Pre-Budget Report 2009 - company cars and fuel

The Chancellor has announced a number of (largely deferred) changes to the tax treatment of company cars and fuel provided by employers:

  • from 6 April 2010, the taxable benefit on fuel provided to employees with company cars and vans will be increased.
  • from 6 April 2010, employees provided with electric cars and vans will not have a taxable benefit in kind for a period of five years.  
  • from 6 April 2012, the benefit in kind on most cars will be increased.
Whether our present Chancellor is there to see these all through may be a different matter.

David Mansell is a tax adviser and a partner at Mercer & Hole. If you would like to discuss the contents of this post with David you can call him on 01908 605552. 
 

Pre-Budget Report 2009 - Research & Development (R&D)

Some good news buried in the detailed HMRC press releases relates to small and medium companies involved in research and development. Until now it has been necessary for the SME to own rights to any intellectual property which results from their work. This requirement is to be relaxed for work done in any accounting period ending on or after 9 December 2009.

This will assist companies who do research and development in conjunction with other parties. If previously barred from doing so, they should now reconsider whether they are eligible to claim an additional 75% relief.

Rachel Haddow is a tax adviser and a manager at Mercer & Hole. The views given in this blog are personal to the author, if you would like to discuss the contents of this post with Rachel you can call her on 01727 869141.

Pre-Budget Report 2009 - yet more changes to the pension regime!

Just as a reminder the tax breaks on pension contributions over £20,000 were potentially restricted from 22 April this year. The changes were wide-ranging and very complicated.

Unfortunately it has just got worse: with more changes as of today. They key change is that the restriction of relief may now apply to contributions made as of today to pension payments above the normal pattern by individuals with income in excess of £130,000 (previously £150,000).

Cathy Corns is a tax adviser and a partner at Mercer & Hole. If you would like to discuss the contents of this post with Cathy you can call her on 01908 605552. 
 

Pre-Budget Report 2009 - VAT

The key VAT issues from the Pre-Budget Report are as follows: 

  • Draft legislation has been published which sets out the proposed new penalties for late filing of returns and payment of VAT. This brings VAT into line with other taxes as part of the new tax penalty regime. HMRC are seeking comments on the draft legislation by March 2010.
  • Businesses which operate the Flat Rate Scheme will be required to use revised percentages with effect from 1 January 2010. The new rates will reflect the increase in the standard rate of VAT back to 17.5% and changes in business patterns for certain sectors. Businesses should review the new rates to consider whether it remains beneficial to remain in the scheme.
  • Bingo duty will be reduced from 22% to 20% in next year's Budget but no effective date has been announced.

Jane Stacey is a VAT adviser and a senior manager at Mercer & Hole. The views given in this blog are personal to the author, if you would like to discuss the contents of this post with Jane you can call her on 01727 869141.

Pre-Budget Report 2009 - International aspects

The Chancellor ‘promised’ a paper on the reform of the Controlled Foreign Companies regime early next year.  This is the system whereby the UK collects tax on the profits of subsidiary companies in low tax jurisdictions.  The change is not expected to be good news for business.

The Chancellor has also promised some amendments to the legislation due to be introduced from 1 January 2010 on the world-wide debt cap.  This applies to larger international groups and seeks to reduce tax relief in the UK where the UK company bears a larger proportion of the interest than its proportion of total debt.

Cathy Corns is a tax adviser and a partner at Mercer & Hole. If you would like to discuss the contents of this post with Cathy you can call her on 01908 605552. 
 

Pre-Budget Report 2009 - national insurance contributions

It had already been announced that there would be a half percent increase in National Insurance Contributions (NIC) from next April. Today’s Pre-Budget Report has announced that there will be a further half percent increase from April 2011. This means that from April 2011 the main rate for employees will be 12% and for the self-employed will be 9%. The rate of employer contributions will be 13.8%.

To compensate lower earners the starting threshold will be raised by £570.

Costs are going up more steeply than otherwise expected from April 2011.  The rates for the self-employed, employees and employers will all rise by 1% (previously expected to be at 0.5%).  This will mean an effective highest rate of tax of 52%.

Cathy Corns is a tax adviser and a partner at Mercer & Hole. If you would like to discuss the contents of this post with Cathy you can call her on 01908 605552. 
 

Pre-Budget Report 2009 - time to pay

The Chancellor confirmed that the assistance provided by the Business Support Unit in setting up time to pay arrangements will continue. Sadly he made no commitments on user-friendliness nor of any leniency on defaults.

Rachel Haddow is a tax adviser and a manager at Mercer & Hole. The views given in this blog are personal to the author, if you would like to discuss the contents of this post with Rachel you can call her on 01727 869141.

Pre-Budget Report 2009 - key business issues

Having listened to the Chancellor and looked - very briefly - at the Treasury and HMRC's websites the key business issues appear to be:
  • the freeze of personal allowances and tax bands which will negate any employee pay rises and make middle income earners worse off
  • the further deferral until April 2011 of the rise in the lower corporation tax rate form 21% to 22%
  • an increase in national insurance rates by 1% (as opposed to ½%) from April 2011
  • a consultation to reduce tax on profits from certain R&D but not until 2013  
  • a very large amount of anti-avoidance.
Further details will follow on the key issues.

Pre-Budget Report 2009 - Problems for 'tax cheats' in the pre-Budget report?

HMRC has said it will look to crack down on people who seek to avoid the new 50% rate of income tax which comes into effect next year by the use of tax planning schemes that purport to convert income into capital. The problem that HMRC has is that the 32% anticipated disparity in rates (income tax at 50% and capital gains tax at 18%) is very appealing.

One real problem that I can foresee is that too much hype on planning at this stage could just lead to an increase in the capital gains tax rate to avoid the problem. If this were to be announced in the pre-Budget report it would certainly stop a lot of the current speculation.

We will be blogging on SME Plus Blog and Tax Plus Blog on Pre-Budget Report day.  If you do not already subscribe to our blogs click here for SME Plus Blog or here for Tax Plus Blog to ensure you get our comment and analysis as and when it happens.

Cathy Corns is a tax adviser and a partner at Mercer & Hole. The views given in this blog are personal to the author, if you would like to discuss the contents of this post with Cathy you can call her on 01908 605552.
 

Pre-Budget Report 2009 - Predictions

I have to say that trying to predict what is likely to happen in the Pre-Budget report due in the next few weeks, I have some sympathy with Alastair Darling. Sitting on a fence may be uncomfortable, but coming down on either side could be disastrous.

The problem really is whether to announce legislation to be introduced in next year’s Finance Bill, when a different Government may be in power; to introduce legislation with immediate effect and risk the wrath of the electorate, or actually to do very little but promise a lot if re-elected.

In reality, whichever Government is elected it will need to raise substantial sums of money in addition to cutting public expenditure. Raising money will almost certainly be done by way of tax and National Insurance (unless you already count NIC as a tax). It seems somewhat unlikely that income tax would rise above 50% but the differential between income and Capital Gains Tax is an obvious target. Similarly, at 17.5% (from January) the UK’s VAT rate is one of the lowest in Europe.

Judging by recent press comment about 'tax cheats' I think we are also fairly safe in assuming there will be a lot of anti-avoidance legislation, probably with immediate effect, some of which has already been announced and some of which will undoubtedly follow.

We will be blogging on SME Plus Blog and Tax Plus Blog on Pre-Budget Report day.  If you do not already subscribe to our blogs click here for SME Plus Blog or here for Tax Plus Blog to ensure you get our comment and analysis as and when it happens.

Cathy Corns is a tax adviser and a partner at Mercer & Hole. The views given in this blog are personal to the author, if you would like to discuss the contents of this post with Cathy you can call her on 01908 605552.

Pre-Budget Report 2008

The Chancellor delivered his Pre-Budget Report on 24th November 2008. Our Partners and Managers posted a number of blogs in relation to the 2008 Budget announcement – on both SME Plus blog and Tax Plus blog.

For concise, up-to-date and easy to digest Pre-Budget information please find below a list of the respective blogs posted: 

SME Plus 

Pre-Budget Report 2008 - VAT

Pre-Budget Report 2008 - Plant and machinery leasing

Pre-Budget Report 2008 - Income tax...relief for trading losses

Pre-Budget Report 2008 - Tax relief for business expenditure on cars

Pre-Budget Report 2008 - Corporation tax...small companies rate

Pre-Budget Report 2008 - Corporation tax...tax relief for trading losses

Pre-Budget Report 2008 - Empty property relief

Pre-Budget Report 2008 - Taxation of foreign profits

Pre-Budget Report 2008 - HMRC Business Payment Support

Tax Plus 

Pre-Budget Report 2008 - Non doms update

Pre-Budget Report 2008 - Income Shifting Rules...the dog that didn't bark!

Pre-Budget Report 2008 - Top rate of income tax to be increased to 45%

Pre-Budget Report 2008 - National Insurance to be increased

Pre-Budget Report 2008 - Consultation documents

Pre-Budget Report 2008 - VAT

Pre-Budget Report 2008 - Compensation for the loss of 10% band made permanent

Pre-Budget Report 2008 - Tax rate for trusts to be increased

Pre-Budget Report 2008 - Pension tax telief...freeze on limits

Pre-Budget Report 2008 - Changes to trusts...trust Darling!

Pre-Budget Report 2008 - Penalties for late tax returns

To receive our blogs direct to your inbox visit http://www.mercerhole.co.uk/news, click on the blog of your interest and follow a few simple subscription directions.

 

Pre-Budget Report 2008 - HMRC Business Payment Support

On the same day as the Chancellor announced short term 'enhanced support' for businesses experiencing cash flow problems, HM Revenue & Customs issued a Consultation Document looking at a longer term approach to late paid tax.

In the short term at least, the Revenue is expected to adopt a softer approach towards businesses unable to pay their taxes on time, though how this will actually be played out in some offices remains to be seen!

Pre-Budget Report 2008 - Taxation of foreign profits

A number of changes to the taxation of foreign profits have been proposed:-

  • an exemption for foreign dividends received by large and medium sized groups will be introduced in next year's Finance Bill;
  • the Government will consult on options to reform the UK's Controlled Foreign Companies (CFC) rules so that profits genuinely earned by overseas subsidiaries are not taxed in the UK; and
  • there will be a worldwide debt cap on interest, so that tax deductions for interest claimed by UK members of multinational groups will be restricted by reference to a group's consolidated net external finance costs.

Thanks to Sarah Withers for submitting this blog.

Pre-Budget Report 2008 - Empty property relief

The Chancellor has given a one year relief with the aim of helping smaller businesses manage short term pressures in the property market.

For Finance Year 2009/10, empty business properties with a rateable value of less than £15,000 will be exempt from business rates .

This is expected to apply to 70% of empty business properties.

Pre-Budget Report 2008 - Corporation tax...tax relief for trading losses

At present, companies making losses from trading activities are allowed to carry those losses back up to twelve months and set them against profits made in the previous year or to carry them forward indefinitely to set against profits from the same trade.

The Chancellor has announced that, for accounting periods that end between today and 23 November 2009, up to £50,000 of trading losses may be carried back up to three years.

There is no restriction on the amount of the loss that can be carried back twelve months, or carried forward against profits from the same trade.

Pre-Budget Report 2008 - Corporation tax...small companies rate

Pre-Budget Report 2008 - Tax relief for business expenditure on cars

As expected, the rules for capital allowances on cars are to change from April 2009 (1st April for companies and 6th April for unincorporated businesses). The rate of capital allowances will be determined by the CO2 emissions figure for the car rather than its cost. Cars with emissions up to 160g/km will be added to the main capital allowances pool and attract writing down allowances of 20% per annum on a reducing balance basis. Cars with emissions over 160g/km will go into the special rate pool with only 10% writing down allowances.

The relief for the cost of hiring or leasing cars is also set to change. At present the leasing costs are restricted if the original price of the car exceeds £12,000, with the amount of restriction increasing as the price of the car increases. From April 2009 the disallowance will be a flat 15% of the leasing costs for cars with emissions over 160g/km. For less polluting cars there will no restriction regardless of the price of the car.

The new rules give rise to a potential planning point for unincorporated businesses, which should ensure that all 'company' cars have some element of private use. By doing so, the cars will not fall within the pools mentioned above and balancing allowances will be available when the cars are sold - this is likely to accelerate the tax relief available.

Pre-Budget Report 2008 - Income tax...relief for trading losses

At the moment, trading losses suffered by businesses may be set against profits in two ways:

  • carried back up to one year, to set against profits in the previous year; or
  • carried forward against future trading profits from the same trade.

The Chancellor has announced that, for trading losses suffered during periods ending in the current tax year (ie to 5 April 2009) up to £50,000 of the loss may be carried back up to three years.

There is no restriction on the amount of the loss that can be carried back twelve months, or carried forward against profits from the same trade.
 

Pre-Budget Report 2008 - Plant and machinery leasing

The Chancellor has blocked schemes that potentially allow businesses entering into leaseback arrangements, following the sale or lease of plant or machinery, to avoid tax.
 
The new measures are intended to ensure that businesses entering into such arrangements do not gain more tax relief than they would have done had they obtained loan finance and that tax is not avoided when a lessor grants what is known as a long funding lease.
 
These new regulations are retrospective insofar as they relate to leasebacks entered into, and long funding leases granted or ending, on or after 13 November 2008.

 

Pre-Budget Report 2008 - VAT

As widely reported, the PBR today has confirmed that the standard rate of VAT will be cut to 15% with effect from 1 December 2008. (The new VAT fraction to be applied to VAT inclusive prices will be 3/23).

This means that standard rated supplies of goods and services made after this date will attract the new rate of VAT. Supplies at the zero or reduced rates and exempt supplies are not affected. The new rate will remain in place for 13 months till 1 January 2010, when it will rise again to 17.5%. (Anti- forestalling legislation will be brought in to prevent planning around the subsequent rate increase).

For sales spanning 1 December, special tax point rules mean that businesses can choose to charge VAT at the new rate on goods removed and services performed after the rate change, even if payment has already been received or VAT invoices issued. In those cases, credit notes will have to be issued to correct the VAT overcharged.

Special rules will apply to retailers, those providing continuous supplies of services (e.g construction industry) and other special schemes (second hand dealers etc). Detailed guidance on how to deal with the change is available on HMRC’s website.

The reduction in the standard rate will also amend the rates applied under the Flat Rate Scheme for small businesses. The revised percentages are published on HMRC’s website.

Other VAT and duty changes announced are;

Increase in threshold for Bespoke Retail Schemes with effect from 1 April 2009.
Simplification of the entry and exit rules for VAT Flat Rate Scheme with effect
from 1 April 2009.
Payment arrangements for those having difficulties paying VAT bills via the “Business Payment Support Service”.
Increases in fuel/alcohol and tobacco duty.
The Chancellor has urged retailers to pass on the rate cut “as quickly as possible”. In reality, businesses may choose not to pass on the cut. They are unlikely to welcome it as it will cost them to implement changes to prices /accounting and point of sale systems. In the retail sector, where prices are already being heavily discounted, it is hard to see that a further 2.5% cut will have much of an impact on sales turnover.
 

Pre-Budget Report 2008 - Date announced

Pre-Budget Report 2008 - This Week?

As my colleague Barry Hallam blogged earlier today on our sister blog Tax Plus, the Pre-Budget Report may well be announced this week.  Below is the blog which he posted on Tax Plus blog this morning...

It is being reported by the BBC that Gordon Brown has stated that the Pre Budget Report will be “in a few days”. On GMTV today the Prime Minister increased the speculation that the Chancellor Alistair Darling is considering tax cuts to help people through the down turn.

If Mr Darling does present his Pre-Budget Report this week, we will of course be blogging on SME Plus Blog and Tax Plus Blog, providing analysis on the key highlights. 

If you do not already subscribe to our blogs click here for SME Plus Blog or here for Tax Plus Blog to ensure you get our comment and analysis as and when it happens.

Watch this space for details as announcements are made.

Pre Budget Report 2007 - Initial response

Having listened to the Chancellor speak for just over 30 minutes I was unpleasantly unsurprised to discover the ream of paper supporting his speech. The devil is certainly in the detail and it is becoming increasingly apparent why – to use an analogy – in Peter Pan the same person who plays Mr Darling also plays Captain Hook.

The tax implications and complications are potentially horrendous. Watch this space for further details...