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Gordon Brown
presented his eleventh Budget on Wednesday 21 March 2007. This
is expected to be his last before he makes a bid to become Prime
Minister.
He was upbeat about the state of the UK economy and reported a
budget surplus of £11 billion over the economic cycle. This
surplus, together with proposed asset sales and civil service
cuts, allows him to invest further in public infrastructure projects
as well as in security and defence.
The speech included the usual quick fire announcements covering
tax years up to 2012. A highlight for many was the reduction in
the basic rate of income tax to 20%, but this is countered by
an expansion in the amount of income that is subject to national
insurance. Sweeping changes are also to be made to the capital
allowance and corporation tax systems.
Our summary focuses on the issues likely to affect you, your family
and your business. To help you decipher what was said we have
included our own comments.
If you have any questions please do not hesitate to contact us
for advice.
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PERSONAL
TAX
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Tax Rates
for 2007/08
For the eighth consecutive tax year, income tax rates remain
at 10%, 22% and 40%. The special rules for savings income and dividends
continue to apply.
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.
There is, however, a significant sting in the tail for those with
earned income. The changes in the upper earning limit for NIC (see
Employment issues) will largely negate the income tax savings.
Allowances
The 2007/08 personal allowances were announced in last December's
Pre-Budget Report. The personal allowance for those under 65 is
£5,225.
Tax Credits
There are two types of Tax Credits; Working Tax Credit (WTC)
and Child Tax Credit (CTC). The CTC is potentially available to
families who have responsibility for one or more children. There
are several elements to the Child Tax credit but broadly the maximum
is an annual amount for 2007/08 of £1,845 per child together
with a family element (one per family) of £545 per annum.
The amount per child has been increased but the family element has
been frozen since the introduction of the credit.
Some credit is likely to be payable for 2007/08 if a family's income
is less than £58,175 a year, or £66,350 if there is
a child under one year old.
In order to finalize a Tax Credits award given for the previous
tax year, claimants may have to complete an annual declaration.
The declaration will also renew any claim for the current year.
The date for renewals of Tax Credits for 2007/08 will be 31 July
2007.
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CORPORATE
AND BUSINESS TAX
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Tax Motivated
Incorporation
The government has moved to discourage small businesses from incorporating
for tax reasons by increasing the tax they will pay on profits up
to £300,000, from 19% to 20% with effect from 1 April 2007.
The small companies' corporation tax rate will further increase
to 21% in 2008 and to 22% in 2009.
In contrast, the corporation tax paid by large companies with profits
of £1.5 million or more will be cut from 30% to 28% from 1
April 2008. However companies with ring fenced North Sea oil and
gas activities will retain the current corporation tax rates of
19% and 30%.
The effective marginal corporation tax rate for profits between
£300,000 and £1.5 million is 32.5% from 1 April 2007.
However, an individual will also have to pay Class 4 national insurance
on his self-employed profits. The overall effect of the measures
will be to reduce considerably the tax advantages of incorporation.
Dividends however remain significantly better compared with salary
and or IR35 because of the consequences of employers and employees
NIC, with the employees NIC significantly increasing post April
2009.
Capital Allowances
The system of capital allowances is to be significantly revised
from 2008/09. The proposals affecting contractors relate to writing
down allowances for plant and machinery being cut from 25% to 20%.
In addition the following changes will be subject to consultation:
" a new investment allowance for the first £50,000 spent
on plant and machinery
" where businesses have a loss after claiming 100% capital
allowances on green technologies they will be able to reclaim a
tax credit from HMRC.
The current 50% first year allowance for plant and machinery which
can be claimed by small businesses, which was due to expire in April
2007, will be extended to April 2008. The capital allowances that
can be claimed on business cars have not altered but proposed changes
to the rules are being consulted on further.
Tax Relief for Business Cars
In March 2006 the government issued a discussion document about
business expenditure on cars. As a result of consultation, revised
proposals have been issued.
The proposals are that:
" the existing 100% first year allowances for cars with CO2
emissions up to 120g/km be retained
" the general plant and machinery capital allowances pool will
be used for cars with CO2 emissions between 121 and 165g/km
" a new car pool would be introduced with a lower writing down
allowance than the general plant and machinery pool for other cars.
As a consequence there would no longer need to be a specific distinction
between cars costing more or less than £12,000.
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EMPLOYMENT
ISSUES
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National
Insurance Contributions (NICs)
There is no change in the rates of NIC but there are significant
proposed changes to the limits between which NICs are payable. For
2007/08 the lower and upper earnings limits (UEL) increase by inflation
so that employees will pay 11% NIC on earnings between £100
and £670 per week. Employees continue to pay contributions
of 1% on earnings above the UEL. For 2008/09 the UEL will be increased
by £75 per week above indexation.
The upper profits limit for Class 4 national insurance for the self-employed
will also be increased in 2008/09 by £75 per week above indexation.
In the following year the upper earnings limits will be aligned
with the point at which the higher rate of income tax becomes payable.
Managed Service Companies (MSCs)
In 2000 the government introduced rules to tackle the provision
of services through many personal service companies (PSCs). These
rules have been referred to by the name of the press release of
that time, IR35.
Many PSCs were designed to 'disguise employment' by interposing
a company between the payer and worker. If the IR35 rules apply
most of the income received by the company is deemed to be paid
to the worker as employment income and PAYE and NICs are due accordingly.
MSCs attempt to avoid the IR35 rules. The types of MSCs vary but
are often referred to as 'composite companies' or 'managed PSCs'.
HMRC have encountered increasing difficulty in applying the IR35
rules to MSCs because of the large number of workers involved and
the labour intensive nature of the work. Even when the IR35 rules
have been successfully applied, an MSC can often escape payment
of outstanding PAYE and NIC as they have no assets and can be wound
up.
The government has confirmed that new rules will apply to MSCs.
The intention of the new rules is to:
" ensure that those working in MSCs pay PAYE and NIC at the
same level as other employees
" alter the travel and subsistence rules for workers of MSCs
to ensure they are consistent with those for other employees
" allow the recovery of outstanding PAYE and NIC from 'specified
persons' if the amounts cannot be recovered from the company.
Company Cars and the Fuel Scale Charge
Where a car is provided for an employee's private use, a taxable
benefit arises which is based on the list price of the car and its
CO2 emissions. The percentages range from 15% to 35% for most cars.
There are currently discounts available for environmentally friendly
cars and from 6 April 2008 there will be a 2% discount for cars
that have been manufactured to run on E85 fuel.
If free fuel is provided for private motoring then a fuel benefit
tax charge arises based on the percentage used for the car benefit
which is applied to £14,400. For 2007/08 the figure will remain
at £14,400.
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CAPITAL
TAXES
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Capital Gains
Tax (CGT) Annual Exemption
The annual exemption for 2007/08 is £9,200. For most trusts
the exempt limit is increased to £4,600.
CGT Rates of Tax
For individuals capital gains continue to be treated as the top
slice of income. For 2007/08 rates continue to be aligned with those
applying to savings income. Tapered gains are charged at 10% where
gains plus taxable income do not exceed £2,230; 20% between
£2,231 and £34,600; and 40% on any balance.
For trustees the rate of CGT is 40%.
Inheritance Tax (IHT) Threshold
The IHT nil rate band is increased to £300,000 with effect
from 6 April 2007. The Chancellor previously announced that the
band will rise to £312,000 in 2008 and £325,000 in 2009.
Homes Abroad Owned Through a Company
Individuals often purchase a property abroad by setting up
a company to own the property. This is done for a variety of reasons
related to the tax or inheritance laws of the country in which the
asset is situated. Where the individuals direct the company's affairs
(whether through an agent or not) they could be assessed on an employment
income benefit in kind charge as a director of the company. Legislation
will remove that tax charge where certain qualifying conditions
are satisfied:
" the company is owned by individuals
" the sole activity of the company is holding the property
for occupation and/or letting
" the property is the company's only or main asset
" the property is not funded directly or indirectly by a connected
company.
The legislation will not be enacted until 2008 but HMRC will not
seek to tax anyone in the intervening period provided the qualifying
conditions are satisfied.
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VAT
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VAT
Thresholds
The VAT registration limits increase with effect from 1 April 2007
as follows:
" the threshold for compulsory registration is £64,000
" the threshold for voluntary deregistration is £62,000.
Cash Accounting Scheme
The government has already increased the turnover limit for joining
the cash accounting scheme from £660,000 to £1,350,000
from 1 April 2007.
Car Fuel Scale Charges
Where an employee is provided with free fuel along with a company
car, an income tax benefit in kind arises based on the CO2 emissions
of the car. In addition the employer has to pay a VAT car fuel scale
charge. A new system is to come into force from the start the next
VAT accounting period beginning on or after on 1 May 2007. The existing
VAT fuel scale charge, which is based on the engine size and fuel
type of a car, will be replaced by a fuel scale charge based solely
on the CO2 rating of a car.
Joint and Several Liability
HMRC may direct that a business that purchases particular goods from
another VAT registered business can be jointly and severally liable
for VAT that remains unpaid in the supply chain. These rules can apply
if HMRC presume the business had reasonable grounds to suspect that
VAT would go unpaid. The list of specific goods will be extended from
1 May 2007 to include electronic equipment of a type ordinarily owned
by individuals and used by them for leisure or entertainment.
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OTHER
MATTERS
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Online
Filing
Lord Carter's review of HMRC online filing services was published
in 2006. Legislation will be brought forward during 2007 to implement
the changes which will start in 2008.
The key proposals are to:
" require businesses to file their PAYE in-year forms, VAT returns
and company tax returns online in phases from April 2009
" introduce new filing deadlines for income tax self assessment
returns of 31 October for paper forms from 2008 but retain 31 January
for online returns
" relate the time limit for HMRC to commence enquiries into an
income tax self assessment return to the actual filing date of the
return and not the statutory filing date.
Company Filing Dates
Following Lord Carter's recommendations and consultation by HMRC and
Companies House, the government will work to provide a single online
filing facility by 2010. From 2008 the period during which an enquiry
can be opened into a corporation tax return will, for most companies,
be tied to the actual date HMRC receives the return rather than a
fixed filing date. The aim of this is to encourage earlier filing
and give businesses certainty sooner.
Review of HMRC Powers, Deterrents and Safeguards
The government launched a review of HMRC powers and taxpayer safeguards
in March 2005 as a result of the creation of the newly formed HMRC.
The general consultation on the approach to investigation work is
continuing and will focus on areas such as safeguards for taxpayers,
making it easier to pay, tackling late payment and compliance assurance
checks.
Criminal Investigation Powers
Currently the powers in the Police and Criminal Evidence Act 1984
(PACE) apply only to the former Customs & Excise part of HMRC.
These powers are to be extended right across HMRC and will apply to
criminal investigations into direct as well as indirect taxes. Specifically
Revenue officers will be able to:
" apply to magistrates and judges for search warrants
" apply to judges for a court order to obtain evidence from a
third party
" arrest suspects, search upon arrest and question.
Penalties for Incorrect Returns
There are currently a wide range of penalty powers within the different
tax regimes administered by HMRC. These will be removed and replaced
by a single regime that will apply for income tax, corporation tax,
PAYE, NIC and VAT where taxpayers understate their liability to tax.
The new penalty regime will be largely determined by the behaviour
of the taxpayer leading up to the understatement. The extent of any
disclosure made will be taken into account, but it is anticipated
that there will be much less scope for negotiation on the level of
penalties than under the current regime.
The new rules will also provide for penalties to be suspended to allow
taxpayers to demonstrate that they have mended their ways.
The provisions are likely to apply to returns for periods commencing
after 31 March 2008 where the return is filed after 31 March 2009.
This summary is published for the information of clients. It provides
only an overview of the main proposals announced by the Chancellor
of the Exchequer in his Budget Statement, and no action should be
taken without consulting the detailed legislation or seeking professional
advice. Therefore no responsibility for loss occasioned by any person
acting or refraining from action as a result of the material contained
in this summary can be accepted by the authors or the firm |
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