the Conservative Party Conference and whilst Mr Brown was still ruminating on whether or not to call a General Election. In effect these proposals would abolish the favourable 10% CGT rate applicable to business assets and reduce the rate of CGT on non-business assets from a marginal rate of 40% to a single rate of 18%.
In the wake of a huge backlash from the business community, these proposals have just been amended to retain some of the advantages applicable to business asset gains.
Entrepreneurs' Relief Entrepreneurs' Relief will be available with affect from 6th April 2008 in respect of:-
• Gains made on the disposal of part of a business or
• Gains made on disposals of assets following the cessation of business
• By certain individuals who are involved in running the business.
The first £1M of gains that qualify for relief will be charged to CGT at an effective rate of 10%. Gains in excess of £1M will be charged at the normal 18%. An individual will be able to make claims for relief on more than one occasion, up to a life time total of £1M of gains qualifying for Entrepreneurs' Relief. (We assume - but cannot be certain - that this £1M lifetime clock starts on 6th April 2008 and disregards prior business asset sales).
Conclusion The rate reduction of 40% to 18% for non business assets (e.g. stock market investments, investment property) is fantastically good news. Mr Darling's new Entrepreneurs' Relief is also welcome. Whether or not you hold capital assets which are business assets or non business assets, if they contain significant unrealised gains, come and talk to us immediately and certainly well before 5th April 2008 - it could be worth your while!
Inheritance Tax (IHT)
Mr Darling's key proposed change to IHT relates to the "nil
rate band" , i.e. the amount that you can pass on to people
other than your husband, wife or civil partner, without
paying IHT; this tax free amount is currently £300,000. Under
the previous IHT rules, if someone dies and leaves their entire
estate to their spouse, their nil rate band is "wasted" because
when their spouse ultimately dies and passes the combined
estate on to the next generation, only the second spouse's nil
rate band amount passes tax-free.
The new proposals provide that the amount not used when
the first spouse died may be used when the second spouse
dies. So in the scenario just outlined, £600,000 and not
£300,000 passes on to the next generation tax-free. These
changes take effect in relation to all cases where the second
spouse dies after 9 October 2007 and without any restriction
in relation to the date of the first spouse's death.
Before Mr Darling's changes, the same result could be
achieved, as long as wills incorporated a "nil rate band trust";
so in many cases, this is an administrative simplification rather
than a tax cut. Nonetheless, we believe that any simplification
in inheritance taxation is to be welcomed.
If you have already incorporated a "nil rate band trust" in your
will, there is probably no pressing need to rewrite your will
since such a trust does not currently have any adverse tax
consequences. Nonetheless, when you next review your will,
it would be sensible to consider removing any provision for
such a trust, if only in the interests of administrative
simplicity. As always, do please talk to us when you are
reviewing your estate planning needs.
Company Pension Schemes
Situations arise where employees prefer to receive
"additional pension" rather than taxable bonus. As the rules
currently stand, considerable National Insurance (NI) savings
are achieved if companies route such contributions directly
into the employee's pension scheme; in addition, the
amount qualifying for corporation tax relief will not usually
be restricted to the employee's earnings in the tax
year concerned.
For example, Market Garden Ltd pays £80,000 into a pension
scheme it established for its managing director, Algie. The
company obtains corporation tax relief @ say 20% =
£16,000. This does not usually require the director/employee
to have earnings of £80,000.
If the company paid a salary instead and then Algie paid a
pension contribution to shelter the income from income tax,
the position is as follows:-
• Earnings with same gross cost to employer of £80,000 =
£69,760 ( 12.8% thereof is employer's NIC = £10,240 ).
Corporation tax relief is £16,000 as before. Earnings of
£69,760 attract 1% employee NIC = £697.60.
• Extra cost of earnings route = £10,240 + 697.60 =
£10,937.60. Furthermore, only £69,760 can go to the
pension scheme instead of £80,000.
It can be seen that substantial NIC savings can be achieved
if the employer makes a pension contribution rather than
the employee.
Non Domiciles
Non UK domiciled individuals currently only pay UK income
tax on foreign income if this is remitted to the UK. With
effect from 5 April 2008, any "non dom" who has been
UK resident for more than 7 years, will be faced with
two choices:-
• Paying UK tax on world wide income, regardless of
whether is it remitted or not.
• Paying an annual levy of £30,000 on top of UK tax payable
on remitted income.
The seven year qualifying period runs from the date a "non
dom" arrives in the UK, so many "non doms" will go straight
into the new system from 5 April 2008. Other "non dom"
proposals include changes to the following:-
• Personal allowances are available to residents who are
non-domiciled. From 6 April 2008, personal allowances
cannot be claimed at the same time as using the
remittance basis. There will be a de-minimis limit whereby
if the unremitted foreign income is less than £1,000 then
personal allowances may still be claimed.
• Day count for residency; HRMC currently does not count
days of arrival or departure when measuring the 182 days
or 90 days over four years rules for UK residency purposes.
From 6 April 2008 this will no longer be the case and
days of arrival and departure will be included as days
of residency .
• Converting income to capital. The use of off-shore
structures to convert taxable income and gains into nontaxable
payments is to be prohibited.
Money Laundering
Britain's National Criminal Intelligence Service ( NCIS ) was
launched in 1992 to "provide leadership and excellence in
criminal intelligence". This agency has recently been replaced by the Serious Organised Crime Agency (SOCA). As
accountants, we are under an obligation to report any of our
clients we think may be handling the proceeds of crime
(money laundering). Happily, we must move in the wrong
circles because so far we have not had to file any reports.
A comparison of how seriously Britain adheres to European
legislation as compared with fellow EC member states makes
for rather predictable reading. According to a recent report
in the Financial Times, the number of reports submitted in
the UK to SOCA and its predecessor NCIS since 1992 is
140,000; German reports number about 2000; France 11;
Italy unknown!
Capital Allowances Changes - Invest Now Or Later?
The system for getting tax relief on capital investment is
changing rapidly on 1 April for companies and 6 April for the
self employed.
At the moment, small businesses get a first year allowance of
50% on plant and equipment followed by a writing down
allowance (w.d.a) of 25% per annum on the balance.
In April next year, the w.d.a will go down to 20%. There
will be an Annual Investment Allowance available to all
businesses of up to £50,000. In other words, capital
expenditure on plant and equipment will be fully tax
deductible in the year of purchase up to £50,000. This
£50,000 is being phased in so that , if you make up your
accounts to the end of April, you will only get one-twelfth
in the first year, to the end of May, two-twelfths and so on.
So farmers, contractors and any other businesses that buy
large items of capital equipment may be best advised to
delay the purchase of, say , a tractor until April or later.
Instead of getting 50% relief immediately, they will get 100%
if they time their investment right. If you are in any doubt
about how this is going to work, you should contact us.
Cars are to have a regime of their own. This will be based on
CO2 emissions. Cars with CO2 emissions up to 120g/km will get
a 100% first year allowance. Cars with emissions between
121g/km and 165g/km will get w.d.a of 20%. And cars with
emissions exceeding 165g/km will get 10% w.d.a. The concept
of an expensive car - which has been stuck at a list price of
£12,000 for some years now - is to go. This radical change is
best exemplified by the VW Polo Blue Motion. This has CO2
emissions of 99g/km. The tax disc costs nothing. But the 5-door
version costs £12,595. Under the present regime, this is an
expensive car and the capital allowance is limited to £3,000.
Under the new regime, the allowance will be 100% or £12,595.
Tax Penalties - HMRC Play It Tough
You may not be aware, but HRMC are tightening up on the
penalties for getting it wrong, or even getting it right - but
at the wrong time. For instance, failure to submit a benefits
return (form P11D) by 6 July following the end of the related
fiscal year will technically incur a penalty of £100 per month
for each form until the failure is rectified, and Inspectors are
now encouraged to press for these penalties. This could be a
tidy sum if a number of forms are involved and the returns
are considerably overdue.
The penalty regime is, however, set to become even more
stringent. The rules have still to be finalised but it is expected
they will be introduced for tax return periods commencing
after 31 March 2008. It is proposed to introduce a scheme
of fixed rate penalties for errors in returns, the penalty being
tax geared and the rate dependant on the seriousness of the
behaviour of the taxpayer in causing the inaccuracy. The
three categories of inaccuracy are:
Careless - 30%
Deliberate but without concealment - 70%
Both deliberate and concealed - 100%
However, these fixed rates can be mitigated through
disclosure, prompted or unprompted, the latter of course
qualifying for a higher level of mitigation. Note that it is even
proposed that failure to report an error in an assessment
raised by HMRC itself will incur a fixed penalty of 30%.
(Heads I win...................)!
Finally, on a more positive note, it should be noted that an
innocent error where there has been a genuine mistake will
not be penalised. What is an innocent error? Well that's
another story!
A Letter From An Irish Mother To Her Son
Dear Son,
Just a few lines to let you know that I am still alive. I am writing this letter slowly because I know you can't
read very fast.
You won't recognise the house anymore when you come home; we have moved.
We have a new washing machine in our new house, but it hasn't been working too good. Last week I put
in 14 shirts, pulled the chain and I haven't seen them since!
About your father - he has a lovely new job. He now has 500 people under him. He is cutting the grass at
the cemetery.
Your sister, Mary, had a baby this morning. I haven't found out yet whether it was a boy or a girl, so I don't
know if you are an Uncle or an Aunt.
Your Uncle Dick drowned last week in a vat of whiskey in Dublin Brewery. Some of his co-workers dived
in to save him, but he fought them off bravely. We cremated the body and it took three days to put out
the fire.
I went to the doctor on Thursday, and your father came with me. The doctor put a small tube in my mouth
and told me not to open it for ten minutes - your father offered to buy it from him.
The weather isn't bad here. It only rained twice last week. The first time was for three days and the second
for four. On Monday the wind blew so hard that one of the chickens laid the same egg four times.
We had a letter from the undertaker. He said that if the last payment on your Grandma's plot isn't paid, up
she comes.
I am sorry I haven't got more news for you son.
Your loving Mother,
PS. I was going to send you five pounds, but I have already sealed the envelope.
Church Bulletins
• The Fasting and Prayer conference
includes meals.
• Ladies, don't forget the rummage
sale. It's a chance to get rid of those
things not worth keeping around the
house. Bring your husbands.
Miss Charlene Mason sang "I will not
pass this way again" giving obvious
pleasure to the congregation.
• Irving Benson and Jessie Carter were
married on 24 October in the church.
So ends a friendship that began in
their school days.
• Scouts are saving aluminium cans,
bottles and other items to be recycled.
Proceeds will be used to cripple children.
• This evening at 7pm there will be a
hymn singing in the park across from
the Church. Bring a blanket and
come prepared to sin.
• Low Self Esteem Support Group will
meet Thursday at 7pm. Please use
the back door.
• Weight Watchers will meet at 7pm
at the First Presbyterian Church.
Please use large double door at the
side entrance.
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