Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co

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Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
Ford&Co
Chartered Accountants

                        TAXES
                        MADE EASY
                        2017/2018
Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
Taxes made easy                                           Contents
clear and concise tax guide                               A few essentials
                                                          Introduction
                                                                                      2    Companies
                                                                                           Income shifting
                                                                                           Value Added Tax (VAT)

2017/18
                                                          Self assessment (SA) timetable
                                                                                           and your business

                                                          Family matters              4
                                                          Married couples
                                                                                           Tax and your
                                                                                           investments                17
                                                          Tax rates and allowances
Practical tax tips to guide you through the tax system    Children
                                                                                           Pensions
and help you plan to minimise your liability.                                              Tax free savings
                                                          High Income Child Benefit
                                                          Charge
Please use this guide to identify areas where you could   What about unmarried             Property matters           19
take action, then contact us for advice and to discuss    partners?                        Buy to let
the most appropriate way forward.                         A word of warning                Main residence

                                                          Working for others          8    Disposals and
                                                          The tax code                     capital gains tax          21
                                                          Benefits                          Entrepreneurs’ Relief
                                                          Expense payments                 Investors’ Relief

                                                          Running a business 11            Preserving the
                                                          Choosing a business structure    inheritance                22
                                                          The tax regime                   Key features:
                                                          Capital allowances               So what’s the problem?
                                                          Paying the tax                   Mitigating the liability
                                                          Employer obligations

                                                                                                                           1
Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
A few essentials
                                                      more than 80% of the population will have           an asset is sold, the chances are that a profit
    Introduction                                      little or no regular contact with HM Revenue        will arise and this may give rise to a liability to
    In the UK most income tax which flows into the     and Customs (HMRC), the organisation that           capital gains tax (CGT).
    Exchequer does so by deduction at source.         administers and regulates all taxes in the UK.
                                                                                                          Details of any capital gains may have to be
    The tax is taken from income before it is paid    Over 10 million taxpayers have something            included on the self assessment return.
    to the taxpayer and most of this happens by       more than just a regular income taxed under
    way of Pay-As-You-Earn (PAYE). This collection                                                        Inheritance tax may be payable on the assets
                                                      PAYE or income covered by the Savings and
    system will no doubt be familiar to almost                                                            that you give to others in your lifetime or leave
                                                      Dividend Allowances. They might have income
    everyone who is in employment and also to                                                             behind when you die. At one time very few
                                                      from their own business or receive rent from
    those who receive pensions.                                                                           individuals had to worry about this tax.
                                                      a property. Alternatively, it may be that their
    From April 2016 radical changes to the way        savings or dividend income is significant            House price increases over the last two to
    in which interest is paid to savers by banks      enough to result in tax being payable at the        three decades have changed this and many
    and building societies mean that this interest    basic, higher or additional rates of tax. These     more estates have now become liable so
    is no longer paid with tax deducted at source.    taxpayers may be asked to complete a self           you may need to consider some planning to
    Instead for many their savings income is          assessment return each year and then they will      minimise this tax.
    covered by the Savings Allowance. Make sure       have direct contact with HMRC.                      Many of those in business have to understand
    you read the guidance on this issue covered                                                           the principles of Value Added Tax (VAT)
    in the ‘tax rates and allowances’ section on       Practical Tip                                      because they will have to act as an unpaid
    page 4.                                                                                               collector of this tax. In addition, those who
                                                       If you are not asked to complete a tax return,
    Many of us, including children, the retired and                                                       run their business through a limited company
                                                       it remains your responsibility to advise HMRC
    working people, will have savings accounts                                                            need to know about corporation tax which
                                                       if there is a new source of untaxed income, a
    of one sort or another and many might also                                                            taxes a company’s profits. Employing others
                                                       capital profit that could lead to a tax liability
    have shares from which income arises in the                                                           in your business brings further obligations with
                                                       or you are subject to the high income child
    form of dividends. The way in which dividends                                                         Real Time Information reporting for PAYE and
                                                       benefit charge. Please contact us for further
    are taxed has also changed, with individuals                                                          the roll out of Pensions Auto Enrolment. We
                                                       advice if this affects you.
    benefitting from a Dividend Allowance.                                                                 consider these issues later in this guide.
    Strategies may need reviewing to maximise         Income tax is not the only means by which
    income and minimise income tax.                   the government relieves us of our hard earned
    As the circumstances described above cover        cash. You may own assets such as a precious
    the overwhelming majority of individuals,         antique, a second home or shares. If such

2    A few essentials
Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
Practical Tip                                     Self assessment (SA) timetable
 Remember to keep all tax related documents        • Income tax and capital gains tax are both
 such as interest statements, dividend               assessed for a tax year which runs from
 vouchers, pay certificate form P60 etc. Place        6 April to the following 5 April.
 everything in a folder through the year as it     • Shortly after 5 April - SA returns or a notice
 is received. Then you can simply hand this          to complete a return are issued by HMRC.
 to us when we need to prepare your self
 assessment return.                                • 31 October following - non-electronic
                                                     returns need to be submitted to HMRC by
HMRC are increasingly emphasising the                this date.
importance of good records. Failure to             • 31 January following - final date for
maintain adequate records may lead to                submission of the return and all outstanding
inaccurate tax returns, which could result in        tax to be paid.
penalties.
                                                   • There is an automatic penalty for late filing of
This guide is designed to provide you with           the return of £100.
an overview of all of these taxes from seven
perspectives - that of the family; the employee;   • Further penalties may be due if the filing of
the person running their own business; the           the return is significantly delayed. These may
taxation of investments; property matters;           run into hundreds of pounds.
disposals and CGT and, finally, knowing that
nothing is certain except death and taxes, the      Practical Tip
potential liability on your estate at death.
                                                    The full £100 penalty will always be due if
Please use the guide to help you identify           your return is filed late even if there is no tax
planning opportunities, pitfalls to avoid and       outstanding. It is therefore essential to submit
areas where you may need to take action and         the return on time either by 31 October
then contact us for further advice.                 (non-electronic) or otherwise by 31 January
                                                    following the end of the tax year.

                                                                                                       A few essentials   3
Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
Family matters
                                                         taxable income of £123,000 or more will not be    * Only applicable to savings income. The 0%
    Married couples                                      entitled to any personal allowance.               rate is not available if taxable non-savings
    The phrase ‘spouse’ whenever used in this                                                              income exceeds £5,000
    guide includes a registered civil partner.            Tax Tip                                          ** Scottish resident taxpayers are liable
    Spouses are taxed as independent persons,             If your income is in the range £100,000 -        on non-savings income and non-dividend
    each of whom is responsible for their own tax         £123,000 the restriction in your personal        income at 20% income tax up to £31,500,
    affairs. In principle all individuals are entitled    allowance is the equivalent of a tax cost of     40% between £31,501 to £150,000 and then
    to a basic personal allowance before any              60%. You may want to consider making or          45%.
    income tax whatsoever is paid. However, some          increasing certain payments which are tax        Other income taxed first, then savings
    individuals on high incomes may receive a             deductible to minimise this tax cost.            income and finally dividends.
    reduced or even no personal allowance. This is
    explained further below.                              Examples include pension contributions
                                                          (which may be subject to restrictions) and      Tax rates and allowances
    The 2017/18 personal allowance is £11,500.            charitable donations.
    Tax bands and rates are applied to each                                                               For 2017/18 the basic, higher and additional
    spouse separately, so that each may generally                                                         rates of tax applicable remain unchanged.
    have taxable income up to £45,000 before                      2017/18 Income Tax Rates                For 2017/18 some individuals qualify for a
    they start to pay higher rate tax. See the                                                            0% starting rate of tax on savings income up
                                                          £
    income tax rates table for the different bands                                                        to £5,000. However this rate is not available
    which apply to Scottish residents.                    0 - 5,000               0%*                     if non-savings income (broadly earnings,
    For spouses there is no aggregation of                                        20%                     pensions, trading profits and property income)
    income, no sharing of the tax bands and               0 - 33,500**                                    exceeds the starting rate limit.
                                                                                  (7.5% on dividends)
    except in limited circumstances detailed later                                                        Individuals may be entitled to Savings
    in this section the personal allowance may not                                40%
                                                          33,501- 150,000                                 Allowance (SA) with savings income within the
    be transferred from one spouse to the other.                                  (32.5% on dividends)
                                                                                                          SA taxed at 0%. The amount of SA depends
                                                                                  45%                     on an individual’s marginal rate of tax. An
    Losing the personal allowance                         Over 150,000
                                                                                  (38.1% on dividends)    individual taxed at the basic rate of tax has an
    Where an individual’s total income exceeds
                                                                                                          SA of £1,000 whereas a higher rate taxpayer
    £100,000 the personal allowance is reduced
                                                                                                          is entitled to an SA of £500. Additional rate
    by £1 for every £2 of income in excess of that
                                                                                                          taxpayers receive no SA.
    limit. This means that an individual with total

4    Family matters
Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
The Dividend Allowance (DA), available to all                                                        The option to transfer is available to couples
taxpayers regardless of their marginal tax rate,    Tax Tip                                          where neither pays tax at the higher or
charges the first £5,000 of dividends to tax at      If you are feeling charitable, remember that a   additional rate. If eligible, one partner will
0%. Dividends received above this allowance         donation to charity under the Gift Aid scheme    be able to transfer 10% of their personal
are taxed at the rates shown in the table on        benefits from tax relief. It makes sense for a    allowance to their partner which means £1,150
the previous page.                                  higher rate/additional rate taxpayer spouse to   for the 2017/18 tax year.
Dividends within the DA still count towards an      make such donations so that they can benefit      For those couples where one person does not
individual’s basic or higher rate band and so       from the extra tax relief.                       use all of their personal allowance the benefit
may affect the rate of tax payable on dividends     Alternatively, in some circumstances,            will be up to £230 (20% of £1,150).
above the £5,000 allowance.                         donations can be carried back to attract tax     Jointly owned assets
Dividends are treated as the top slice of           relief in the previous tax year.
                                                                                                     Married couples will often own assets in some
income. So the basic rate tax band is first
                                                   Tax breaks for spouses                            form of joint ownership. If they do not, then
allocated against other income.
                                                                                                     it may be advantageous for tax purposes
                                                   Married couples and civil partners may be         for transfers to be made to ensure joint
Minimising the tax bill
                                                   eligible for a Marriage Allowance (MA).           ownership.
It follows from the basic rules set out above
that tax is minimised if spouses equalise, as      The MA enables spouses to                         This can have benefits for income tax, CGT
far as possible, their income so that personal     transfer a fixed amount of their                   and even inheritance tax.
allowances, SA and DA are fully utilised and       personal allowance to their
higher/additional rates of tax are minimised.      spouse. The option to
                                                   transfer is not available
                                                   to unmarried
 Example                                           couples.
 In 2017/18 Ian and Angela have savings
 income of £50,000 and dividend income
 of £50,000 and no other income. If this is
 split equally between them, the total tax bill
 for the couple is £8,700. If only one spouse
 has income of £100,000 and the other has
 nothing, the total tax bill leaps to £22,225 -
 an additional £13,525!

                                                                                                                                Family matters        5
Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
Capital gains tax
     Tax Planning                                                                                           Tax Planning
                                                       Independent taxation also applies to CGT.
     If you and your spouse are both involved          Each spouse is entitled to take advantage of         There is nothing to stop you employing your
     in running a business, income can be              the annual exemption of £11,300 before any           children in the family business so as to take
     equalised if you are equal partners or equal      CGT has to be paid.                                  advantage of their personal allowance. There
     shareholders. Alternatively, if only one of you                                                        are age restrictions (with some exceptions
     is involved, the other could be employed even     This is advantageous where assets are held           the minimum age is generally 13 years old)
     if only to use up their personal allowance.       jointly and then sold as each spouse can use         and legal limitations as to the type and
                                                       their annual exemption to save tax.                  duration of the work. It is also essential that
    Where assets are owned in joint names any          The transfer of assets between spouses               payment is only made for actual work carried
    income is deemed to be shared equally              is neutral for CGT. This is sometimes done           out for the business and at a reasonable
    between the spouses. If the actual ownership       shortly before assets are sold, to minimise tax.     commercial rate.
    shares are unequal, income is still deemed to      Advice should be sought before undertaking
    be split equally unless an election is made to     such transactions to ensure that all tax            Children and capital gains
    split the income in the same proportion as the     aspects have been considered.                       Children also have their own annual exemption
    ownership of the asset.
                                                       Further detail on the operation of this tax is      for CGT so that assets transferred to them
    This does not apply to shares in close             included in the disposals and CGT section of        which have a bias towards capital growth
    companies (almost all small, private, family       this guide.                                         rather than income may prove to be more
    owned companies will be close companies)                                                               advantageous.
    where income is always split in the same           Children                                            Child Trust Funds (CTFs)
    proportion as the shares are owned.
                                                       It is often assumed that children are not           The availability of new
                                                       taxpayers until they achieve some particular        CTFs ceased from
     Example                                           age. In fact HMRC will tax a child just as          January 2011, as did
     A buy to let property is owned three quarters     readily as anyone else if the child has sufficient   government contributions
     by Helen and one quarter by her husband           income to make them liable.                         to the accounts. Existing
     Mark. If no election is made the net rental                                                           CTFs however continue
                                                       Transferring income to children
     income on which tax is payable will be split                                                          to benefit from tax free
     50:50.                                            Children have their own personal allowances         investment
                                                       and tax bands. Where their only income is, at       growth.
     If an election is made the income will be split   best, a few pounds from a paper round or a
     75:25. A choice can be made according             Saturday job, there may be some scope for
     to which is the most desirable when other         transferring income producing assets to the
     income of the spouses is taken into account.      children to use up their personal allowance.
                                                       However, such assets should not be provided
                                                       by a parent, otherwise the income remains
                                                       taxable on the parent, unless it does not
                                                       exceed £100 (gross) each tax year.

6    Family matters
Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
No withdrawals are possible until the child          of £50,000 the charge applies to the partner       What about unmarried
reaches age 18. However, the child’s friends         with the higher income.
and family are able to contribute up to the
                                                     The income tax charge applies at a rate of 1%
                                                                                                        partners?
annual limit of £4,128. It is possible to transfer
                                                     of the full Child Benefit award for each £100       It still pays to equalise income as much as
the investment to a Junior Individual Savings
                                                     of income between £50,000 and £60,000.             possible, as income tax will be minimised.
Account.
                                                     The charge on taxpayers with income above          However, transfers of assets may be liable to
Junior ISA (JISA)                                    £60,000 will be equal to the amount of Child       CGT and, if substantial, could also lead to an
                                                     Benefit paid.                                       inheritance tax liability. It is vital for unmarried
A JISA is available for UK resident children
                                                                                                        couples to each make a Will if they wish to
under the age of 18 who do not have a CTF            Child Benefit claimants are able to elect not to
                                                                                                        benefit from each other’s estate at death.
account. JISAs are tax advantaged and have           receive Child Benefit if they or their partner do
many features in common with existing ISAs.          not wish to pay the charge.                        Remember all the special rules for married
                                                                                                        couples, both those dealt with in this section
They are available as cash or stocks and share       Equalising income can help to reduce the
                                                                                                        and those covered in other sections of this
based products but a child can only have one         charge for some families.
                                                                                                        guide apply equally to same-sex couples who
cash JISA and one stocks and shares JISA.
                                                                                                        have entered into a registered civil partnership
The annual investment is limited to £4,128.           Example                                           or marriage.
                                                      Phil and Jane have two children and receive
 Tax Planning                                         £1,789 Child Benefit for 2016/17. Jane has         A word of warning
 There are some other limited ways income             little income. Phil’s income is over £60,000      Transferring assets or interests in a business
 can be transferred to children tax efficiently        for the 2016/17 tax year. So the tax charge       between husband and wife may attract the
 such as:                                             on Phil is £1,789.                                interest of HMRC especially where it is obvious
 National Savings Children’s Bonds which are          For 2017/18 the Child Benefit for two              that it has been done primarily for tax saving
 tax free.                                            children remains at the same amount of            purposes. Transfer of ownership of an asset
                                                      £1,789 per annum. Phil expects his adjusted       must be real and complete, with no right of
 Friendly Societies offer 10 year minimum, tax        net income to be £55,000. On this basis the       return and no right to the income on the asset
 exempt savings plans for children for up to          tax charge will be £895. This is calculated       given up.
 £25 per month.                                       as £1,789 x 50% (£55,000 - £50,000 =              If a non-working spouse is given shares in
                                                      £5,000/£100 x 1%).                                an otherwise one-person, private company,
High Income Child Benefit                              If Phil can reduce his income by a further
                                                                                                        HMRC may, in some circumstances, seek to
Charge                                                                                                  tax the working spouse on all of the dividends
                                                      £5,000 no charge would arise. This could be
                                                                                                        under what is known as the ‘settlements
                                                      achieved by transferring investments to Jane
A charge arises on a taxpayer who has                                                                   legislation’. So you may want to consider
                                                      or by making additional pension or Gift Aid
adjusted net income over £50,000 in a tax year                                                          obtaining advice from us before entering into
                                                      payments.
where either they or their partner are in receipt                                                       this type of arrangement.
of Child Benefit for the year. Where both
partners have adjusted net income in excess

                                                                                                                                       Family matters          7
Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
Working for others
    Few avoid working for others at some time          Scottish higher rate point of £31,500 applies           some a real status symbol, despite continued
    in their life and most will have encountered       to an employee’s pay, rather than the £33,500           increases in the tax charge they give rise to.
    the PAYE system operated by employers to           which applies across the rest of the United
                                                                                                               The charge on cars is calculated by multiplying
    collect the income tax and national insurance      Kingdom.
                                                                                                               the list price of the car by a percentage which
    contributions (NICs) due on wages and salaries.
                                                       With so many complications and some                     depends on the CO2 emissions (recorded on
                                                       guesswork involved, getting the code exactly            the Vehicle Registration Document) of the car.
    The tax code                                       right can be difficult and the right amount of tax       You then pay tax at 20, 40 or 45% on this
    Ensuring the right amount of tax is taken          will not always be deducted.                            charge depending on your overall tax position.
    relies on a PAYE code, issued by HMRC and                                                                  The table shows on the next page the
    based on information given in a previous self       Tax Tip                                                percentages for 2017/18. For the majority of
    assessment return or supplied by the employer.                                                             company car drivers the taxable benefit is 2%
    The employee, not the employer, is responsible      If you are unsure about your code and are
                                                        anxious not to end the tax year under or               higher compared to 2016/17.
    for the accuracy of the code.
                                                        overpaid, then you should have it checked.             If the car has a diesel engine the charge is
    Code numbers try to reflect both an individual’s     Please talk to us about getting your tax code          increased by a further 3% supplement (except
    tax allowances and reliefs and also any tax         right.                                                 that it cannot exceed 37%).
    they may owe on employment benefits and
    in some cases other types of income. For
    many employees things are simple. They will        Benefits                                                  Example
    have a set salary or wage and only a basic         The range of benefits available will vary                 Mark has an Audi A3 TDI (diesel) registered
    personal allowance. Their code number will be      significantly depending on the type of                    on 1 February 2017. It has an original list
    1150L and the right amount of tax should be        employment. Some attract no tax but even                 price of £20,155 and CO2 emissions of 99g/
    paid under PAYE. However, for those who are        taxable benefits can be efficient as the benefit            km. Mark had extras fitted to the car costing
    provided with employment benefits the code          obtained by the individual can often outweigh            £1,000 (VAT inclusive). In 2017/18 the taxable
    number is generally adjusted to collect the tax    the tax cost arising. In addition, for the individual    benefit will be £4,443 ([20,155 + 1,000] x
    due so that there are no nasty underpayment        (but not the employer) benefits generally do not          21%*). If Mark is a higher rate taxpayer the
    surprises. HMRC may also try to collect tax        attract NICs.                                            tax due on this will be £1,777.
    on untaxed income, tax on dividends and tax
    owing for an earlier year.                         Company cars                                             * 18% from the table plus 3% diesel
                                                       Employer provided cars, commonly known as                supplement.
    For Scottish resident taxpayers the suffix ‘S’ is
    included in the tax code and denotes that the      company cars, remain a popular benefit and for

8    Working for others
Ford&Co TAXES MADE EASY 2017/2018 - Jonathan Ford & Co
Fuel for private use                                    Medical insurance
          2017/18
                               A separate charge applies where private fuel is         The employee is taxed on the amount of the premium
      CO2
                 % of car’s    provided by the employer for a company car. The         paid by the employer.
   emissions
                 price taxed   charge is calculated by applying the same percentage
     (g/km)                                                                            Home and mobile phones
                               figure used to calculate the company car benefit to a
    0 to 50*          9        fixed figure which for 2017/18 is set at £22,600. No      There is no benefit on the provision of a company
   51 to 75*          13       fuel benefit applies to an electric car.                 mobile phone even where it is used privately. However,
   76 to 94*          17                                                               this is limited to one phone per employee.
       95             18        Tax Planning                                           Where home telephone bills are paid by the employer,
                                                                                       the amount paid will be taxable. The employee may
      100             19        The fuel benefit charge can be expensive. It may
                                                                                       make a tax deduction claim for the cost of business
      105             20        be cheaper for the employee to pay for all the
                                                                                       calls only but not the line rental.
                                fuel and to reclaim from the employer the cost of
      110             21
                                business miles driven in a company car based on        Cheap or interest free loans
      115             22        a specific log of business journeys undertaken.         If loans made by the employer to an employee exceed
      120             23                                                               £10,000 at any point in a tax year, tax is chargeable
                                HMRC publish advisory fuel rates for company
      125             24        cars which are updated on a quarterly basis. See       on the difference between the interest paid and the
      130             25        goo.gl/4XVe9h for the latest position or contact       interest due at an official rate - set at 2.5% per annum
      135             26        us.                                                    from 6 April 2017. An exception applies for certain
                                                                                       qualifying loans - please contact us for information.
      140             27
                               Planning to change your car?
      145             28                                                                Tax Tip
                               Significant changes to the car benefit rules are taking
      150             29
                               place. The appropriate percentages of the list price     The £10,000 limit on tax free loans is an attractive
      155             30       subject to tax are now, in general, increasing by 2%     perk for many employees.
      160             31       per annum up to a maximum of 37% up to 2018/19.
      165             32       In 2019/20 the percentages will increase by 3% (but     Childcare costs
                               retaining the 37% maximum).
      170             33                                                               Childcare costs paid for by an employer are exempt
      175             34       The government had                                      from both income tax and NICs. This applies to a
                               planned to abolish the                                  place in an employer operated nursery or where the
      180             35       existing 3% diesel                                      employer pays for registered or approved childcare
      185             36       supplement but                                          as long as the scheme meets certain requirements. In
    190 and                    this will now be                                        the latter case the exemption is limited to a maximum
                      37       retained until                                           of up to £55 per week depending on when the
     above
                               2021.                                                    employee first receives employer supported childcare
round down except *                                                                     and their tax position. Any excess amounts are subject
                                                                                       to tax and NICs. Employer supported childcare is
                                                                                       available to new claimants until April 2018 when the

                                                                                                                      Working for others         9
Tax-Free Childcare scheme will be fully up        Expense payments
     and running. Employees who qualify for both                                                             Example
     schemes are able to choose which scheme           An employee can claim tax relief for expenses         In 2017/18 Michael travels 14,100 business
     they wish to use but families cannot benefit       which are incurred wholly, exclusively and            miles in his own car and is paid 32p per mile
     from both schemes at the same time.               necessarily for business purposes. The main           by his employer.
                                                       types of expense are travelling to places for
     New Tax-Free Childcare scheme                     work (but not the normal place of work) and           Michael can claim tax relief on an additional
     The scheme for employer supported childcare       overnight accommodation.                              amount of £1,013 ((10,000 x 45p) + (4,100 x
     is being replaced by Tax-Free Childcare. The                                                            25p)) - (14,100 x 32p).
     scheme will be available to families where all    Reimbursed expenses
     parents are working 16 hours a week and meet      An employer would normally reimburse an              Vans
     a minimum income level (generally £120 a          employee for business expenses. Employers            Where employees are provided with a van and
     week) with each earning less than £100,000 a      are no longer required to report reimbursed tax      the only private use of this is to travel to and
     year. Parents who are receiving support through   deductible business expenses and therefore           from work (including any incidental private use),
     Tax Credits or the Universal Credit are not       employees do not need to claim tax relief on         then no taxable benefit should arise. If there
     eligible.                                         these expenses.                                      is private use beyond this, there is a benefit of
     Parents will need to register with the            Mileage claims                                       £3,230 for 2017/18 and an additional £610 if
     government and open an online account                                                                  fuel is provided for private as well as business
                                                       Many employers pay a standard rate of mileage        journeys. In order to avoid this charge, it is
     with National Savings and Investments. The        to all employees who use their own cars for
     government will then ‘top up’ payments into                                                            advisable to have a formal written policy,
                                                       business journeys. HMRC set statutory rates          detailed mileage logs and make use of vehicle
     this account at a rate of 20p for every 80p       for business mileage which are 45p for the first
     that families pay in. The scheme is limited to                                                         tracker records. These will support the limited
                                                       10,000 miles in a tax year and 25p thereafter.       private use of the van and may avoid problems
     £10,000 per child per year. The government’s
     contribution will therefore be a maximum of       If the employee is paid for business miles at less   with HMRC in the future.
     £2,000 per child.                                 than the statutory rates, tax relief is available
                                                       on the difference. If, however, the employee is
     Pension Contributions                             paid at more than these rates then the excess
     Contributions by an employer to a registered      is taxable.
     pension scheme are generally tax and NICs free    If you are paid less than the statutory
     for most employees. This may be far better than   rates to use your own car for
     any other perk.                                   business purposes remember
                                                       to claim a deduction on your
      Tax Tip                                          return or write to HMRC to
                                                       make your claim.
      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.

10    Working for others
Running a business
Starting up a business of your own is a big step     partnership. Again, the business and personal       a corporate body. This again gives some
and not one to take lightly. The taxation of your    affairs of the partners are not legally separate.   protection to the owners from the partnership’s
business is only one of many commercial and                                                              creditors.
                                                     Sole traders and partnerships are often referred
legal aspects of starting a business that you will
                                                     to as unincorporated businesses and the             In this section we consider the differing tax
need to consider.
                                                     individual owners as self-employed.                 treatments of the alternatives but you should
Preparation is the key and a proper business                                                             choose which structure is right for you based
plan is one of the first things you should do.        Limited Company                                     on more than just the tax issues alone.
However, tax matters are our main concern            A company is a legal entity in its own right,
here.                                                separate from the personal affairs of the owners
                                                     and the directors.
Choosing a business structure                        A company provides protection from liability,
The alternative business structures are:             which means that the creditors of the
                                                     company cannot make a claim against the
Sole Trader                                          owners or the directors except in limited
This is the simplest form of business structure      circumstances. Often this advantage is
since it can be established without legal            somewhat eroded because a bank, for
formality.                                           example, may seek personal guarantees from
                                                     the directors.
The business of a sole trader is not
distinguished from the proprietor’s personal         These potential
affairs. If the business incurs debts which are      advantages carry the
unpaid, the creditors can seek repayment from        downside of greater legal
the sole trader personally.                          requirements and regulations
                                                     that must be complied with.
Partnership
A partnership is similar in nature to a sole         Limited Liability Partnerships
trader but involves two or more people working       (LLPs)
together.                                            LLPs are a halfway house between
A written agreement is essential so that             partnerships and companies.
all partners are aware of the terms of the           They are taxed in the same way
                                                     as a partnership but are legally

                                                                                                                              Running a business           11
The tax regime                                       Working out profits                                 Cash basis for smaller unincorporated
                                                          Profits are calculated using accepted               businesses
     Unincorporated businesses                            accounting practices and crucially this means      An optional basis for calculating taxable profits
     A new business should register with HMRC on          that profit is not necessarily simply receipts      is available to small unincorporated businesses.
     commencing to trade. Income tax is paid on           less payments. Instead it is income earned less    If an owner of a business decides to use the
     the profits of the business. The amount that the      expenses incurred. However see details of the      cash basis, the business profits would be
     proprietor, or a partner in a partnership, draws     optional cash basis for smaller unincorporated     taxed on cash receipts less cash payments of
     out of the business (referred to as ‘drawings’) is   businesses.                                        allowable expenses subject to a number of tax
     irrelevant.                                          Not all of the expenses that a business incurs     adjustments.
     Profits are taxed on a current year basis             are allowed to be deducted from income for         The optional scheme requires an election by
     as shown by the example, although a new              tax purposes but most are. It is important that    the business owner and is only available where
     business will be subject to special rules, which     you keep proper and comprehensive business         the business receipts are less than £150,000.
     we will be pleased to explain to you.                records so that relief may be claimed.             Businesses can stay in the scheme up to a total
                                                                                                             business turnover of £300,000 per year.
      Example                                              Tax Tip                                           A bit more detail of the scheme:
      If the accounting period (or ‘year’) end is 31       Try to incur expenditure just before rather       • Cash receipts include all amounts received in
      March then, in the tax year 2017/18, the             than just after the year end, as this will          connection with the business including those
      profits for the year ended 31 March 2018 will         accelerate the tax relief.                          from the disposal of plant and machinery. The
      be taxed.                                                                                                good news is that if a customer has not paid
                                                           Examples of the type of expenditure to
                                                           consider bringing forward include building          what is owed by the year end, the amount
      If the year end was 31 August then, in the tax
                                                           repairs and redecorating, advertising and           due is not taxable until next year.
      year 2017/18, the profits for the year ended
      31 August 2017 will be taxed.                        marketing campaigns and expenditure on            • Allowable payments include paid expenses
                                                           plant and machinery.                                but these still need to meet the existing tax
                                                                                                               rule of being wholly and exclusively incurred
      Tax Tip                                             Trading and property income allowances               for the purposes of the trade.
      The choice of accounting date on a business         Proposals have been announced to introduce         • Payments include most purchases of plant
      start up can affect:                                new £1,000 allowances for trading and property       and machinery, when paid, rather than
                                                          income from April 2017. Individuals with trading     claiming capital allowances. The bad news is
      • how profits are taxed                              or property income below £1,000 will no longer       that if a supplier is not paid by the year end,
      • when tax is payable                               need to declare or pay tax on that income.           the amount is not relievable until next year.
                                                          Those with income above the allowance will be
      • when losses are relieved.                         able to calculate their taxable profit either by    • Interest payments are only allowed up to a
                                                          deducting their expenses in the normal way or        limit of £500.
      So do contact us to discuss the options
      available for your circumstances.                   by simply deducting the relevant allowance.        • Business losses may be carried forward to
                                                                                                               set against the profits of future years but not

12    Running a business
carried back or set off ‘sideways’ against       Paying the tax                                    The PAYE and NICs on salaries is
  other sources of income.                                                                           payable monthly (or quarterly where
                                                   The self-employed may have to pay tax and         the amount due is less than £1,500
Do get in touch if you would like us to consider
                                                   NICs three times a year, namely:                  per month).
if this optional scheme is appropriate for you
and your business.                                 • 31 January in the tax year                      Penalties apply to
                                                   • 31 July following the tax year                  employers who fail
Capital allowances                                                                                   to make returns
                                                   • 31 January following the tax year.              on time. These
When assets are purchased for the business,
                                                   In certain circumstances, the first two payments   penalties
such as machinery, office equipment or motor
                                                   can be waived.                                    range from
vehicles, capital allowances are available.
                                                                                                     £100 to
As with expenses, these are deducted from
income to calculate taxable profit.                 Employer obligations                              £400 per
                                                                                                     month
Plant and machinery - Annual Investment            As an employer you will have many                 depending
                                                   responsibilities. These will include employment   on the size
Allowance (AIA)
                                                   law requirements which are not covered in this    of the employer.
The AIA gives a 100% write off on most types       guide and HMRC requirements to report pay         Interest and
of plant and machinery costs, but not cars, of     and benefits. Two other requirements place a       penalties also apply
up to £200,000 per annum.                          further burden on employers.                      for failing to pay on time.
Any costs incurred in excess of the AIA will       Real Time Information                             The employer must also report details of
attract an annual ongoing allowance of 8% or                                                         expenses and benefits provided to employees.
18% depending upon the type of asset.              Real Time Information (RTI) reporting is
                                                   mandatory for broadly all employers.              More information on the valuation of benefits is
Businesses are eligible for a 100% allowance,                                                        contained in the Working for Others section of
on certain energy efficient plant and low           Under RTI employers, or their agents, are         this guide.
emission cars.                                     required to make regular payroll submissions
                                                   for each pay period during the year. The          Pensions Auto Enrolment
Motor cars                                         submissions detail payments made to and           Pensions Auto Enrolment places obligations
The tax allowance on a car purchase depends        deductions made from employees. These             on employers to automatically enrol ‘workers’
on CO2 emissions. Currently purchases of cars      submissions must generally be made on or          into a work based pension scheme. Employers
with emissions of up to 130g/km attract an         before the date the amounts are paid to the       have to comply with their obligations from a
18% allowance and those in excess of 130g/         employees.                                        designated staging date (which vary by size of
km are only eligible for an 8% allowance.          The RTI submission details payments made          employer and when the PAYE reference was
                                                   which include salary, overtime and statutory      set up).
The qualifying emissions are to reduce from 130
to 110g/km from April 2018.                        payments such as statutory maternity pay. It      The employer’s duties include:
                                                   also details the income tax, national insurance
                                                   contributions (NICs) due together with other      • assessing the types of workers in the
                                                   deductions such as student loan repayments.         business

                                                                                                                            Running a business         13
• providing a qualifying automatic enrolment                                                             Warning - close company loans to
       pension scheme                                       Practical Tip
                                                                                                              participators
     • automatically enrolling all ‘eligible jobholders’    If you operate as a limited company, there        A close company (which generally includes
       into the scheme                                      is a legal separation between you as the          owner managed companies) is taxed in certain
                                                            owner and the company itself. This means          circumstances when it has made a loan or
     • and paying employer contributions.                   you cannot use the company bank account           advance to individuals or their family members
     All employers will need to contribute at least         as if it were your own! This requires a certain   who have an interest or shares in the company
     3% of the ‘qualifying pensionable earnings’ for        amount of discipline without which all kinds of   (known as participators). The tax charge is
     eligible jobholders. However, to help employers        legal and tax related difficulties can occur.      32.5% of the loan if it is outstanding nine
     adjust, compulsory contributions will be phased                                                          months after the end of the accounting period.
     in, starting at 1% before eventually rising to 3%.    Corporation Tax                                    The tax charge has been increased from 25%
     If the employer only pays the employer’s              Companies currently pay corporation tax at         for loans made prior to 6 April 2016. The tax
     minimum contribution, employees’ contributions        19%.                                               charge is repaid to the company nine months
     is currently 1% of their salary, before eventually                                                       after the end of the accounting period in which
                                                           Tax on ‘drawings’                                  the loan is repaid.
     rising to 5% as there is an overall minimum 8%
                                                           Directors of a company will normally be paid
     contribution rate. The employee contributions                                                            Further rules prevent the avoidance of the
                                                           a salary and this is taxed under PAYE as for
     may be paid net of basic rate tax depending on                                                           charge by repaying the loan before the nine
     the type of pension scheme, if so the employee        all employees. The cost of this, including the
                                                                                                              month date and then effectively withdrawing the
     pays a 0.8% contribution eventually increasing        employer’s NICs, is generally an allowable
                                                                                                              same money shortly afterwards.
     to 4% before basic rate tax relief is added.          expense of the company. Shareholders of the
                                                           company in contrast may be rewarded by the         A ‘30 day rule’ applies if at least £5,000 is
                                                           payment of dividends on their shares.              repaid to the company and within 30 days new
      Practical Tip                                                                                           loans or advances of at least £5,000 are made
      All employers have to implement Auto                  Tax Tip                                           to the shareholder. The old loan is effectively
      Enrolment. Contribution levels are due to                                                               treated as if it has not been repaid. A further
                                                            In most small companies the directors and         rule stops the tax charge being avoided by
      increase from April 2018. We can help you to
                                                            shareholders are one and the same and so          waiting 31 days before the company advances
      deal with Auto Enrolment.
                                                            they can choose the most tax efficient way to      further funds to the shareholder. This is a
                                                            pay themselves. Using dividends can result        complex area so please do get in
     Companies                                              in savings in NICs. This requires planning        touch if this is an issue
                                                            and needs to take account of the Dividend         for you and your
     Unlike sole traders and partnerships who pay
                                                            Allowance and dividend rates of tax.              company.
     tax on profits only (and drawings are ignored),
     companies have two layers of tax. The first is          The government has announced plans to
     tax payable by directors and shareholders on           reduce the Dividend Allowance from £5,000
     money they take out of the company and the             to £2,000 from 6 April 2018 so careful
     second is corporation tax which is due on the          planning is required. Please talk to us to
     company’s profits.                                      decide what is appropriate for you.

14    Running a business
Payment of tax                                     What does VAT apply to?
 Planning Tip
                                                   Corporation tax is usually payable nine months     VAT is chargeable on the supply of goods and
 Ensure that sufficient salary and dividends        and one day after the year end, so the choice of   services in the UK when made by a business
 are drawn from the business to prevent these      accounting date has no tax consequence.            that is required to register for VAT.
 charges arising unnecessarily on an overdrawn
 director’s current account. We can also ensure                                                       A registered business must charge VAT on its
 that overdrawn accounts are cleared properly.
                                                    Practical Tip                                     sales which is known as output VAT. There
 Please contact us if you would like to discuss     HMRC issue toolkits on various tax topics         are currently three rates of VAT which can be
 the right options for you and your business.       to help taxpayers and their agents comply         payable on what are known as taxable supplies.
                                                    with tax law. One of the main areas of non        These are the standard rate of 20%, the
                                                    compliance identified by HMRC is poor              reduced rate of 5% and the zero rate.
Tax on profits
The profits of a limited company are calculated      record keeping and this applies to all types of   The zero rate applies where the supply is
in a similar way as for unincorporated              business. If you would like guidance on what      deemed to be subject to VAT but the output
businesses and the same rules with regard           records to keep please get in touch.              VAT is charged at 0%, meaning that no VAT is
to expenses and capital allowances generally                                                          actually payable.
apply. Remember though that the salaries           Income shifting                                    However, a business also pays VAT on the
paid to directors, but not the dividends paid to                                                      goods and services it buys. This is known as
shareholders, are deductible from the profits       Over recent years, many families have been
                                                                                                      input tax.
before they are taxed.                             attracted by the savings that can be made by
                                                   combining small salaries and large dividends. It   If the output tax exceeds the input tax, then
                                                   was possible to increase the savings available     a payment of the difference has to be made
 Tax Planning                                      by introducing a non-working family member         to HMRC. This calculation is normally done
 Companies are a popular business structure        into the business as a shareholder or co-owner,    quarterly. If input tax exceeds output tax a
 as they generally result in less tax being paid   to use up their personal allowance and lower       repayment of VAT will be made.
 overall. However the changes to tax rates         rates of tax.                                      This calculation is also done quarterly except
 on dividends and the proposal to reduce the       Care needs to be taken as rules aimed              that if repayments occur regularly this can
 Dividend Allowance from April 2018 reduce         at counteracting this in the ‘settlements          be done monthly. Regular repayments would
 the savings that are available by incorporating   legislation’ could be used to challenge certain    perhaps apply where a business generally
 and trading as a limited company.                 arrangements. If you have any questions or         makes zero rated supplies.
 We would be happy to discuss the                  concerns, please do not hesitate to contact us.
                                                                                                      Supplies
 implications of incorporation with you before
 you decide whether or not to incorporate          Value Added Tax (VAT) and your                     Certain supplies of goods and services are not
                                                                                                      subject to VAT at all and are known as exempt
 your business.                                    business                                           supplies. A business that makes only exempt
                                                   VAT is a tax ultimately paid by the final           supplies cannot register for VAT and will be
                                                   consumer and businesses act as the collectors      unable to reclaim any input tax.
                                                   of the tax. There are heavy fines for failing to
                                                   operate the system properly.

                                                                                                                            Running a business         15
customer will be able to recover the VAT that is
                           Tax Tip                                              charged.
                           When you first register for VAT you can               Indeed, in general, a business that always sells
                           reclaim input tax on goods purchased up to           to other VAT registered businesses will normally
                           four years prior to registration provided they       register, even if below the annual limit, because
                           are still held when registration takes place.        then it can reclaim VAT on purchases and
                           VAT on services supplied in the six months           expenses.
                           prior to registration may also be reclaimed.
                                                                                This will improve profit and can be especially
                          As there are three rates which can be                 relevant for new businesses because there are
                          applicable to taxable supplies, standard,             often high initial set up costs that carry VAT.
                          reduced or zero rated, it is important to identify    On the other hand, registration comes at the
                          the type of supplies correctly and apply the          cost of having to meet onerous record keeping
                          correct percentage of VAT.                            requirements, a need to submit online VAT
                          Some input VAT is not reclaimable by a VAT            returns and pay online and on time. As well as a
                          registered business. Two common examples              fundamental need to get it right!
                          are VAT incurred on entertaining UK business          Failure on any of these points exposes the
                          customers and VAT on the purchase of a car.           business to penalties which, in some cases,
                          Do I need to register?                                can be substantial.
                          A business must register if its taxable supplies
                          exceed an annual figure, currently £85,000. If          Tax Planning
                          taxable supplies are less than this a business         You should consider carefully whether
                          may still register voluntarily. So, for example, if    to register voluntarily. If the VAT at stake
                          the business makes only zero rated sales, it can       is relatively small the responsibilities of
                          still register and reclaim the input tax suffered.     registering may outweigh the benefit.
                          VAT can affect competition. A plumber, for
                          example, who sells only to the general public,
                          will be at a disadvantage if he has to register
                                                                                 Practical Tip
                          for VAT.                                               There are various VAT schemes designed to
                          He may have to charge up to 20% more than a            reduce administration and/or improve cash
                          plumber who is not registered to earn the same         flow for the smaller business so do contact
                          profit.                                                 us for further information.

                          On the other hand, if the same plumber only
                          works for other VAT registered businesses,
                          such as building companies, then it will not
                          matter whether he is registered because the

16   Running a business
Tax and your investments
Setting aside income in the form of savings           exceed £40,000 or if the value of the fund
is important for us all, to provide for the           when benefits are taken is greater than a
unexpected or to build up a nest egg that we          lifetime allowance which, for 2017/18, is
can enjoy in retirement.                              £1 million. Generally where a taxpayer has
                                                      adjusted income in excess of £150,000
Pensions                                              the annual contribution possible will be
                                                      restricted from £40,000 by £1 for every
Pensions are one of the most tax efficient
                                                      £2 for income in excess of the £150,000.
forms of saving. Most higher rate taxpayers can
                                                      The minimum annual allowance available
contribute £100 to a registered pension fund
                                                      after this restriction is £10,000.                When an allocation of funds into a flexi-access
at a cost of only £60 and investment income
                                                                                                        account is made the member typically will take
and capital gains will accrue within the scheme       Pensions freedom                                  the opportunity of taking a tax free lump sum
largely tax free.                                     Taxpayers have choice and flexibility when it      from the fund.
An individual is entitled to tax relief on personal   comes to accessing their personal pension
                                                                                                        The person will then decide how much or how
contributions in any given tax year up to the         fund. Options include taking a tax free lump
                                                                                                        little to take from the flexi-access account. Any
higher of 100% of earned income or £3,600             sum of 25% of fund value and purchasing an
                                                                                                        amounts that are taken will count as taxable
(gross).                                              annuity with the remaining fund or opting for a
                                                                                                        income in the year of receipt.
                                                      more flexible drawdown.
The contributions are paid net of basic rate
                                                                                                        Access to some or all of a pension fund without
tax and the pension provider will then recover        The flexible drawdown rules allow for total
                                                                                                        first allocating to a flexi-access account can
that basic rate tax from HMRC. Higher and             freedom to access a pension fund from the age
                                                                                                        be achieved by taking an uncrystallised funds
additional rate relief, if appropriate, can be        of 55. Access to the fund may be achieved in
                                                                                                        pension lump sum.
claimed from HMRC. Contributions in excess of         one of two ways:
the individual’s limit can be made into a scheme                                                        The tax effect will be:
                                                      • allocation of a pension fund (or part of a
but the excess will not attract tax relief.             pension fund) into a 'flexi-access drawdown      • 25% is tax free
An employer may make contributions to a                 account' from which any amount can be
                                                                                                        • the remainder is taxable as income.
scheme and a deduction from profits may be               taken over whatever period the person
available to the employer.                              decides                                         Getting the right advice at the point of
                                                                                                        retirement is therefore important.
As these reliefs are generous, there are controls     • taking a single or series of lump sums from
which serve to limit high levels of contribution.       a pension fund (known as an 'uncrystallised
These are complex but, put simply, they may             funds pension lump sum').
give rise to a tax charge if annual contributions

                                                                                                                       Tax and your investments            17
Tax free savings                                    Other tax efficient investments                      investment (in qualifying unquoted trading
                                                         The following investments work in varying ways.     companies) of up to £1 million. A CGT
                                                         You should consider your needs in detail before     exemption may be given on sales of EIS shares
      Tip                                                                                                    held for at least three years. If the gain on the
                                                         entering into any commitments.
      Don’t forget to use the Dividend and Savings                                                           sale of any chargeable asset (eg quoted shares,
      Allowances. These allowances tax £5,000            National Savings and Investment (NS&I)              second homes, etc) is reinvested in EIS shares,
      of dividends and up to £1,000 of savings           Premium bonds                                       the gain on the disposal can be deferred.
      income at 0%. See the section ‘tax rates and       Premium bonds are tax free and you could win        Seed Enterprise Investment Scheme (SEIS)
      allowances’ on page 4.                             £1 million!
                                                                                                             A more recent addition to the available
     Individual Savings Accounts (ISAs)                  However, the annual rate of return is not           schemes is SEIS. The tax breaks for the
                                                         predictable. The current Premium bonds              investor are:
     ISAs are free of income tax and CGT. There          investment limit is £50,000. The more you
     are maximum investment limits which apply                                                               • income tax relief at 50% in respect of
                                                         invest the more frequently you are likely to win,
     for each tax year but, over several years, large                                                          qualifying SEIS shares up to an annual
                                                         the smaller prizes at least. However, there is no
     investments can be built up. From 6 April 2017                                                            maximum investment (in all SEIS companies)
                                                         guarantee of a steady rate of return.
     the overall annual ISA savings limit is £20,000.                                                          of £100,000
     Investors can choose to invest in a cash            Single premium insurance bonds                      • a CGT exemption where SEIS shares are
     ISA, stocks and shares ISA or an Innovative         These provide a means of deferring income into        sold more than three years after they are
     Finance ISA as long as they do not exceed the       a subsequent period when it may be taxed at a         issued (as for EIS)
     investment limit.                                   lower rate.
                                                                                                             • a further CGT exemption of 50% where an
     Lifetime ISA                                        Venture Capital Trusts (VCT)                          individual makes a capital gain in 2017/18
     The government has introduced a new Lifetime        These bodies mainly invest in the shares of           and reinvests the gain in
     ISA for adults under the age of 40. Individuals     unquoted trading companies. VCT are however           qualifying SEIS shares before
     will be able to contribute up to £4,000 per year    quoted investments. An investor in the                6 April 2018.
     and receive a 25% bonus from the government.        shares of a VCT will be exempt from tax
     If £4,000 is invested, the investment limit for     on dividends and on any capital gain
     the other types of ISAs falls to £16,000. Funds,    arising from disposal of the shares in
     including the government bonus, can be used         the VCT. Income tax relief currently at
     to buy a first home up to £450,000 at any time       30% is available on subscriptions for
     from 12 months after the first subscription,         VCT shares, up to £200,000 per tax
     or can be withdrawn from age 60 completely          year, so long as the shares are held
     tax-free.                                           for at least five years.
     There is also the Help to Buy ISA. Details are in   The Enterprise Investment
     the Property Matters section of the guide.
                                                         Scheme (EIS)
                                                         Income tax relief at 30%
                                                         is available on new equity

18    Tax and your investments
Property matters
Direct investment in residential property has      Which property?                                        residence within certain time limits. Please
always been a popular form of investment.                                                                 contact us for further advice on this area.
                                                   Investing in a buy to let property is not the same
                                                   as buying your own home. You may wish to get           Tax on rental income
Buy to let                                         an agent to advise you of the local market for
                                                                                                          Income tax will be payable on the rents received
The UK property market, whilst cyclical, has       rented property. An agent will also be able to
                                                                                                          after deducting allowable expenses. Allowable
proved over the long-term to be a successful       advise you of the standard of decoration and
                                                                                                          expenses include mortgage interest, which is
investment. This has resulted in a massive         furnishings which are expected to get a quick
                                                                                                          restricted in the case of residential property,
expansion in the buy to let sector.                let.
                                                                                                          repairs, agent’s letting fees and the cost of
Traditionally, buy to let involves investing in    Letting property can be very time consuming            replacing furnishings.
property with the expectation of capital growth    and inconvenient. Tenants will expect a quick
                                                   solution if the central heating breaks down over       Restriction of relief for finance costs on
with the rental income from tenants covering
the mortgage costs and any outgoings.              the bank holiday weekend! Do not cut corners           residential lettings
However, the gross return from buy to let          - a correctly drawn up tenancy agreement will          The amount of income tax relief landlords can
properties, the rent less expenses, can change.    ensure the legal position is clear.                    get on residential property finance costs is
Investors also need to take a view on the                                                                 being restricted to the basic rate of income
                                                   Stamp Duty Land Tax (SDLT) and Land and
likelihood of capital appreciation exceeding                                                              tax. This restriction will be phased in over four
inflation. Investors should take a long-term view   Buildings Transaction Tax (LBTT)                       years from April 2017. For 2017/18 75% of
and choose properties with care.                   Higher rates of SDLT and LBTT, which relates           the finance costs are deductible in full from the
                                                   to Scotland, apply on purchases of additional          rental income. The remaining 25% is given as
 Practical Tip                                     residential properties.                                a basic rate reduction. This reduction may be
                                                                                                          subject to further restrictions where property or
                                                   The rates are 3% above the SDLT and LBTT
 When choosing between investments always                                                                 other non-savings income is insufficient.
                                                   rates. The higher rates potentially apply if, at the
 consider the differing levels of risk and your
                                                   end of the purchase transaction, the individual        Disposal
 requirements for income and capital in both
                                                   owns two or more residential properties.
 the short and long term. An investment                                                                   Where property is disposed of CGT will
 strategy based purely on saving tax is not        Welsh Land Transaction Tax will be introduced          generally be payable. This is payable on the
 appropriate.                                      from April 2018.                                       difference between the sale proceeds and
                                                                                                          the original cost. Where property has been
                                                   There are some exemptions from the rules.
                                                                                                          improved then these capital costs may be
                                                   One of these covers the replacement of a main
                                                                                                          available to reduce the value of the gain. The

                                                                                                                                    Property matters          19
CGT annual exemption results in the first             Provided a particular residence has been the         largest asset could
     £11,300 of gains, for 2017/18, being tax free.       main home at some time, then the last 18             result in an IHT
                                                          months of ownership will always be exempt.           liability of up
     CGT rates are generally 10% to the extent that
                                                          This applies even if another residence has now       to 40%. At the
     any income tax basic rate band is available and
                                                          become the main home during this time.               same time, finding
     18% thereafter.
                                                                                                               a way to deal with
     However these rates increase to 18% and 28%                                                               it efficiently for IHT
                                                           Example
     for chargeable gains on residential properties                                                            is difficult because
     that do not qualify for private residence relief      Joe has a house in Luton which is his               individuals need
     and some other situations.                            principal private residence and which he            a place to live. The
                                                           has owned for eight years. Fed up with              government has introduced
     Main residence                                        commuting he buys a flat in central London           measures to reduce the
                                                           and elects for this to be his main residence.       problem for many families. See the
     An individual’s or married couple’s only or main      Exactly five years later he sells his home in        Preserving the Inheritance section of this guide
     residence is generally exempt from CGT. The           Luton.                                              for details.
     exemption extends to grounds of up to half a
     hectare provided this is not used for any other       The Luton home is exempt for the first eight         Help to Buy ISA
     purpose. There must also be clear evidence of         years whilst he was living in it and for the last
                                                                                                               The Help to Buy ISA, provides a tax free
     occupation as a main residence and not just           18 months because, even though he had
                                                                                                               savings account for first time buyers wishing to
     ownership.                                            another home which was his main residence
                                                                                                               save for a home.
                                                           during this time, the last 18 months is always
                                                           exempt provided the home in question                The scheme provides a government bonus to
      Tax Planning
                                                           qualified as the main residence at some              each person who has saved into a Help to Buy
      Larger grounds may also be exempt, as can            point.                                              ISA at the point the purchase of their first home
      the sale of part of the garden or grounds for                                                            is completed. For every £200 a first time buyer
      development. However, professional advice is         9.5/13 of the gain on the Luton home will be        saves, the government will provide a £50 bonus
      recommended to plan for the best outcome.            exempt from CGT. Upon the eventual sale             up to a maximum bonus of £3,000 on £12,000
                                                           of the flat the whole of that gain will also be      of savings.
     Subject to exceptions, periods of absence are         exempt.
     chargeable but, if the main residence was let                                                              Tip
     during absences, as a result of which a charge       The main residence exemption can be
                                                          complex and often causes a good deal of               Those saving for their first home should first
     arises, a ‘letting relief’ may apply to reduce the
                                                          misunderstanding. Please contact us for further       consider the Lifetime ISA. The Lifetime ISA
     chargeable gain.
                                                          advice before making transactions in property.        allows more to be saved and the bonus is
     More than one residence                                                                                    added to the account at the end of each tax
                                                          Inheritance tax (IHT)                                 year. You can have both a Help to Buy and
     Where an individual (or married couple) have
     two or more residences, only one residence at        The general growth in house prices has caused         Lifetime ISA at the same time but you will
     any one time can be treated as the main home         real IHT worries. This is because retaining the       only be able to use the bonus from one of the
     for exemption. This is done by an election.          family home in the estate when it is often the        accounts to purchase your first home.

20    Property matters
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