New penalties for errors on tax returns and documents

HMRC has published new guidance on the new penalty provisions that will apply from April 2008.

HMRC states that it has designed the new penalties so that:

  • If people take reasonable care when completing their returns they will not be penalised.
  • If they do not take reasonable care errors will be penalised, and the penalties will be higher if the error is deliberate.
  • Disclosing errors before HMRC find them will substantially reduce any penalty due.

The new penalties initially apply to VAT, PAYE, National Insurance, Capital Gains Tax, Income Tax, Corporation Tax and the Construction Industry Scheme.

Further information can be found at:
http://www.hmrc.gov.uk/about/new-penalties/penalties-leaflet.pdf
http://www.hmrc.gov.uk/about/new-penalties/faqs.htm  

A principled approach to anti-avoidance

Historically, the government’s response to an avoidance “scheme” has been to block it (and then block scheme mark 2, et seq). Look at national insurance (NIC). I am (sadly) old enough to remember when employees were paid bonuses in gold coins to save NIC. Gold coins were of course blocked, so the market moved on to platinum sponge, fine wine and, as I recall, carpets. It took a long time to introduce legislation to stop all similar schemes.

From the Treasury’s perspective principles-based avoidance legislation makes perfect sense.

There has been a lot of sophisticated planning around interest income and HMRC and the Treasury are seeking to change the rules of the tax planning “game” with the introduction of a principle. The consultative document states: ‘A return designed to be economically equivalent to interest is to be taxed in the same way as interest.’ (Regrettably the ensuing draft legislation is nowhere near as succinct).

If this principle based approach is successful in this area, we have to ask – what will be the next step?

£520 increase in your national insurance contributions

Some years ago I was involved, in a minor way, in the writing of a Government report on the merging of PAYE and National Insurance. If my memory serves, the report highlighted 5 major (i.e. politically sensitive) hurdles to the merger of these two “taxes”.

Subsequent Governments have tackled some of these, including aligning the lower thresholds for income tax and NI, and charging Class 1A NIC on benefits in kind. However, perhaps the most politically sensitive point still remains - if income tax and NI are actually merged that would give a headline percentage for basic rate tax of 33%. This would fall to 31% from next April, but it doesn’t sound as good as 20% does it?

Although a true merger may still not be on the cards, the alignment of the two taxes continues. The change for 2008 onwards is a substantial increase in the upper earnings limit for NI. This is the maximum level of income on which you pay the full rate of employee NI – any earnings above that limit attract only a 1% charge.

The upper earnings limit will rise from £34,840 to £40,040 from April 2008. This means that you will pay 11% on an extra £5,200 rather than the 1% payable this year – an increase of £520.
The level at which the 40% higher rate of income tax will apply for 2008/09 has not yet been announced, but is expected also to be £40,040, thus aligning both the lower and upper limits for tax and NI. This extension of the basic rate band, together with the proposed reductions in the basic rate from 22% to 20%, should more than compensate for the extra NI. However, for those people who have the choice, the message is still clear - take income in the form of dividends rather than salary whenever possible and avoid the additional NI.