Income tax is not the only means by which the government relieves us of our hard earned cash. You may own assets such as a precious antique, a second home or shares. If such an asset is sold, the chances are that a profit will arise and this may give rise to a liability to capital gains tax. Details of any capital gains may have to be included on the self assessment return.
Inheritance tax may be payable on the assets that you give to others in your lifetime or leave behind when you die. At one time very few individuals had to worry about this tax. Rises in house prices have changed that and many more estates have now become liable. Careful planning can help to minimise this tax but it means that more and more of us cannot ignore this potential burden on our estate.
Many of those in business have to understand the principles of value added tax because they will have to act as an unpaid collector of this duty. In addition, those who run their business through a limited company will be concerned about corporation tax - a tax on their company’s profits.
This booklet is designed to provide you with a simple guide to all of these taxes from five perspectives - that of the family; the working man or woman in employment; the person running their own business; the taxation of investments; and, finally, knowing that nothing is certain except death and taxes, the potential liability on your estate.
Please use the guide to help you identify planning opportunities, pitfalls to avoid and areas where you may need to take action and then contact us for further advice.
Back to contents
FAMILY MATTERS
Husband and wife
Married couples are taxed as independent persons, each of whom is responsible for their own tax affairs. All individuals are entitled to a basic personal allowance of £5,225 before any income tax whatsoever is paid.
The tax bands and rates shown in the box are applied to each spouse separately, so that each may earn up to £39,825 before they start to pay higher rate tax. There is no aggregation of income, no sharing of the tax bands and the basic personal allowance may not be transferred from one spouse to the other.
2007/08 Income Tax Rates
£
%
0 - 2,230
10
2,230
- 34,600
22*
Over 34,600
40**
Tax rates for 2008/09
The government proposes to radically change the tax rates for 2008/09 onwards when the 10% starting rate will be abolished for earned and pensions income and the 22% basic rate of tax will be reduced to 20%.
The higher rate of tax will continue at 40%. The starting rate will continue to be available for savings and investment income and capital gains. There are no changes to the tax rates applicable to dividends.
The government also propose
that from 2009/10 the point at which people start paying the
higher rate of tax will be increased significantly to £43,000.
The effect of this change will be partly offset by significant
changes to the national insurance bands.
Higher allowances for those aged over 65
The basic personal allowance is increased to £7,550 where the
taxpayer is aged 65 or over on the last day of the tax year in
question and to £7,690 where the age on that day is 75 or over.
This more generous allowance is reduced by £1 for every £2 that
the taxpayer’s income exceeds £20,900. It cannot be reduced
below the basic allowance of £5,225.
Married couples allowance
IIn the past, a married couples’ allowance was available, given
in the first instance to the husband. This is now only available
to those couples where at least one spouse was born before 6
April 1935.This allowance can be worth over £600 per year to a
couple depending on age but its detailed application is complex.
It is worth noting, however, that this allowance can be
transferred to the wife or shared between the spouses if they so
choose.
Minimising the tax bill
It follows from the basic rules set out above that tax is minimised if husband and wife equalise, as far as possible, their income so that all personal allowances are fully utilised and higher rate tax is minimised.
Example
In
2007/08 Alan and Angela have employment income of £100,000 and
no savings income. If this is split equally between them, the
total tax bill for the couple is £22,829. If only one spouse has
income of £100,000 and the other has nothing, the total tax bill
leaps to £31,414 - an additional £8,585!
Jointly owned assets
Married couples will often own assets in some form of joint
ownership and, if they do not, then it is usually advantageous
for tax purposes for transfers to be made to ensure joint
ownership. This can have benefits for income tax, capital gains
tax and even inheritance tax.
Where assets are owned in joint names any income is deemed to be shared equally between the spouses. If the actual shares of ownership are unequal, income is still deemed to be split equally unless an election is made to split the income in the same proportion as the ownership of the asset.
One exception to this rule is shares in close companies (almost all small, private, family owned companies will be close companies) where income is always split in the same proportion as the shares are owned.
Tax Planning
Where assets are owned in joint names any income is deemed to be
shared equally between the spouses. If the actual shares of
ownership are unequal, income is still deemed to be split
equally unless an election is made to split the income in the
same proportion as the ownership of the asset.
One exception to
this rule is shares in close companies (almost all small,
private, family owned companies will be close companies) where
income is always split in the same proportion as the shares are
owned
Example
A buy to let property is owned three quarters by Helen and
one quarter by her husband Mark. If nothing is done the net
rental income on which tax is payable will be split 50:50. If an
election is made the income will be split 75:25. A choice can be
made according to which is most desirable when other income of
the spouses is taken into account.
Capital gains tax
Independent taxation also applies to capital gains tax. Each
spouse is entitled to take advantage of the annual exemption of
£9,200 before any capital gains tax has to be paid. Therefore it
is often most tax-efficient for sales of assets to be made by
husband and wife jointly.
Transfers may be possible shortly
before a sale with no adverse consequences because transfers
between husband and wife do not give rise to capital gains tax.Capital gains tax is payable on the amount of capital gains
over the annual exemption at 10%, 20% or 40% depending on the
income of the taxpayer in the year of sale. In effect the
taxable gains are treated as the top slice of income and this
allows further potential saving if assets are owned jointly, as
maximum use can be made of each spouse’s 10% and 20% bands.
Separation
The breakdown of a marriage will often involve the transfer of
assets between spouses. The marriage continues until the decree
absolute but, for transfers of assets to be entirely free of a
charge to capital gains tax, the transfer must be made before
the end of the tax year in which the separation takes place.
Separation is deemed to happen when the couple cease to live
together as man and wife - quite different to the date of the
decree absolute which is often much later.
Example
If a couple cease to live together on 30 April 2007, transfers
of assets must be made between them by 5 April 2008 for capital
gains tax to be avoided.
Conversely, for inheritance tax, transfers taking place before
the granting of a decree absolute will continue to be exempt.
Even after this date, transfers will not usually be a problem.There
is usually no tax relief on maintenance payments made by one
former spouse to another nor on any payments required by the
Child Support Agency.
Children
It is often assumed that children are not taxpayers until they
achieve some particular age. In fact HMRC will tax a child just
as readily as anyone else if the child has sufficient income to
make them liable.
Transferring income to children
Children have their own personal allowances and tax bands. Where
their only income is, at best, a few pounds from a paper round
or a Saturday job, there may be scope for transferring income
producing assets to the children to use up their personal
allowance.
Tax Planning
The problem is that if the parents do this the income will still
be treated as belonging to them (until the child is 18 or
marries) unless the gross income arising from such sources is
not more than £100 per annum.
However grandparents and others are not subject to this rule
Children and capital gains
Children also have their own annual exemption for capital gains
tax so that assets transferred to them which have a bias towards
capital growth rather than income may prove to be more
advantageous.
Repayment claims
Where children have significant sources of income from which tax
has been deducted, such as bank interest or trust income, they
will almost certainly be entitled to a repayment. In such cases
a repayment claim should be made.
Tax Planning
Friendly Societies
offer 10 year, tax exempt savings plans for children for up to £25
per month
Child Trust Fund
For children born on or after 1 September 2002 a Child Trust Fund
has been introduced. The idea is to encourage tax efficient savings,
with the government’s help, to build a savings fund which the child
can access once he or she reaches 18.
The government’s initial contribution is £250 or £500 for low income families, with a further payment of £250 (and again £500 for lower income families) once the child reaches the age of seven.
Other contributions of up to £1,200 per annum can be added to the
fund by family or friends and, although there is no tax relief on
making the contributions, the fund is tax exempt. This is therefore
a tax efficient medium to which regular transfers can be made.
Tax Planning
There are still quite a few ways income can be transferred to
children tax efficiently: buy them premium bonds - winnings are tax
free
buy National Savings Childrens’ Bonus Bonds or National Savings
Certificates - these are tax free
Friendly Societies offer 10 year, tax exempt savings plans for
children for up to £25 per month
a parent can contribute to a pension scheme for a child contributing
up to £300 per month gross (net cost £234 per month) even though the
child has no earnings.
Child Tax Credit
The Child Tax Credit is means tested and potentially available to
families who have responsibility for one or more children. It is a
tax free payment made direct to the main carer and it will be
available where combined income is less than £58,175 or £66,350 if
there is a child under one year old.
There are several elements to the credit and claims can be complicated. Please talk to us.
Tax
Planning
Many couples who are entitled to a tax credit do not receive it
because they fail to apply.
There are several elements to the credit and claims can be
complicated. Please talk to us.
Civil
partnerships
All the special rules for married couples, both those dealt with in
this section and those covered in other sections of this booklet,
apply equally to same-sex couples who have entered into a civil
partnership.
What about unmarried
partners?
It still pays to equalise income as much as possible, as income tax
will be minimised. However transfers of assets may be liable to
capital gains tax and, if substantial, could also lead to an
inheritance tax liability. It is vital for unmarried couples to each
make a Will if they wish each other to benefit from the other’s
estate at death.
A word of warning
There is a limit to the extent to which a couple should allow the
tax tail to wag the familial dog! To do so has been known to have a
high cost in terms of family relationships. There must be as much
trust in matters of finance as in those other areas that go with the
institution of marriage!
Moreover transferring assets or interests in a business between
husband and wife can, and often does, attract the interest of HMRC.
This is especially where it is obvious that it has been done
primarily for tax saving purposes. Transfer of ownership of an asset
must be real and complete, with no right of return and no right to
the income on the asset given up.
If a spouse or child is employed in a business it must be a real job
for which work is clearly being undertaken and if a non-working
spouse is given shares in an otherwise one-person, private company,
HMRC may regard this as a sham and continue to tax the working
spouse on all of the dividends.
Always seek advice from us to determine the best way to arrange your
business and personal affairs within the family unit.
Checklist for couples
Try to equalise your income.
Consider placing assets in joint names.
If you have children consider making use of their personal allowances.
Few avoid working for others at some time in their life and most will have encountered the PAYE system operated by employers to collect the income tax and national insurance (NIC) due on wages and salaries.
The tax code
Ensuring the right amount of tax is taken relies on a PAYE code, issued by HMRC and based on information given in a previous self assessment return or on returns supplied by the employer. The employee and not the employer is responsible for the accuracy of the code.
Tax Planning
If you are unsure about your code and are anxious not to end the tax year under or overpaid, then you should have it checked. Please talk to us.
Code numbers try to reflect both your tax allowances and reliefs and also any tax you may owe on benefits in kind. If you are in receipt of a state pension an adjustment will be made for this. HMRC may also try to collect tax on untaxed income or tax owing from an earlier year.
The code may even try to allow for higher rate tax that has to be paid on investment income. You do not have to agree to tax owed on untaxed income and prior years’ underpayments being dealt with in this way. As can be imagined, with this many complications, and some guess work involved, getting the code exactly right can be difficult and the right amount of tax will not always be taken. Get in touch if you would like us to check your code number for you.
For many employees things are simple. They will have a set salary or wage and only a basic personal allowance. Their code number will be 522L and the right amount of tax will be paid over under PAYE.
Others will be provided with perks in their employment or they may be paid by the employer for expenses incurred. The more common examples of these complications are considered below.
Benefits in kind
Company cars
Company cars remain a popular benefit and for some a real status symbol, despite recent increases in the tax charge they give rise to.
The charge on cars is calculated by multiplying the list price of the car by a percentage which depends on the CO2 emissions of the car. The table below shows the percentages for 2007/08. Remember this is the amount being charged to tax, not the tax itself.If the car has a diesel engine the charge is increased by 3% (except that it cannot exceed 35%). However diesel cars registered before 1 January 2006 and which met the Euro IV emission standards do not suffer this supplement.
|
Example Paul has a BMW 320d (diesel) registered on 1 February 2007. It has an original list price of £20,955 and CO2 emissions of 169. Paul had extras fitted to the car costing £1,000 (VAT inclusive). In 2007/08 the taxable benefit will be £5,050 (20,955 + 1,000) x 23%*). If Paul is a higher rate taxpayer the tax due on this will be £2,020 for the year. * 20% from the table below plus 3% diesel supplement.
Fuel for private use A separate charge applies where fuel is provided by the employer for a company car. The charge is calculated by applying the percentage figure used to calculate the company car benefit to a fixed figure which for 2007/08 is set at £14,400.
|
2007/08 |
|
|
CO2 emissions (gm/km) |
% of car’s list price taxed/span |
|
|
up to 140 |
15 |
|
|
145 |
16 |
|
|
150 |
17 |
|
|
155 |
18 |
|
|
160 |
19 |
|
|
165 |
20 |
|
|
170 |
21 |
|
|
175 |
22 |
|
|
180 |
23 |
|
|
185 |
24 |
|
|
190 |
25 |
|
|
195 |
26 |
|
|
200 |
27 |
|
|
205 |
28 |
|
|
210 |
29 |
|
|
215 |
30 |
|
|
220 |
31 |
|
|
225 |
32 |
|
|
230 |
33 |
|
|
235 |
34 |
|
|
240 and above |
35 |
|
Tax Planning
The fuel benefit charge can be expensive. On a typical mid-range diesel car, for example, the cost to a 40% taxpayer is roughly equivalent to paying for 11,000 miles worth of fuel.
It may be cheaper for the employee to pay for all the fuel and to reclaim from the employer the cost of business miles driven based on a specific log of business journeys undertaken. HMRC have published advisory rates for the cost of fuel which can be used for this purpose.
| Engine Size | Petrol | Diesel | LPG |
| 1400cc or less | 11p | 10p | 7p |
| 1401cc to 2000cc | 13p | 10p | 8p |
| Over 2000cc | 18p | 14p | 11p |
Medical Insurance
The employee is taxed on the amount of the premium paid by the employer.
Home and mobile phones and the provision of broadband
There is no benefit on the provision of a company mobile phone even where it is used privately. However this is limited to one phone per employee. Where home telephone bills are paid by the employer, the amount paid will be taxable. The employee may make an expense claim for the cost of business calls only but none of the line rental.
There is generally no benefit on the provision of home broadband access where the employer subscribes for the service for the employees home and the employee needs this access in order to carry out their job.
Cheap or interest free loans
If loans made by the employer to an employee exceed £5,000 in a tax year, tax is chargeable on the difference between the interest paid and the interest due at an official rate - currently 6.25%.
Tax Planning
Contributions by an employer to an approved pension scheme are tax and NIC free. This may be far better than any other perk. You may want to sacrifice some of your ‘normal’ salary to do this. Please talk to us to make sure your salary sacrifice scheme is effective.
Childcare costs
Childcare costs paid for by an employer are exempt from both income tax and NIC. This applies to a place in an employer operated nursery or where the employer pays for registered or approved childcare. In this latter case the exemption is limited to £55 per week and any excess over this is subject to tax and NIC.
The costs will normally be paid in the form of vouchers or alternatively paid direct to the childcare provider. Any scheme must be open to all employees or all employees at a particular location.
Registered or approved childcare includes childminders, nurseries and play schemes registered by Ofsted, out of hours clubs run by a school on the school premises or by a local authority and childcare schemes run by approved providers.
Expense payments
Reimbursed expenses
Reimbursed expenses are taxable as a benefit but the employee can claim a deduction for those expenses incurred wholly for business purposes. The two will usually cancel out each other.
At the end of each tax year, the employer has to send a summary of all benefits to HMRC on form P11D. As well as the perks listed above, this form will include the reimbursed expenses.
The employee can then make an expense claim either on a self assessment return or by letter.
Because, often, nothing is taxable, employers can ask to be excluded from this process if they write to HMRC. This is known as a dispensation.
Tax Planning
Check if a dispensation is in place. If not, the employee must include reimbursed expenses shown on the P11D as income and then claim a deduction for the business portion of the reimbursed expenses.
If the employee does not receive a tax return they can write to HMRC to claim the deduction.
Mileage claims
Many employers pay a standard rate of mileage to all employees who use their own cars for business journeys. HMRC set authorised rates for business mileage which are currently 40p for the first 10,000 miles in a tax year and 25p thereafter.
If the employee is paid for business miles at less than the authorised rate, tax relief is available on the difference. If, however, the employee is paid at more than these rates then the excess is taxable.
Tax Planning
If you are paid less than the authorised rates to use your own car for business purposes remember to claim a deduction on your return or write to HMRC to make your claim.
Example
In 2007/08 Dave travels 14,100 business miles in his own car and is paid 32p per mile by his employer.
Dave can claim tax relief of £513 ((10,000 x 40p) + (4,100 x 25p)) - (14,100 x 32p).
Mileage payments do not have to be shown on the form P11D unless more than the authorised rates are paid.
Other transport issues
Vans
Where employees are provided with a van, and the only private use of this is to go to and from work (including any incidental private use on the way), then no taxable benefit may arise. If there is private use beyond this, there is a benefit of £3,000 per annum and an additional £500 if fuel is provided for private as well as business journeys. Prior to the current tax year the benefit on the provision of a van with unrestricted private use was only £500 or £350 for an old van.
Tax Planning
Most double-cab pick-up trucks are treated as vans and are still a tax efficient way to avoid the car benefit charge even though there has been a significant increase in the van benefit.
Employee Checklist
Check your tax code to avoid substantial underpayment at the year end.
Don’t reject a perk just because it is taxable.
Company cars don’t have to be expensive; choose wisely to minimise the benefit.
Consider paying for fuel yourself and reclaiming business mileage.
Starting up a business of your own is a big step and not one to take lightly. The taxation of your business is only one of many commercial and legal aspects of starting a business that you will need to consider.
Preparation is the key and a proper business plan should be one of the first things you should do. However tax matters are our main concern here.
Choosing a business structure
Example
If the accounting period (or ‘year’) end is 31 March then, in the tax year 2007/08, the profits for the year ended 31 March 2008 will be taxed. If the year end was 31 August then, in the tax year 2007/08, the profits for the year ended 31 August 2007 will be taxed.
Many businesses choose 31 March (or even 5 April) as their accounting period end but this is not compulsory.
Where losses arise at the beginning of a new business or if the profits grow appreciably month on month, then the choice of the accounting date can be important. Accounting dates early in the tax year give a cash flow advantage as there is a longer period of time between earning the profits and paying the tax. However the earlier the accounting date is in the tax year the more profits are assessed twice in the early years of a business. The taxpayer is eventually allowed to claim relief for the double assessed profits know as overlap relief. This may be 20 years from now when the business stops trading. Over the lifetime of the business the actual business profits are assessed.
Working out profits
Profits are calculated using accepted accounting practices and crucially this means that profit is not necessarily simply receipts less payments. Instead it is income earned less expenses incurred.
Tax
Planning
Try to incur expenditure just before rather than just after the year
end, as this will accelerate your tax relief. Examples of the type
of expenditure to consider bringing forward include building repairs
and redecorating, advertising and marketing campaigns and
expenditure on plant and machinery.
Capital
allowances
When assets are purchased for the business, such as machines, office
equipment or motor vehicles, capital allowances are available. As
with expenses, they are deducted from income to calculate taxable
profit.
| Capital allowances | |
| Writing Down Allowance | |
| Motor Cars** | 25% (reducing balance) - £3,000 max. |
| Industrial and Agricultural Buildings and Hotels | 4% (straight line) |
|
*For small businesses:
first year allowances (FYAs) of 50% for 12 months from
6.4.07 (1.4.07 for companies). 40% otherwise. |
|
Payment
of tax
A person who is self employed, either as a sole trader or a partner in a partnership, will usually pay tax twice a year, on 31 January and 31 July. At first this may seem confusing and is best explained by an example.
Example
A business starts on 6 April 2007. Profit for the period to 31 March 2008 is £10,000. Tax and Class 4 NI due in 2007/08 is £1,165.
On 31 January 2009 tax and Class 4 NI payable is £1,747 being £1,165 balancing payment for 2007/08 and £582 (50% of £1,165) payment on account for 2008/09.
On 31 July 2009 £583 will be payable being the second payment on account for 2008/09.
Profit in the year to 31 March 2009 is £30,000 and the tax and Class 4 NI on this is £6,937.
On 31 January 2010 the payment is £9,240. This is made up of £5,772 balancing payment for 2008/09 (£6,937 - (£582 + £583)) plus £3,468 payment on account for 2009/10.
On 31 July 2010 a second payment on account for 2009/10 of £3,469 is due. And so on
…