News Letter June 2003

TAX CREDITS

As you may have read in the press the Government introduced two new tax credits from 6 April 2003, the child tax credit, replacing the children’s tax credit and the working tax credit.

The availability of the tax credits can be very wide spread and certainly clients, or staff of clients may well be eligible to make claims.

A brief summary of the credits and the eligibility is as follows:-

Tax Credits Generally

In order to qualify for tax credits, the recipient must be over 16 years old and live in the UK.  Couples must make the claim together, the claim is made upon the joint income.  Any couples with joint income from all sources of less than £58,000 should benefit.

Child Tax Credit

In order to claim for the child tax credit, it is necessary to have one qualifying individual who need not  be in employment.  The claim is made up of three sections, the family element which is paid for at least for one qualifying child set at an amount of £545 irrespective of the number of children that may qualify.  The child element is given for each qualifying child at a rate of £1,445.  The disability element is again given for each child for those receiving a disability living allowance for the child.

Working Tax Credit

In order to qualify for the working tax credit the claimant has to be over 16 years old, either employed or self employed and usually work at least 16 hours per week, the work is to be expected to last for at least four weeks, and be responsible for at least one child; or the claimant aged over 25 and working at least 30 hours per week in which case it is not necessary to have any qualifying children.

The composition of the working tax credit is made up of a basic element which is paid to anyone who meets the conditions, a loan parent element or a couple’s element, the 30 hour element for people who work 30 hours per week and a disability element.  In addition, it is possible to claim a child care element if the child is placed with an approved child care provider and the claimant works at least 16 hours per week.

Please note that for joint incomes over and approximately above £10,000 the benefits are scaled back by approximately 37p for each £1 joint income over the threshold.

Claims need to be made on form TC600 which can be obtained from the Revenue or via the Revenue web site.

Please note that for any claim to be effective from the 6 April, they have to be made within three months of that date as you cannot backdate claims any further than that.  Clients, therefore, that are in a position to claim child tax credit or working tax credit must ensure that their tax claims are made by the end of 5 July.  If any clients require any assistance please ring us urgently.

Taxation Benefits of Motor Vehicles

1.      Car Benefit

Clients should consider carefully their arrangements for provision of company vehicles, clients no doubt are aware of the changes in the manner in which company car benefits are now taxed.

The provision of the company car is now taxed on the basis of its CO2 emissions and the rates are as follows:-

                  2003/04                             2004/05                                         % of list price

            CO2 Emission                   CO2 Emission                                     (max £80,000)

                    155                                      145                                                        15

                    180                                      170                                                        20

                    205                                      196                                                        25

                    230                                      220                                                        30

                    255                                      245                                                        35

2.      Taxation of Car Fuel Benefits

From 6 April 2003 the system for taxing benefits has changed and taxation is now by reference to the CO2 emissions.  The same scale charge, calculator and supplements apply as for car benefits but in all cases the deemed list of the car is £14,400.

3.      Mileage claims

For an employee or director using his own vehicle on business trips the employer can pay a non-taxable allowance up to a maximum of:-

The first 10,000 miles             40p    for each business mile                                
Excess over 10,000 miles        25p    for each business mile

Proper mileage claim forms must be prepared i.e. date, destination, number of business miles etc.
 
Please note that Income Tax and NIC are due on any payments above these rates. As a concession where a trip is made for business then the claim can be increased by 5p for
each passenger. 

4.      Joint Ownership of Vehicles

Significant savings can be made in relation to taxation of benefits by vehicles being jointly owned by the company and the individual.  The individual must actually make more than a small contribution of the cost of the car. 

The principal benefit is based upon the annual value which is normally taken as 20% of the cost of the asset provided to the employee and CO
2 emissions are not relevant.  Any clients who may be interested in reviewing their policy in respect of the provision of motor vehicles should contact us for further detailed calculations.

Income Tax Personal Allowances

The rates for personal allowances for 2003/04 and allowances are as below:-

Income Tax Rates

                              Taxable Income                             Rate              %                      Tax on band

                                            £                                                                                                 £

2003/04              up to                1,960                        Lower              10*                           196

                           Next               28,540                        Basic                22                          6,279

                           Excess over    30,500                        Higher              40**                              

2002/03              Up to               1,920                        Lower              10*                           192

                           Next               27,980                        Basic                22                          6,156

                           Excess over    29,900                        Higher              40**                              

The rate of tax on savings income for basic rate taxpayers is 20%.

* This rate will also apply to dividend income for basic rate taxpayers.

** Higher rate tax on gross dividends is 32.5% (25% on net dividend receipts).

Personal Allowances

                                                                                                2003/04                          2002/03

                                                                                                      £                                      £

Allowances that reduce taxable income

Personal allowance (PA)     - under 65                                         4,615                              4,615

                                          - 65-74*                                           6,610                              6,100

                                          - 75 and over*                                  6,720                              6,370

Blind person allowance                                                                1,510                              1,480

Allowances that reduce tax

Married couples allowance (MCA):

Tax reduction                     - under 75 and born before 6.4.35        556.50                            546.50

                                          - 75 and over *                                    563.50                            553.50

‘Rent a room’ exempt on gross annual rent                                   4,250.00                         4,250.00

*The age related allowances are progressively with drawn if income exceeds £18,300 (£17,900 for 2002/03).

Capital Allowances

Clients should be aware that the Government have extended the 100% first year allowance relief on any expenditure relating to information technology.  This applies for small businesses only and on expenditure incurred up to 31 March 2004. The 100% relief also applies to any expenditure on approved energy saving schemes and the conversion costs converting vehicles to run on natural gas.

A small company is defined as a business which satisfies two of the following three conditions:-

1.      Turnover less than £2.8 M

2.      Assets less than £1.4M.

3.      No more than 50 employees.

National Minimum Wage

With effect from the 1 October 2002 the national minimum wage is as follows:-

18 to 21 years                                           £3.60

Aged 22 and over                                      £4.20

The national minimum wage is set to increase from the 1 October 2003 to £3.80 for people up to the age of 21 and £4.50 for people over 21 years of age.

Corporation Tax

The rates of Corporation Tax for the years to 31 March 2003 and 31 March 2004 are set out below:-

                                                                                                               Year to 31 March

                                                           Taxable profits                            2004                     2003

                                                                     £

Starting rate                                        0         -               10,000                   0%                         0%

Lower marginal rate                   10,001         -               50,000            23.75%                  23.75%

Smaller companies’ rate             50,000         -             300,000            32.75%                  32.75%

Upper marginal rate               300,0001         -          1,500,000                 19%                       19%

Standard rate                        1,500,001         and over                               30%                       30%

Clients should be aware of the following points.

1.      Close investment holding companies are always chargeable at the standard rate.

2.      Companies with taxable profits in excess of £1.5M may be liable to quarterly instalment payments on account.  Whilst this may appear high this amount is split equally between associated companies.  Consequently if there are say 10 associated companies and any company with taxable profits of £150,000 or more is going to have to account quarterly for its Corporation Tax.

3.      All the tax rates referred to above are adjusted for associated companies.  Consequently, clients need to advise us if they are aware either of their interest in any other companies or any interest that their spouses may have in any companies so that we can then check whether that it is going to affect the associated company provisions.

Value Added Tax

The rates of registration and deregistration for VAT are as follows:-

Standard rate  -  17.5% VAT fraction of gross price  - 7/47

Reduced rate  -  5%

Annual turnover limits in last 12 months (or in next 30 days)                                                           

From 10 April 03                    From 25 April 02

                                                                              £                                           £    

Registration                                                       56,000                                  55,000

Deregistration                                                    54,000                                  53,000

Annual accounting – turnover limit pa               600,000                                600,000

Cash accounting – turnover limit  pa                 600,000                                600,000

Fuel for private use – VAT due per car 2003/04 (from 1 May 2003)

                                               Yearly                        Quarterly                       Monthly

                                       Petrol        Diesel       Petrol        Diesel         Petrol          Diesel

                                           £                £                  £                £                  £                 £

Up to 1,400cc                  950              900            237            225              79              75

1,401 – 2,000cc            1,200              900            300            225            100              75

over 2,000cc                 1,770           1,135            442            283            147              94

The availability of the flat rate scheme to small businesses is now available to businesses whose annual turnover is not in excess of £150,000.  The idea of the scheme is to simplify the production of the quarterly VAT Returns.  In principle VAT sales invoices are produced as now with VAT taxable at the standard rate charged on the sales invoices.

At each VAT quarter period the VAT inclusive turnover is calculated and the relevant flat rate percentage is then applied to VAT turnover.  The flat rate scheme cannot be used with clients that are already on cash accounting or on special retail schemes or the margin scheme for second hand goods.  Attached are the percentages set out by Customs and Excise for the various different categories of business.  Any clients wishing to consider transferring to this scheme should contact us.

Trading as Limited Companies

Clients may have read in the post recently about the move by small self employed traders into trading as a Limited Company.

Possible saving may be made as follows:-

Potential Tax Saving :-

                                                                  Self-employed                  Limited Company

                                                            Income Tax and Class 2           Income Tax and

                                                              and Class 4 NIC costs                 NIC costs               Saving

Based on profits of £12,000 (see below)           £2,017. 25                        £          Nil               £2,017. 25

Based on profits of £15,000                             £2,887. 25                        £     91. 44              £2,795. 81

Based on profits of £20,000                             £4,337. 25                        £1,278. 94              £3,058. 31

Based on profits of £25,000                             £5,787. 25                        £2.466. 44              £3,320. 81

Based on profits of £30,000                             £7,237. 25                        £3,653. 94              £3,583. 31

The profits shown above are before the personal tax allowance for one individual.

The tax liability on Limited Company profits assumes salary up to the personal allowance level of

£4,615 and the balance paid as a dividend.

We have been keeping under review a possibility for certain clients who currently trade as partnerships or self employed individuals to trade as Limited Companies.

Whilst there are a number of factors that need to be taken into account relate to individual circumstances may be situations where it would be advantageous for certain clients to incorporate their businesses.

Certainly prior to any clients incorporating we would wish to review the client’s individual circumstances to confirm that it would be beneficial from a tax saving point of view.  However, it may just be sensible to run through some of the advantages and disadvantages of incorporation.

Advantages

¨      Possible overall saving on tax (Income Tax and Corporation Tax) as opposed to Income Tax only.

¨      Potential savings on Class 2 and Class 4 NIC.

¨      More tax efficient payment of pension contributions.

¨      More flexibility on determining the taxable level of personal income for each tax year (which may be advantageous when considering the new tax credits).

Limited Liability

Disadvantages

¨      More stringent requirements for expenses incurred.

¨      Possible tax implications of provision of benefits in kind.

¨      Lack of flexibility, in so far as once incorporated more difficult to become unincorporated.

¨      More stringent accounting requirements as set out by the Companies Acts.

¨      More stringent time limits for filing accounts with the Registrar, failure to so could result in substantial fines.

¨      Additional costs of preparing company accounts.

¨      Transparency of business results as accounts have to be filed in the public register.

As we refer to above whether to incorporate or note will very much depend upon individual circumstances and clients should contact us to discuss the possibilities.

Husband and Wife Companies

The Revenue are currently attacking situations where both husband and wife own shares in a company but contend the husband does all the work.  The scenario may be where the husband draws a salary but then the company pays dividends part of which go to the wife who has had no input into the business.  The Revenue are arguing that the dividends paid to the wife should be assessed on the husband and, therefore, taxed at the husband’s top rate.  Not only are the Revenue are attacking the current year, but they have also indicated that they may wish to review such situations going back over 6 years.

Clients should, therefore, be aware of the current Revenue attitude and where such situations arise they should contact ourselves in respect of the arrangements between the husbands and wives.

Capital Gains Tax

The current rates for Capital Gains Tax are as follows:-

                                                                              2003/04                                         2002/03

Annual Exemption                                                   £7,900                                              £7,700         

                                                                    Business & Assets                     Non-Business Assets

Taper Relief                                       Whole Years         % of Gain           Whole Years    % of Gain

                                                                 Held             Chargeable                  Held          Chargeable

                                                                      1                    50                               1                     100

                                                                      2 or more       25                               2                     100

                                                                                                                               3                       95

                                                                                                                               4                       90

                                                                                                                               5                       85

                                                                                                                               6                       80

                                                                                                                               7                       75

                                                                                                                               8                       70

                                                                                                                               9                       65

                                                                                                                             10 or over           60

All business assets acquired before 17 March 1998 qualify for one extra year of ownership.  Transfers between husband and wife living together are exempt from Capital Gains Tax.

Any clients considering selling any assets which may give use to a Capital Gains Tax liability should contact us.

Inheritance Tax

Current rates of Inheritance Tax is as follows:-

Rate on cumulative transfers

Rates                                                                      2003/04                             2002/03
                                                                                   £                                         £

Nil on first                                                               255,000                             250,000

40% on excess

Chargeable lifetime transfers (e.g. to discretionary trusts) – 50% of death rates apply subject to taper relief which reduces the tax due.

Years between gift and death                0-3                   3-4                   4-5                   5-6              6-7

% of tax due                                         100                  80                    60                    40                20

Main Exemptions                                                                                                                             £   

Spouse – both UK domiciled (or transferor non domiciled)                                                      unlimited

Non domiciled spouse- UK domiciled transferor                                                                        55,000

Annual gifts per donor                                                                                                                  3,000

Small gifts per donor not exceeding                                                                                                 250

Marriage gifts by                          -        parent                                                                              5,000

                                                   -        grandparent                                                                     2,500

                                                   -        other                                                                               1,000

Charities and political parties                                                                                                    unlimited

Regular gifts out of surplus income are also exempt.

Special relief’s exist for qualifying business property and agricultural property.

Many clients’ estates will now exceed the Inheritance Tax threshold simply based on the residential home.  It is now more important than ever to consider as early as possible Inheritance Tax planning.

Any clients considering their estate should contact us as we have an overview of clients’ financial affairs.

We are also now dealing with obtaining the grant of probates, which as we have a detailed knowledge of the deceased’s affairs, is often quicker and more economical for clients.

Wife’s Wages

When wives take an active roll in the family business, it is tax efficient for wives to be paid a wage.  The current level  prior to any tax and NIC liability arising in the wages is £88 per week.

Free Advice Provided by Town Hall

Manchester City Council is offering free crime audits to small businesses in the city.

Businesses with up to 250 employees can apply for advice on a range of topics including security, risk

assessment and security auditing, group security schemes, insurance counselling and business watch schemes.

Small businesses interested in the crime audit scheme should contact Frank Dale on 0161 234 1506

Shacter Cohen & Bor
31 Sackville Street
Manchester
M1 3LZ
tel: 0161 236 3909
www.shacter-cohen-bor.co.uk
reception@shacter-cohen-bor.com

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