Additional Covid-19 info
2021 Covid-19 Furlough update relevant to 31 April 2021
This summary provides guidance for managing furlough and the Job Retention Scheme.
Extensions to Furlough
After multiple extensions, the job retention scheme was due to end on 31 October 2020 with the Job Support Scheme (JSS) replacing it. However, due to new lockdowns, the Job Retention Scheme has been extended until the end of April 2021, with the JSS postponed indefinitely.
Flexible furlough means arranging part-time work with staff who will be classed as on furlough for the remainder of their usual working hours. Although the flexible furlough scheme from July to October has now ended, flexible furlough is permitted under the extended Job Retention Scheme.
Job Retention Bonus (JRB)
On 8 July, a new Job Retention Bonus (JRB) was announced. However, as a result of the JRS extensions, the JRB will no longer be provided. "Future incentives" are expected to be announced at a later date.
Job Support Scheme (JSS)
In September, the JSS was announced to replace the JRS in November; however, due to the extensions to the JRS, the JSS has been postponed indefinitely.
Furlough feature articles
With the Job Retention (furlough) Scheme having been extended once again, many employers will be wondering if there are any key changes to the Scheme to be aware of. In short — yes, there are. Ben McCarthy, lead researcher and employment law writer, examines this more closely below.
The words "furlough", "lockdown" and "coronavirus" feel almost engrained into our collective conscious as we enter yet another month of the Covid-19 pandemic. However, this was all very new to us at the start of the year. Back in March 2020, with the threat of the coronavirus forcing the UK Government to implement a national lockdown, businesses across the country were faced with the very real prospect of making large numbers of staff redundant. To help prevent this, the Government announced the Job Retention Scheme, through which it would provide a grant to cover a portion of employee wages in companies across the UK. To benefit from this, employers needed to place their staff on "furlough", which initially meant they kept them on company books but provided them no work to do.
The furlough scheme was a substantial success, preserving jobs as the UK moved through its first period of lockdown and most businesses were allowed to reopen in the summer.
However, it was also expensive. Incredibly expensive. As such, in May, the Government announced plans to roll down the scheme and contribute less money towards it, with it set to end completely on 31 October. Unfortunately, despite a significant decrease in coronavirus cases seen in the summer, they once again started to rise as September hit and new restrictions on businesses began to be put into place. Pleas to extend the furlough scheme past October hit the Government, but it remained adamant that this would not happen. So determined was it that the scheme was to end, that in September it even announced a new scheme, the Job Support Scheme, that would provide support to businesses once the furlough scheme ended but would be less generous.
However, on 31 October 2020, ironically the day it was originally set to end, Prime Minister Boris Johnson finally confirmed the furlough scheme was to be extended once again until at least December, as a result of a new national lockdown in England. On 5 November, the Government outlined that it was to last until the end of March 2021. On 17 December, the scheme was extended again to the end of April 2021.
What's stayed the same?
In order to continue to benefit from the scheme from November, employees still need to be placed on furlough. Employers can then claim a government grant to pay a portion of staff wages but will continue to pay National Insurance and employer pension contributions. Both "full" and "flexible" furlough remain options, meaning that furloughed staff can still work part time provided they are paid in full for the time they work or not work at all. Staff must agree to be furloughed, regardless of whether they have been furloughed before or not, as furlough will result in a reduction in their hours and pay. Subject to some new eligibility requirements outlined below, employees on any type of contract, including zero-hour workers, can still be furloughed.
As before, all employers with a UK bank account and UK PAYE schemes can claim the grant, which is a departure from the eligibility requirements that were to be in place for use of the Job Support Scheme. This is likely to reflect the new national lockdown in England and the expectation that more businesses are going to need to close. It should be noted that the Job Support Scheme has now been postponed. Those operating in the public sector are still not permitted to use the scheme however, as before, they may be able to if they are not fully funded by public grant.
Further guidance was released by the Government on 5 November, which confirmed a number of additional areas that were to stay the same. Furloughed staff are able to take annual leave as before, provided they are paid in full for the time, and will continue to accrue this leave while furloughed. Staff can still be furloughed for as much or as little as their employer deems necessary, with the minimum claim period remaining seven days. If employees were eligible to be furloughed under the original scheme from March, they should continue to use the same procedure for calculating hours worked, and corresponding pay, when applying for the grant. If not, new rules apply.
The first thing that has changed is the amount of government grant available. While the Government has been gradually reducing the amount they provide over the past few months, from November this is once again 80% of employee wages up to a cap of £2500 per month per employee. This means that if an employee was placed on full furlough, their employer will not need to pay any of their usual wage outside of contributions mentioned above. Although the original plans were to review the amount the Government were providing in January 2021, as of December 2020 it seems that the 80% grant is to remain in place until the end of scheme in April 2021.
Between July and October, employees could only be placed on furlough if they had not been furloughed previously, subject to certain stated exceptions. This has changed from November, with staff once again able to be furloughed for the first time provided they meet eligibility criteria. To be eligible, staff now need to have been on an employer's PAYE payroll by 23:59 on 30 October 2020. This means a Real Time Information (RTI) submission notifying payment for that employee to HMRC must have been made on or before 30 October 2020.
Another key change is whether staff who were serving a notice period, such as those who have been made redundant, can continue to benefit from the scheme. In November, this was permitted to continue, however the Government has since prohibited this from December. In short, the furlough grant can no longer be claimed for those serving any form of notice, since it goes against the purpose of the extended furlough scheme, which is to preserve jobs. There is also a change to the rules surrounding employees coming off family leave. To give a direct example, if an employee wishes to return from maternity leave early in order to be furloughed, they need to now provide eight weeks'notice to their employer, and cannot be furloughed until those eight weeks are up.
The coronavirus situation is moving very quickly and, unlike before, it is currently unclear how long this furlough extension is set to last. It is therefore vital that employers keep up to date with all developments.
Furlough news items
Chancellor Rishi Sunak has announced that the furlough scheme is to be extended until the end of April 2021 with the Government continuing to contribute 80% towards wages.
In a move to ensure firms can access the support they need through continuing economic disruption, Mr Sunak also confirmed that he would be extending the Government-guaranteed Covid-19 business loan schemes until the end of March 2021.
These changes come ahead of the Budget, which the Chancellor has confirmed will take place on 3 March 2021.
This will, he said, deliver the next phase of the plan to tackle the virus and protect jobs, so the extensions to the business loan and furlough schemes enable businesses to plan with certainty and access support in the first few months of the New Year ahead of that further update on wider Covid-19 economic support.
The eligibility criteria for the UK-wide scheme will remain unchanged and these changes will continue to apply to all Devolved Administrations.
"We know the premium businesses place on certainty," the Chancellor said, "so it is right that we enable businesses to plan ahead regardless of the path the virus takes, which is why we're providing certainty and clarity by extending this support, as well as implementing our Plan for Jobs."
The Chancellor said he would review the employer contribution element of the Coronavirus Job Retention Scheme (CJRS) in January, but decided to bring this forward to allow businesses to plan ahead for the remainder of the winter and the New Year.
The Government will continue to pay 80% of the salary of employees for hours not worked until the end of April, he confirmed.
Employers will only be required to pay wages, National Insurance Contributions (NICs) and pensions for hours worked, and NICs and pensions for hours not worked.
The loans available until the end of March are the Bounce Back Loan Scheme, Coronavirus Business Interruption Loan Scheme and the Coronavirus Large Business Interruption Loan Scheme.
These had been due to close at the end of January.
The Treasury has pointed out that extending the CJRS until the end of April gives businesses certainty well ahead of the 45-day redundancy notice period, with the Budget setting out the next phase of support more than 45 days before the new end date of the scheme.
October 2020 Local lockdown grants
The Government has announced that businesses in England that are required to shut because of local lockdowns will now be able to claim up to £1,500 per property every three weeks. This provides comes in addition to the existing loans, grants and tax breaks.
Businesses in England required to close due to local lockdowns or targeted restrictions will now be able to receive grants worth up to £1,500 every three weeks. To be eligible for the grant, a business must have been required to close due to local Covid 19 restrictions. The largest businesses will receive £1,500 every three weeks they are required to close and smaller businesses will receive £1,000.
Payments are triggered by a national decision to close businesses in a high incidence area. Each payment will be made for a three-week lockdown period and each new three-week lockdown period will trigger an additional payment.
Any businesses still closed at a national level (e.g. nightclubs) will not be eligible. If a business occupies premises with a rateable value less than £51,000 or occupies a property or part of a property subject to an annual rent or mortgage payment of less than £51,000, it will receive £1,000.
If a business occupies premises with a rateable value of exactly £51,000 or above or occupies a property or part of a property subject to an annual rent or mortgage payment of exactly £51,000 or above, it will receive £1,500.
Local authorities will also receive an additional 5% top up amount of business support funding to enable them to help other businesses affected by closures which may not be on the business rates list. Payments made to businesses from this discretionary fund can be any amount up to £1,500 and may be less than £1,000 in some cases.
Local authorities will be responsible for distributing the grants to businesses in circumstances where they are closed due to local interventions and further eligibility criteria may be determined by those local authorities.
As with other Covid business grants, local grants to closed businesses will be treated as taxable income.
Assessing the risks
At a time when most office workers are not currently in the workplace in Britain, the Government is clear that people should not be forced into an unsafe workplace.
It is therefore essential to plan for how to work safely during the COVID-19 pandemic, keeping as many people as possible 2m apart from those they do not live with.
In this new climate, employers must make sure that the risk assessment for the business addresses the risks of COVID-19, recognising it is not possible to completely eliminate the risk of the virus.
As always - and this is unchanged during the current crisis - employers have a duty to consult employees on health and safety. Involving staff in making decisions shows that you take their health and safety seriously. You could also consider any advice that has been produced specifically for your sector, eg by trade associations or trades unions.
If you are an employer with fewer than five workers, or are self-employed, you don't have to write anything down as part of your risk assessment.
Controlling the risks
Employers have a duty to reduce the risks associated with COVID-19 to the lowest reasonably practicable level by taking preventative measures. This means the following.
- Businesses and workplaces should make every reasonable effort to enable working from home as a first option.
- Where working from home is not possible, workplaces should make every reasonable effort to comply with the social distancing guidelines set out by the Government (keeping people 2m apart wherever possible).
- Where the social distancing guidelines cannot be followed in full in relation to a particular activity, businesses should consider whether that activity needs to continue for the business to operate, and if so, take all the mitigating actions possible to reduce the risk of transmission between their staff.
- In every workplace, increasing the frequency of handwashing and surface cleaning is important. Further mitigating actions include:
- keeping the activity time involved as short as possible
- using screens or barriers to separate people from each other
- using back-to-back or side-to-side working (rather than face-to-face) whenever possible
- reducing the number of people each person has contact with by using "fixed teams or partnering" (so each person works with only a few others).
- Finally, if people must work face-to-face for a sustained period with more than a small group of fixed partners, then you will need to assess whether the activity can safely go ahead. No one is obliged to work in an unsafe work environment.
- In your assessment, you should have particular regard to whether the people doing the work are especially vulnerable to COVID-19. See Who should go to work? below.
Sharing the results of your risk assessment
As mentioned above, it is imperative to carry out an assessment of the risks posed by COVID-19 in your workplace as soon as possible. You should also share the results of the risk assessment with your workforce. If possible, consider publishing the results on your website (and all employers with over 50 workers must do this).
Employers should display this notice in the office to show they have followed Government guidance.
Who should go to work?
The key objective in this regard is that everyone should work from home, unless they cannot do so.
- Staff needed on site may, for example, include workers in roles critical for business and operational continuity, eg for safe facility management, or workers in critical roles which might be performed remotely but who are unable to work remotely due to home circumstances or the unavailability of safe enabling equipment.
- Employers will also need to take steps to protect clinically vulnerable and clinically extremely vulnerable workers. These groups include those with cancer, those aged 70 or over or with certain underlying health conditions as outlined in the Appendix to the latest guidance. Some of these people are strongly advised not to work outside the home whereas others may be offered the option of the safest available on-site roles enabling them to stay 2m away from others.
- Another group of office workers to consider is those who need to self-isolate because they have symptoms of COVID-19 or live in a household with someone who has symptoms. Here employers will need to enable staff to work from home while self-isolating if appropriate.
For those working from home, it will be important for employers to monitor their wellbeing and help them stay connected to the rest of the workforce, as well as provide equipment for them to work at home safely and effectively.
Further points about social distancing in the office
Social distancing of 2m wherever possible applies to all parts of a business, not just the place where people spend most of their time, but also entrances and exits, travelling between sites, break rooms, canteens and similar settings. These are often the most challenging areas to maintain social distancing.
Here the new guidance offers some practical tips including the following.
- Ensure handwashing on arrival.
- Use floor tape - eg in lifts and for workstation layouts - to help workers keep a 2m distance apart.
- Manage occupancy levels and stagger start and end times.
- Avoid hot desking and where this is not possible, such as in call centres, clean workstations and shared equipment between different occupants.
- Reduce transmission risks associated with face-to-face meeting by using remote working tools. Hold face-to-face meetings only when absolutely necessary and then use hand sanitiser, well ventilated rooms, avoid pen and equipment sharing and use floor signage or tape on tabletops to help office workers maintain social distancing.
- Encourage workers to bring their own food or provide packaged meals instead of fully opening staff canteens.
- In an emergency such as a fire or accident, people do not have to stay 2m apart if this would be unsafe, but those providing assistance should pay particular attention to sanitation and handwashing immediately after any incident.
- Office managers will also need to minimise the number of unnecessary visits to the office by customers, visitors and contractors.
- Cleaning and social distancing guidelines for toilets and washrooms will be important. Organisations could look at blocking sinks to ensure staff are kept apart when washing hands.
Cleaning the office
The aim is to make sure that any office that has been closed or partially operated is clean and ready to restart. The Government has published guidance on cleaning ordinary, non-healthcare workplaces.
The new guidance for offices emphasises the need for the following.
- An assessment for all sites, or parts of sites, that have been closed, before restarting work.
- New cleaning procedures, with frequent cleaning of work areas and equipment between uses, and providing hand sanitiser before restarting work.
- Signs and posters to build awareness of good handwashing techniques, the need to increase handwashing frequency, avoid touching your face and to cough or sneeze into a tissue which is binned safely, or into your arm if a tissue is not available.
- If you are cleaning the office after a known or suspected case of COVID-19, then you should refer to the specific guidance on this.
Face coverings - optional in offices
The Department of Health and Social Care recently updated its advice on face coverings, suggesting the public should consider using them in enclosed spaces, for example on public transport such as on trains, buses and metro systems, and in shops to help reduce the transmission of COVID-19.
However, the statement added that they do not need to be worn outdoors, while exercising or in workplaces such as offices and retail spaces.
It's also important to note that face coverings are not the same as face masks such as surgical masks or respirators. Nor are face coverings the same as the personal protective equipment (PPE) used in industrial settings where dangerous dusts or sprays are present.
The public is being asked not to purchase surgical masks or respirators but leave these for healthcare workers working in environments where the risk is greatest.
Instead the public is encouraged to make face coverings at home, using scarves or other textile items that many will already own.
Therefore, the new guidance on working safely in offices emphasises that face coverings are optional in the office and are not required by law.
If staff do choose to wear a face covering, it is important to use these properly and wash hands before putting them on and taking them off.
Employers should support their workers in using face coverings safely if they choose to wear one. This means communicating the following information to employees.
- Wash your hands thoroughly with soap and water for 20 seconds or use hand sanitiser before putting a face covering on, and after removing it.
- When wearing a face covering, avoid touching your face or face covering, as you could contaminate them with germs from your hands.
- Change your face covering if it becomes damp or if you've touched it.
- Continue to wash your hands regularly.
- Change and wash your face covering daily.
- If the material is washable, wash in line with manufacturer's instructions. If it's not washable, dispose of it carefully in your usual waste.
- Practise social distancing wherever possible.
Some final points about working safely in offices
- Arrange work to reduce the number of contacts each employee has, eg where staff are split into teams or shift groups, fix these teams or shift groups so that where contact is unavoidable, this happens between the same people.
- Identify areas where people directly pass things to each other, eg office supplies, and use drop-off points or transfer zones instead.
- Avoid unnecessary work travel and keep people safe when they do need to travel between locations.
- Communicate: make sure all workers understand COVID-19-related safety procedures in the new style office working environment and keep them up to date with how measures are being implemented or updated.
- Maintain social distancing and avoid surface transmission when goods enter and leave the site.
The new guidance on offices, contact centres and other similar environments, recently published by the Department for Business, Energy and Industrial Strategy, will be updated over time - check for updates via this link.
2 June 2020 Tax free child care during COVID-19
HMRC have updated their guidance on claiming tax-free childcare and 30 hours childcare during coronavirus (COVID-19) with information on what happens where the 31 March 2020 deadline has been missed.
1 June 2020 Self-employment grant extended
The self-employed income support scheme (SEISS) has been extended. A second and final grant will be available when the scheme opens again in August 2020.
The second grant will be a taxable grant worth 70% of average monthly trading profits, paid out in a single instalment covering a further three months' worth of profits, and capped at £6,570 in total.
Eligible taxpayers who wish to claim the first grant must do so on or before 13 July 2020.
For further details on the extension of the scheme, see the HM Treasury release Chancellor extends Self-Employment Support Scheme and confirms furlough next steps.
View HMRC's updated guidance on SEISS at https://www.gov.uk/guidance/claim-a-grant-through-the-coronavirus-covid-19-self-employment-income-support-scheme.
For guidance on how to make claims, see Claim a grant through the Self-Employment Income Support Scheme.
30 May 2020 Health and Safety returning to the office
Government guidelines for making the office environment safe:
This is based on five safe working principles, to help businesses get up and running and British workers safely back to work during the coronavirus pandemic.
- Work from home, if you can. All reasonable steps should be taken by employers to help people work from home but for those who cannot work from home and whose workplace has not been told to close, the message is: go to work.
- Carry out a COVID-19 risk assessment, in consultation with workers or trade unions, to establish what guidelines to put in place. If possible, employers should publish the results of their risk assessments on their website and all businesses with over 50 employees are expected to do so.
- Maintain 2 metres social distancing, wherever possible, by redesigning workspaces: staggering start times, creating one-way walk-throughs, opening more entrances and exits, or changing seating layouts in break rooms.
- Where people cannot be 2m apart, manage transmission risk by putting barriers in shared spaces, creating shift patterns or ensuring colleagues are facing away from each other.
- Reinforcing cleaning processes: workplaces should be cleaned more frequently, paying close attention to high-contact objects like door handles and keyboards. Employers should provide handwashing facilities or hand sanitisers at entry and exit points.
13 May 2020 Self-employment grant launched
The Self employment grant claim system has now been launched by HMRC. We are assisting clients where they have been affected by the coronavirus outbreak in submitting their claim. We will need your NI number, UTR number and we will set up a Government Gateway account for you if you do not already have one. The claim cannot be made via our agent account with HMRC. HMRC benefit from this by engaging far more tax payers onto their digital tax platform. Call or email for assistance.
5 May 2020 - Self employment grant scheme to launch on 13 May 2020
HMRC has begun contacting around 3.5m taxpayers who may be eligible for the government's self-employment income support scheme (SEISS), to explain the application process of making a claim when the service opens next week.
This will be launched on Wednesday 13 May, with payments reaching bank accounts by 25 May 2020, or six working days after the claim is made.
An online checker is now available which will let taxpayers check their eligibility, as well as give them an application date. Individuals will need their unique taxpayer reference (UTR) and National Insurance number and that these match their government gateway account.
This is a temporary scheme that will enable those eligible to claim a taxable grant worth 80% of their average trading profits up to a maximum of £7,500 (equivalent to three months' profits) in a single payment.
Taxpayers are eligible if their business has been adversely affected by coronavirus, they traded in 2019-20, intend to continue trading and they meet the following three criteria:
- Earning at least half of their income through self-employment;
- Having trading profits of no more than £50,000 per year; and
- Trading in the tax year 2018 to 2019, having submitted their self assessment tax return on or before 23 April 2020 for that year.
HMRC is using information from 2018-19 tax returns, and returns for 2016-17 and 2017-18 to determine their eligibility and is contacting customers who may be eligible via email, text or letter.
Where individuals are ineligible for the scheme, HMRC will direct them to guidance setting out the conditions to help them understand why they are ineligible, and advice about other support that might be available to them, such as income tax deferrals, rental support, Universal Credit, access to mortgage holidays and the various business support schemes the government has introduced to protect businesses during this time.
HMRC warns it expects support phone lines to be very busy over the next few weeks as people enter this new scheme, so is encouraging taxpayers to only call if they cannot find what they need on GOV.UK, from their tax agent or via HMRC's webchat service.
4 May 2020 Bounce back loan announced
|The Chancellor has announced a 100% government backed loan scheme for small businesses, designed to offer up to £50,000 of fast-track finance for those affected by coronavirus. Interest free for 12 months and cash will be available within days or even 24 hours. For more details https://www.gov.uk/government/news/new-bounce-back-loans-to-launch-today and https://www.accountancydaily.co/covid-19-ps50k-bounce-back-loans-small-businesses|
20 April 2020 - We are registering and starting the furlough claims for clients, reimbursement from HMRC under the Job Retention Scheme will arrive 6 days after the claim is made.
Child benefit - make sure you are registered or re-registered
If you are one of the many tax payers who cancelled your child benefit income you may now be entitled to it during this lockdown period or longer depending on how quickly you resume earning the higher income threshold of £50k.
Defer your VAT and corporation tax payments
VAT and corporation tax payments can be deferred until January 2021, make sure you maintain submissions within the normal due dates.
SSP reclaim for directors - the interaction with auto-enrolment duties
If you are a director and consider re-claiming SSP for yourself you may inadvertently create an implied employment contract which then brings you within auto-enrolment obligations.
THIS SUMMARY IS SUBJECT TO CHANGE AT SHORT NOTICE AS THE GOVERNMENT RELEASES ITS OWN UPDATES - THIS SUMMARY WAS LAST UPDATED FRIDAY 27th MARCH 2020 @ 10.08am
On Thursday 26 March the government announced their intention to provide further support for the self-employed in the form of a taxable cash grant.
The scheme allows individuals to claim a taxable grant worth 80% of their trading profits up to a maximum of £2,500 per month for the 3 months from March to May 2020. This may be extended if needed.
The taxable cash grant will be in the form of a single lump sum to cover the three months from March to May 2020. It will be paid in June 2020 to those that are eligible directly into their bank account.
The self-employed including members of Partnerships will be eligible if their trading profits for 18/19 were less than £50,000 and more than 50% of their income stems from self-employment.
Alternatively, they will be eligible if their average trading profits for the tax years 16/17, 17/18 and 18/19 were less than £50,000 and more than 50% of their income stems from self-employment. For those that started trading between 2016-19 HMRC will only use those years for which a Self-Assessment tax return has been filed.
The scheme will be open to those that have submitted an income tax self-assessment tax return for the year to 5 April 2019 (the 18/19 tax year). Worth noting that HMRC's guidance does state that the 18/19 tax return must be filed by 23 April 2020 in order to eligible. For those that have yet to file their 18/19 tax return, it represents something of an opportunity to bring your affairs up to date and record your earnings for that year as well as qualify for the relief if all other conditions are met.
Additional eligibility criteria include the requirement that the individual must have lost trading profits due to Covid-19 and they must have traded in 2019/2020, intend to trade in 2020/2021 and are trading at the point of application or would have been except for Covid-19.
Individuals that claim Tax Credits would need to include the grant as part of their income.
It is crucial to observe that HMRC will contact and invite those that are eligible to apply. Applications will need to be made online when the invitations have been issued by HMRC.
Individuals do not need to contact HMRC now.
This seems an opportune moment to remind readers that HMRC does not send texts or make calls asking for bank or credit card details. If this happens then it is likely to be a scam. Please be wary.
We will update this guidance as and when HMRC issue further guidance of their own.
We have a client who currently has an interest in two residential properties. He lives in one as his main residence and the other was bought as a second home just for weekends. As he has two properties available to him (neither let out to tenants) he consider making a private residence nomination. There are time limits for doing this.
You may only obtain capital gains tax relief on one main residence at any one given time. If you own more than one main residence consider the tax position. You can notify HMRC within two years after purchasing your second home which of the two properties is to be your main home and exempt from capital gains tax when you sell it.
A home must have been physically occupied in order to qualify for relief. Intending to occupy the property does not qualify for tax relief. For our client there will be occupation of both properties, the main home, and the holiday home.
A good tip to make a note of, each time there is a change in your combination of residences a new period begins and there is a fresh opportunity to make a nomination or vary an earlier one and this can be backdated up to two years.
Where time has run out be careful when making a claim that a particular property is to be the actual main residence. Documentary evidence such as correspondence address, where council tax is paid, electoral register etc are all typical factors that are considered.
The two-year time limit may be waived in certain circumstances for dual residences. For example when the market value of either one of the properties is negligible and you were unaware that a nomination could be made. The nomination, when finally made (it still ahs to be within a 'reasonable' time) will be backdated to the date when the second property came into your ownership.
If you have made no nomination to date remember that when the combination of available properties changes you can made a new nomination and backdate it, this includes a previously let property becoming available to you as a second home at the end of a tenancy.
Capital gains tax case
Which value is to be used as the base cost when calculating the capital gains tax when the client sells the late parents home? Is it;
a) the value of the part inherited share 10 years ago when her father died ? Leaving a quarter share to her in a will trust or
b) the value when her mother died, inheriting the other 25%. There was a second beneficiary in the terms of the will and factors affecting rights to inhabit the property.
Would the values be apportioned or split some other way? Would she have to pay capital gains tax for the 10 years that her mother remained living in the house?
In the detail of this case the client only gained absolute entitlement to her share of the property after the death of her mother and so the later date is used for the valuation hence a smaller taxable gain arises.
Tax relief on Enterprise Investment Schemes (EIS) and Seed Enterprise Investment Schemes (SEIS)
Significant tax relief can be achieved through these investments. It is also possible to carry an investment back to the previous tax year to utilise the available tax relief where there is insufficient tax to relieve in the year of investment.
The tax relief, when the criteria is met such as investing for three years and gaining a certificate from HMRC, is 30% of the amount invested for EIS and 50% for SEIS. If you have invested in these we will claim the tax relief for you.
Protect your assets in a Discretionary trust
If you are thinking about giving something to your children to help them onto the property ladder a discretionary trust protects the asset when compared to giving it to them outright. It also starts the seven year clock ticking when at the end of the seven year period the asset will then no longer form part of your estate, on a sliding scale over the seven year period.
The trust must be registered with HMRC and will need to prepare it's own tax return each year. There are different tax rules and rates for trusts so careful planning is required before deciding to put an asset into a trust. There are inheritance tax obligations on entry to a trust and 10 yearly charges if the asset is worth in excess of the current inheritance tax free band of £325,000.
However if you want to protect an asset's ownership and/or start the process of reducing the value of your estate for inheritance tax purposes this may be a valid consideration.
The latest scam to hit taxpayers is a call to mobile phone numbers from fraudsters posing as HMRC officials requesting immediate payment of £500 in so-called phishing attacks.
Taxpayers are being told that the tax bill relates to unresolved tax issues dating back 10 years and the fraudsters ask for immediate payment by credit card. However, HMRC does not even accept credit card payments anymore so anyone being told to pay by credit card should immediately be on alert and notify HMRC of the scam.
It appears that the company has accessed old mailing addresses and frequently cites the wrong postcode when the taxpayer asks where the information has come from.
Are you a non UK resident with property in the UK?
Non UK residents are only subject to UK tax on the sale of residential April 2015. They are subject to non resident capital gains tax (NRCGT) and there are three main differences from CGT:
Only the gain arising since April 2015 is chargeable. If the property is held in a non UK company, the company rate of NRCGT is 20% and therefore greater than the current rate of corporation tax. A non resident capital gains tax return must be filed within 30 days of the sale. The tax must also be paid by this date unless a self assessment will be filed in which case the due date is the usual tax return filing deadline.
Bear in mind that, if an individual sells a property during a period of non UK residence which lasts less than five years, any pre April 2015 gain will become chargeable on their return to the UK.
Flat rate VAT scheme
Limited cost traders from 1 April 2017 Under the new rules, businesses in the scheme which have a low cost base,referred to as 'limited cost traders', will see the VAT rate increase. Limited cost traders include consultants, IT contractors, journalists, entertainers,hairdressers, beauticians, construction (labour only), accountants ,lawyers,architects, surveyors. This list is not exhaustive, it includes any business on the flat rate scheme that does not purchase physical goods totalling more than 2% of vat inclusive sales.
Software does not count as a physical good. A business is considered a limited cost trader when VAT inclusive expenditure on goods is either:
Less than 2% of their VAT inclusive turnover in an accounting period;
or greater than 2% of their VAT inclusive turnover, but less than £1,000 per annum, if the prescribed accounting period is not one year, the figure is the relevant proportion of £1,000).
When working out the amount spent on goods, it cannot include purchases of:
Capital goods, food, drink, vehicles or parts for vehicles.
This is assessed and reported on a quarter-by-quarter basis removing the original simplicity of the flat rate scheme. Rate rise The VAT flat rate percentage for low cost traders will increase to 16.5%.
The benefits of remaining within the flat rate scheme, for many traders, are completely wiped out by these changes and some small businesses are likely to be caught out by the additional reporting requirements. Others businesses under the VAT threshold may even find that without the benefit of the flat rate scheme, they no longer have a need to be VAT registered.
Tax free childcare
A useful article for all working parents paying for childcare:
From 24 November 2017 the childcare scheme covering 30 hours free childcare a week and the tax-free childcare option for qualified parents is available to parents whose youngest child is under six or who has their sixth birthday on that day. Parents can apply online through the childcare service which can be accessed via the childcare choices website.
In April this year, HMRC started rolling out the childcare service. Since then more than 275,000 parents have an open childcare account. Of these, more than 216,000 parents received an eligibility code for 30 hours free childcare for September.
However, HMRC acknowledges that while the majority of parents used the childcare service without significant problems, over the summer some parents did not receive the intended level of service when using the website. HMRC says it has now made significant improvements.
Over the coming months, HMRC will gradually open the childcare service to parents of older children, while continuing to make further improvements to the system.
HMRC says this is so it can manage the volume of applications going through the service, ensuring parents continue to receive a better experience and prompt eligibility responses when they apply - almost all parents receive a response within five working days, and most get their decision instantly. All eligible parents will be able to apply by the end of March 2018.
The scheme was originally meant to start on 28 April, for parents of the youngest children with all parents being able to join by the end of 2017.
Source: by Pat Sweet, tax reporter.
July 2019 Kamil Kacprzak has passed his latest set of ACCA exams.
Silviya Syulevska passed her penultimate ACCA exams and is now studying for the ACCA finals.