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Budget 2016 and the Business Owner

The Chancellor of the Exchequer used the Budget in the UK to unveil some significant tax changes. Albeit, most of these are pledges for the future.

From April 2017:

Looking further ahead:

There are some measures that have come into immediate effect such as the move to a graduated rate of Stamp Duty on freehold commercial property and leasehold premium transactions.

Finally, a number of measures come into effect from April 2016, the most noteworthy being:

If you would like to discuss how the Budget 2016 or the new measures that come into effect from April 2016 affect you, please email us at welcome@cooperfaure.co.uk for an initial consultation that is free and without obligation.

 

Tax on Private Pension Contributions

One of the questions that we are often asked is how much can I invest tax-free in a pension scheme each year?

As a result, we thought that it would be useful to give an overview.

Private pension contributions are tax-free up to certain limits which for the current tax year are:

It is important to recognise in this context that earnings are the total taxable income of an individual including dividends, property and investment income.

The contributions can be made into most private pension schemes such as:

The annual allowance applies across all of the schemes into which contributions are made rather than being a per scheme limit. In addition, this figure is for all the contributions made by the individual, their employer or any third party.

However, it is possible to carry back any unused annual allowance from the previous three tax years provided that the individual was a member of a registered pension scheme in those years.

The annual allowance for the 2014-15 tax year was £40,000, for the 2013-14 tax year was £50,000 and for the 2012-13 tax year was £50,000.

There is nothing to prevent contributions above the limits but any additional sums will be taxed as part of the Self-Assessment tax return.

On the other hand, as it stands, tax relief is available on private pension contributions up to 100% of your annual earnings and, therefore, on contributions above the annual allowance. The amount of tax relief is based on the tax band of the individual.

There has been much speculation that this tax relief could be reduced as part of the upcoming Budget and we will include the details of any such change in our Budget Briefing.

If the tax due is more than £2,000, which equates to an additional payment of £5,000 by a tax payer in the Higher Rate tax band, this tax can be paid directly by the pension provider to HMRC from the pension pot.

Similarly, with the lifetime allowance, tax becomes payable once the threshold of £1.25 million is exceeded.  For this, it is important to understand the difference between pension schemes.

Personal, stakeholder and most workplace schemes are designated as ‘Defined Contribution’ where the total monies paid in equate to the lifetime allowance.

However, there are still some workplace schemes that operate on a ‘Defined Benefit’ basis. Here, the initial lump sum plus twenty times the first year pension equates to the lifetime allowance.

If you have any questions or would like any further information, please email us at welcome@cooperfaure.co.uk.

Job Vacancy – Accounts Administration Assistant

CooperFaure Accountants is looking for a full-time Accounts Administration Assistant to join our friendly team in our London office based in Teddington.

The role will suit a confident, friendly and bright individual, with an excellent telephone manner and presentation looking for their first full-time placement in the sector.

We are looking for someone who is reliable and conscientious, with the ability to tackle all aspects of the role with enthusiasm and professionalism. A real eye for detail, a desire to achieve the highest standards and an ability to manage conflicting priorities are highly desirable qualities.

A knowledge of Microsoft Office and an ability to work under your own initiative together with an interest in the field of accountancy are necessary.  Experience using accounting software is desirable, though not a requirement, as full training will be given.

The successful candidate must be able to work in the UK and there will be a three-month probationary period. The role reports to the Accountancy Manager.

Job Description:

Administration Tasks, including but not limited to:

Accounting Tasks, including but not limited to:

We are a growing, independent firm of chartered accountants, based in Teddington, South-West London. The Company was established in 2006 by the two founder Directors to provide a fully comprehensive accounting services platform for any business big or small. From our formation, our key principle is to work with the best. This has involved investing in market-leading technology, suitable premises and information resources. Our team share an enthusiasm to support our clients and bring a range of diverse skills not confined to accountancy.

If this role is of interest, please email your CV to meg.macgill@cooperfaure.co.uk in the first instance.

If you would like to know more about us, please visit our website www.cooperfaure.co.uk

 

 

Dividends and the Remuneration and Company Structure

From 6th April 2016, one of the most far-reaching reforms to personal taxation comes into effect. The Dividend Tax Credit system is being replaced by an annual tax-free Dividend Allowance of £5,000. Dividends above this allowance will be taxed at a graduated rate.

Two key questions arise from this change:

Looking at the first question, take a scenario where a Limited Company has made an operating profit of £80,000.00 for the year before the business owner has received any payment and there is no other personal income stream.

At the extremes, a salary at the Lower Earnings National Insurance threshold could be paid with the remainder withdrawn as a Dividend or it could be paid entirely as PAYE salary. We have summarised below the tax impact for both options in the 2016-17 tax year:

Salary Dividend
Profit Before Tax £80,000.00
Employers NI £8,717.53
Corporation Tax £14,388.00
Gross Salary £71,282.47
Income Tax at 20% £6,400.00
Income Tax at 40% £11,312.99
Employees NI £4,758.45
Salary £8,060.00
Total Dividends £57,552.00
Dividend Allowance (£5,000.00)
Taxable Dividends £52,552.00
Tax on Dividends at 7.5% £2,025.00
Tax on Dividends at 32.5% £7,348.90
Total Tax £31,188.96 £23,761.90
Net Amount £48,811.04 £56,238.10

 

Overall, even though the tax on dividends will be £9,373.90 compared to £6,232.50 had the system not changed, the dividend route will still offer the more tax-efficient option.

The reasons for this are the tax rates on dividends will continue to be lower than those on income and there will continue to be no Employers nor Employees National Insurance contributions applicable to dividends.

Looking at the second question, for the entrepreneur there are many considerations as to the best functional structure for their business.

However, take the same scenario where there is an operating profit of £80,000.00 for the year to be extracted completely and there is no other personal income stream.  It would be more tax-efficient for the entrepreneur to trade through a Limited Company than as a sole trader:

Limited
Company Income Tax
Profit £80,000.00
Salary £8,060.00 £0.00
Taxable Profit £71,940.00
Corporation Tax £14,388.00
Dividend £57,552.00
Dividend at 0% £7,940.00 £0.00
Dividend at 7.5% £27,000.00 £2,025.00
Dividend at 32.5% £22,612.00 £7,348.90
Corporation Tax £14,388.00
Income Tax £9,373.90
Total Tax £23,761.90
Net Amount £56,238.10

 

Sole Trader or Income Tax
Partnership and NI
Profit £80,000.00
Income Tax at 0% £11,000.00 £0.00
Income Tax at 20% £32,000.00 £6,400.00
Income Tax at 40% £37,000.00 £14,800.00
Class 2 National Insurance £145.60
Class 4 NI at 0% £8,060.00 £0.00
Class 4 NI at 9% £34,940.00 £3,144.60
Class 4 NI at 2% £37,000.00 £740.00
Income Tax £21,200.00
National Insurance £4,030.20
Total Tax and NI £25,230.20
Net Amount £54,769.80

 

In this illustration, there would be a £1,468.30 tax benefit from arranging the remuneration through a Limited Company but the new tax regime has narrowed the gap. Applying the same figures in the 2015-16 tax year, the tax benefit would be roughly £4,500.00.

There are two important riders to this:

We are also running a free Q & A forum on this topic. If you email your question to us at welcome@cooperfaure.co.uk by Thursday 18th February, we will include it and our response in a Q & A newsletter we will be publishing on Sunday 21st February.

Dividends and the New Tax Regime

From 6th April 2016, one of the most far-reaching reforms to personal taxation comes into effect. The Dividend Tax Credit system is being replaced by an annual tax-free Dividend Allowance of £5,000. Dividends above this allowance will be taxed at a graduated rate.

As a result, whereas until now an individual with an overall income within the standard rate tax band had no tax to pay on dividends, from April tax will be payable as soon as the Personal and Dividend allowances have been utilised.

Taking the scenario where an individual is currently paid a salary of £15,000 plus dividends to the higher rate threshold and has no other income, the maximum tax-free dividend would have been £25,200.00 under the current structure.

We have summarised below the overall impact of the changes for the 2016-17 tax year between the current and new systems:

2016-17 2016-17
Current Structure New Structure
Salary £15,000.00 £15,000.00
Dividends to Higher Rate £25,200.00 £25,200.00
Dividend Tax Credit £2,800.00
Gross Income £43,000.00 £40,200.00
Dividend Allowance (£5,000.00)
Taxable Dividends £28,000.00 £20,200.00
Tax on Dividends at 10% £2,800.00
Tax on Dividends at 7.5% £1,515.00
Less Dividend Tax Credit (£2,800.00)
Tax on Dividends £0.00 £1,515.00
Net Payment £25,200.00 £23,685.00

 

In this scenario, there would be a tax liability of £1,515.00 where there had been none before.

However, the Dividend Tax Credit system worked on the basis that the dividend received was 90% of the total Taxable Dividends with the remaining 10% being the Dividend Tax Credit. In the example above, although the individual received £25,200.00, under the current regime the Taxable Dividends would be £28,000.00.

From April, the full £28,000.00 will be available and, if this is factored into the model, the comparison is as follows:

2016-17 2016-17
Current Structure New Structure
Salary £15,000.00 £15,000.00
Dividends to Higher Rate £25,200.00 £28,000.00
Dividend Tax Credit £2,800.00
Gross Income £43,000.00 £43,000.00
Dividend Allowance (£5,000.00)
Taxable Dividends £28,000.00 £23,000.00
Tax on Dividends at 10% £2,800.00
Tax on Dividends at 7.5% £1,725.00
Less Dividend Tax Credit (£2,800.00)
Tax on Dividends £0.00 £1,725.00
Net Payment £25,200.00 £26,275.00

 

Whilst there will be a new tax liability of £1,725.00, the abolition of the Dividend Tax Credit system would increase the Net Dividend Amount by £1,075.00.

The new taxation strategy is targeted primarily at business owners who are currently remunerated through a low salary and high dividend model.

Take the example of a business owner who is paid a salary at the National Insurance minimum threshold of £8,060.00 together with dividends of £150,000.00:

2016-17 2016-17
Current Structure New Structure
Salary £8,060.00 £8,060.00
Dividends £150,000.00 £150,000.00
Dividend Tax Credit £16,666.67
Gross Income £174,726.67 £158,060.00
Dividend Allowance (£5,000.00)
Taxable Dividends £166,666.67 £145,000.00
Tax on Dividends at 10% £2,394.00
Tax on Dividends at 32.5% £38,350.00
Tax on Dividends at 37.5% £9,272.50
Tax on Dividends at 7.5% £1,420.50
Tax on Dividends at 32.5% £38,350.00
Tax on Dividends at 38.1% £3,070.86
Less Tax Credit (£16,666.67)
Tax on Dividends £33,349.83 £42,841.36

 

In this case, the tax on the Dividends will increase by £9,491.53 a whopping 28.5%.

However, although these changes are evidently designed to diminish the benefit of being remunerated by dividends, this have not been eradicated completely.

In our next newsletter, we will be comparing a salary versus dividend remuneration strategy and showing that it is still more tax-efficient to operate under a Limited Company as opposed to a sole trader or in a partnership.

We are also running a free Q & A forum on this topic. If you email your question to us at welcome@cooperfaure.co.uk by Monday 15th February, we will include it and our response in a Q & A newsletter we will be publishing on Sunday 21st February.

Changes to the Rules on Company Distributions

One short paragraph in the 2015 Autumn Statement document announced that “The government will publish a consultation on the rules concerning company distributions later in the year.” This consultation document was indeed published at the end of last year and has introduced two new words to the world of taxation – moneyboxing and phoenixism.

Moneyboxing is the scenario where Retained Earnings are allowed to accumulate in a Limited Company over a number of years to be extracted via a solvent liquidation, known as a Members’ Voluntary Liquidation (MVL). This allows the final distribution to be treated as capital rather than income making it subject to Capital Gains Tax. This ensures that the Capital Gains Annual Exempt Amount for each shareholder is utilised which often goes unused. For the 2015-16 tax year this is £11,100.00.

More significantly, in the vast majority of cases, the shareholder would be entitled to Entrepreneur’s Relief which would result in the remaining distribution being taxed at a rate of 10%.

Phoenixism is where the shareholders set up a company to trade for a short period. They then set up a new company carrying on the same or a substantially similar business and use the MVL route to extract the funds as capital from the first company to achieve the same tax benefit. After another period, a third company is formed and the second company liquidated and this cycle can continue.

Given that an individual’s lifetime limit for Entrepreneurs Relief is currently £10m, there is ample scope for this process to be repeated on multiple occasions.

A similar set up to phoenixism is the use of special purpose companies. Often operated in the property development sector, here a business subdivides into separate companies for particular projects with each company then liquidated when the project is completed.

The motivation for the proposals to change the rules concerning company distributions is the seismic reform on the way in which Dividends will be taxed that comes into effect from 6th April 2016. Throughout February, we will be publishing a series of newsletters, guides and holding a Q & A on the new Dividend taxation regime.

Suffice to say, Dividend distributions will be more heavily taxed than is currently the case. In turn, this would increase the incentive for a business owner to opt for their remuneration to be taxed as capital rather than income.

The government is looking to block that option in cases where the business owner is essentially going to carry on the same business in another vehicle.

Although the consultation runs until 3rd February, the draft legislation has already been prepared to be included in the 2016 Finance Bill and to come into force from 6th April 2016.

The current draft legislation states than when a company is wound up via an MVL and the shareholders receive a capital distribution, if an individual or a connected person either carries on a trade or activity that is the substantially the same or is a shareholder of another company that undertakes a similar activity within two years of the date of the distribution, then their distribution will be treated as income and taxed accordingly.

It is important to underline that the MVL will remain the best approach from a tax perspective for those solvent businesses that are being wound up due the business owner retiring, relocating or moving on to new challenges.

In addition, the draft legislation may be modified as a result of the consultation. The full consultation document is here with responses needing to be emailed to adrian.coates@hmrc.gsi.gov.uk by 3rd February.

We will be monitoring the final legislation as part of our comprehensive coverage of the 2016 Budget that is scheduled for Wednesday 16th March.

In the meantime, if you have any questions or would like to discuss your circumstances, please email us at welcome@cooperfaure.co.uk for an initial, free consultation.

Buy-To-Let and Second Homes – Changes to Stamp Duty and Capital Gains Tax

The Summer Budget and Autumn Statement contained a quartet of tax changes that will have a massive impact on the on the Buy-To-Let property sector.

In second of a two-part newsletter series, we look at the impact of the changes in Stamp Duty, Capital Gains Tax and the abolition of the Wear and Tear Allowance for furnished properties announced in the Autumn Statement, and what may be around the corner.

From April 2016, a higher rate of Stamp Duty Land Tax (SDLT) will be charged on the purchase of additional residential properties for more than £40,000. The higher rate will be 3% above the current Stamp Duty Land Tax rates and will apply to Buy-To-Let properties and second homes.

On many levels, this seems a sensible proposal especially for parts of the country where much of the local population are unable to afford to buy houses due to the desirability of second homes.

For a £400,000.00 property, the SDLT for a Buy-To-Let or second home buyer will be £20,800.00 compared to £10,000.00 for those buying their own home.

However, announcing that this change comes into effect from April 2016 has seen a surge in property purchases with the Royal Institute of Chartered Surveyors describing the housing market in December as “unusually buoyant”.

Whilst the framework of the policy was set at the Autumn Statement, the details are yet to be finalised. To this end, HMRC published a consultation document in December. The consultation runs to 1st February with the final format to be announced at the Budget on 16th March and the higher rates applying from 1st April 2016.

The consultation document raises major issues. Whilst the stated intention of the reform was to penalise the purchase of Buy-To-Let properties and second homes, it would also apply to someone buying a property to replace their main residence but who had not sold their current main residence.

As long as the original main residence is sold within eighteen months, a refund of the additional Stamp Duty would apply. However, this does not take the sting out of the additional cost at the time of purchase.

There is some acknowledgement of this in one of the questions:

“Would there be a benefit to a significant number of purchasers if the test for whether someone owns one, or more than one, residential properties, were undertaken at the time of submitting the SDLT return, rather than at the end of the day of the transaction?”

However, given the government is legislating to reduce the time to submit the SDLT return to fourteen days after completion, this would only provide a minimal overlap.

There is also cause for concern for joint purchasers. As the price of housing continues to increase, especially in London and Home Counties, the proposition of two or more unrelated individuals buying a property together is growing more popular.

The consultation intends that, if any of the joint purchasers has another property and is not replacing a main residence, the higher rates will apply to the entire transaction.

For individuals that inherit a property, the current treatment of this being outside the scope SDLT will continue to apply. However, an inherited property will be relevant when determining if a buyer is purchasing second home.

Finally, and most alarmingly, whilst SDLT only applies to purchases of land and property in England, Wales and Northern Ireland, the consultation indicates that property owned globally will be relevant.

Potentially, someone who is purchasing their first or only property in England, Wales or Northern Ireland, may have to pay the higher rates on this purchase if they own property outside these areas.

Homeowners would be legally obliged to declare non-UK property and would be committing a criminal offence if they omitted to do so.

Given that it is estimated that up to a million Britons own property abroad, the impact would be far-reaching.

It is important to emphasize that this is a consultation and there is still time for you to have your say. The full consultation document is here with responses needing to be emailed to sdltadditionalproperties@hmtreasury.gsi.gov.uk by 1st February.

The second change that will impact the Buy-To-Let and second homes markets comes into effect from April 2019.

At present, the Capital Gains Tax on property is part of the annual Self-Assessment Tax Return with the tax due accordingly.

At the maximum, the Capital Gains Tax due on a second home sold on 6th April 2016 would not be due until 31st January 2018. However, from April 2019, the Capital Gains Tax will be due thirty days after the sale of the property.

Finally, those landlords that rent out furnished property face the abolition of the Wear and Tear allowance from April.

Instead of being able to deduct 10% of the rental income in lieu of the wear and tear on fixtures and fittings, landlords will be entitled to a relief to deduct the costs they actually incur on replacing furnishings, appliances and kitchenware in the property.

The additional revenue to Exchequer is estimated to be £205m in the 2017-18 tax year and, essentially, this is at the cost of those landlords who have recently refitted their property. Indeed, there is little incentive to replace any fixtures and fittings before April.

This may not be the end of the changes with The Financial Times reporting that the Chancellor is looking at enabling the Bank of England to be able to impose curbs on the levels at lenders can offer loans to prospective private landlords.

At CooperFaure, we are currently working with a number of clients with both individual and corporate property portfolios and would be pleased to review your circumstances. Please email us at welcome@cooperfaure.co.uk for an initial, free consultation.

A Guide to Allowable Business Expenses for the Self-Employed

Much like a Limited Company, if you are Self-Employed, either as a Sole Trader or in Partnership, your business will have various allowable business expenses.

These expenses are deducted from your turnover in calculating the taxable profit. Therefore, if the turnover is £60,000 and there re £25,000 of allowable expenses, tax is payable only the remaining £35,000.

The guide is designed to cut through the myth and misunderstanding to explain what is an allowable expense for a Self-Employed business run on traditional accounting methods.

Broadly, the business running costs fall into the following categories:

In addition, capital allowances are available for the purchase of:

Working from Home

Many in Self-Employment work at least part of the time from home. If this is the case, you are entitled to claim a proportion of the costs of:

The key is to find a reasonable method of allocating the business element of these costs.

For example, if your mortgage is £8,000.00 per year and your office and facilities cover 25% of the area of the property, it would be reasonable to claim £2,000.00.

However, if you only work from home for two days a week, this would reduce to £571.42 as two sevenths of the £2,000.00.

For costs that have both a business and personal purposes, you can claim the business element. For instance, if the quarterly landline phone bill is £200.00 and it is used 60% of the time for business, you can claim £120.00.

Purchases for Resale

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Goods for resale (stock) Goods or materials bought for private use
Raw materials Depreciation of equipment
Direct costs of producing goods

 

Advertising and Marketing

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Advertising in newspapers or directories Entertaining customers and suppliers
Advertising online Event hospitality
Bulk mail advertising (mailshots)
Free samples
Website costs

 

Staff Costs

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Employee and staff salaries Carers
Bonuses Domestic Help
Pensions Nannies
Benefits
Agency fees
Subcontractors
Employer’s National Insurance

 

Business Premises

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Rent for business premises Any non-business use of the premises
Business and water rates Costs of buying a business premises
Utility bills
Property insurance
Security
Repairs and maintenance

 

The costs of any structural alterations to install or replace equipment or to replace integral parts of the building would qualify for capital allowances.

 

Vehicle and Travel Costs

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Fuel Non-business driving or travel costs
Repairs and servicing Fines and penalties
Vehicle insurance Travel between home and work
Vehicle licence fees
Parking
Hire charges
Breakdown cover
Train, bus, air and taxi fares
Hotel rooms
Meals on overnight business trips

 

The costs of buying a vehicle for your business would qualify for capital allowances.

Alternatively, you can calculate your car, van or motorcycle expenses using a flat rate for business mileage instead of the actual costs of buying and running your vehicle as follows:

Vehicle Flat rate per mile
Cars and goods vehicles first 10,000 miles 45p
Cars and goods vehicles after 10,000 miles 25p
Motorcycles 24p

 

Office Costs

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Phone, mobile, fax and internet bills Personal use of phones and stationery
Postage
Stationery
Printing
Printer ink and cartridges
Computer software for under 2 year’s use
Computer software licence renewal

 

The costs of buying office equipment and long-term computer software would qualify for capital allowances.

 

Professional Fees

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Legal fees Legal costs of buying property or machinery
Accountancy     (these are claimed as Capital Allowances)
Professional fees Fines, penalties and surcharges
Consultancy fees
Professional indemnity insurance
Public and employer’s liability insurance

 

Finance Costs

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Bank, overdraft and credit card charges
Interest on bank and business loans
Hire purchase interest
Leasing payments
Alternative finance payments

 

Clothing Expenses

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Uniforms Everyday clothing (even if it is bought for work)
Protective clothing needed for your work
Costumes for actors or entertainers

 

Bad Debts

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Unrecoverable debts included in turnover Debts not included in turnover
Debts related to the disposal of fixed assets
Bad debt provisions

 

Subscriptions

ALLOWABLE EXPENSE DISALLOWED EXPENSE
Trade or professional journals Payments to political parties
Trade or professional body membership Gym membership fees
Donations to charity

 

Self-employment turnover and expenses information is recorded and submitted to HMRC as part of the annual personal tax return.

There is no requirement to send proof of expenses with the tax return. However, you must keep proof and records should HMRC request them.

An alternative is to use the ‘Cash Basis’ to work out your income and expenses for your tax return. For full details on this and to see if it would suit your business, please click here.

At CooperFaure, we have helped our clients follow their dreams by making this process as painless as possible. If you would like to discuss your circumstances or have any questions, please contact welcome@cooperfaure.co.uk to arrange an initial free consultation.

Cash Accounting for the Self-Employed

If you are Self-Employed and running a small business, cash basis accounting may suit be a better option rather than traditional accounting.

Under Cash Accounting, you only declare money as it moves in and out of the business. As a result, at the end of the tax year, there will not be any Income Tax due on invoices sent to customers if they have not been paid in the period. However, you cannot claim for expenses unless they have been paid for.

In the following circumstances Cash Accounting would definitely not be the better option:

To qualify for the Cash Accounting scheme, you must run a small Self-Employed business either as a Sole Trader or in Partnership and have an annual turnover of under £82,000.

If you have more than one business, you must use Cash Accounting for all and the combined turnover must be less than £82,000.

However, you stay in the scheme until the total business income exceeds £164,000 per year. Thereafter, you will need to use traditional accounting for your next tax return.

Certain specific types of businesses are not eligible for the scheme:

Cash Accounting started from the 2013-14 tax year onwards. For an existing business to switch from traditional accounting would in all likelihood require some adjustments in the year of change.

Unlike traditional accounting, you claim other equipment you buy to keep and use in your business as a normal allowable business expense rather than as a capital allowance.

For VAT registered businesses, you can record your business income and expenses either excluding or including VAT. However, you must treat both income and expenses the same way.

If you choose to include VAT, you have to record:

If you would like to discuss your whether cash Accounting would suit your circumstances or have any questions, please contact welcome@cooperfaure.co.uk to arrange an initial free consultation.

Buy-To-Let Property and the Changes to Mortgage Interest Tax Relief

The Summer Budget and Autumn Statement contained a quartet of tax changes that will have a massive impact on the on the Buy-To-Let property sector.

In this first of a two-part newsletter series, we look at the impact of the changes in mortgage interest relief announced in the Summer Budget and how running a property portfolio through a Limited Company is now a much more attractive option.

The second newsletter next weekend will look at the impact the changes in Stamp Duty and Capital Gains Tax, the abolition of the Wear and Tear Allowance for furnished properties and what may be around the corner.

The change in mortgage interest relief, which will be phased in between 2017 and 2020, was totally unexpected and implemented without the usual consultation process. Moreover, the new system is complex and, although the stated intention is to prevent Higher Rate tax payers gaining an unfair tax advantage, it could also impact Basic Rate tax payers and lead to a situation where investors will have tax to pay even if their property is making a loss.

Before we look into the mechanics of how this tax change will work, it is noteworthy that a pair of private landlords have raised the monies through crowdfunding to seek a judicial review on the basis that this change runs contrary to “a long-established principle of taxation that expenses incurred wholly and exclusively for the purposes of the business are deductible when calculating the taxable profits”.

As those who followed the judicial review on Accelerated Payment Notices will be aware, these are notoriously difficult to win. Nevertheless, the group has until mid-February to submit their challenge.

Under the change, mortgage interest relief will be phased out over time by being restricted to:

Instead, individuals will be able to claim a basic rate tax reduction from their Income Tax liability on the portion of finance costs not deducted in calculating the profit. In practice this tax reduction will be calculated as 20% of the lower of:

Importantly, this will apply to existing Buy-To-Let properties as well as future purchases.

Taking the example of the two landlords, one a Basic Rate Taxpayer and the other a Higher Rate Tax Payer, who each have property income of £12,000 per year, mortgage interest of £8,000 per year and £2,000 of other allowable costs. The impact would be:

Basic Rate Landlord

 

Mortgage interest disallowed

2016-17 2017-18 2018-19 2019-20 2020-21
25% 50% 75% 100%
Rental income £12,000 £12,000 £12,000 £12,000 £12,000
Mortgage interest £8,000 £8,000 £8,000 £8,000 £8,000
Other costs £2,000 £2,000 £2,000 £2,000 £2,000
Operating Profit £2,000 £2,000 £2,000 £2,000 £2,000
Mortgage interest restriction (£2,000) (£4,000) (£6,000) (£8,000)
Taxable Profit £2,000 £4,000 £6,000 £8,000 £10,000
Tax @ 20% £400 £800 £1,200 £1,600 £2,000
Tax deduction at 20% (£400) (£800) (£1,200) (£1,600)
Total Tax Payable £400 £400 £400 £400 £400
Higher Rate Landlord

 

Mortgage interest disallowed

2016-17 2017-18 2018-19 2019-20 2020-21
25% 50% 75% 100%
Rental income £12,000 £12,000 £12,000 £12,000 £12,000
Mortgage interest £8,000 £8,000 £8,000 £8,000 £8,000
Other costs £2,000 £2,000 £2,000 £2,000 £2,000
Operating Profit £2,000 £2,000 £2,000 £2,000 £2,000
Mortgage interest restriction (£2,000) (£4,000) (£6,000) (£8,000)
Taxable Profit £2,000 £4,000 £6,000 £8,000 £10,000
Tax @ 40% £800 £1,600 £2,400 £3,200 £4,000
Tax deduction at 20% (£400) (£800) (£1,200) (£1,600)
Total Tax Payable £800 £1,200 £1,600 £2,000 £2,400

 

For the Basic Taxpayer there would be no change whilst the Higher Rate taxpayer would see a steady year-on-year increase on their tax due until in 2020-21 the tax would actually exceed the Operating Profit.

As a result, it will be the small property investor with a couple of to Buy-To-Let properties in their overall savings portfolio who will bear the brunt of these changes.

Large companies investing in residential property will be unaffected as will those wealthy landlords investing with cash rather than mortgages.

However, with the extraordinary decision to announce in December that the 3% surcharge in Stamp Duty Land Tax on second homes would come into effect from April 2016, continued low interest rates and the volatility in world stock markets, the demand to invest in property shows no signs of abating.

Instead, landlords are seeking to mitigate the tax increases. For many, using a Limited Company structure is providing a solution. In October 2015, the proportion of Buy-To-Let mortgages advanced to companies was roughly 15% of the total. Now this figure stands at over 30%.

Under a Limited Company, the mortgage interest is classed as a business expense and, therefore, wholly deductible in calculating the Taxable Profit of the business. Corporation Tax is a standard 20% irrespective of the personal tax bands of the shareholders. Indeed, Corporation tax is set to reduce to 19% from April 2017.

At CooperFaure, we are currently working with a number of clients with both individual and corporate property portfolios and would be pleased to review your circumstances. Please email us at welcome@cooperfaure.co.uk for an initial, free consultation.

2016 Changes to Financial Services Compensation Scheme

As of 1st January 2016, the level of protected savings in UK Banks and Building Societies under the Financial Services Compensation Scheme has been reduced. The cap has gone down from £85,000.00 to £75,000.00 per financial institution.

Similarly, the protected savings in joint accounts has been cut from £170,000 to £150,000.

The reason for this change is that this is a European Union rule set at maximum compensation of €100,000.00. Therefore, the British level has been reduced to reflect the growing strength of the pound gaining strength against the euro.

Whilst this seems a simple and straight-forward change, there is some complexity that needs to be understood.

The definition of a financial institution is based on the ‘Firm Reference Number’ held at the Bank of England and multiple brands can be under one reference number.

For example, if you hold £75,000 on deposit with HSBC, any additional monies held at First Direct would not be covered.

Similarly, if you £75,000 on deposit with Lloyds Bank, any additional monies held at Cheltenham & Gloucester would not be covered.

The largest multiple brand group is Bank of Scotland plc which, although now owed by Lloyds Bank plc, has a separate Firm Reference Number. This group comprises of The AA, Bank of Scotland, Birmingham Midshires, Capital Bank, Halifax, Intelligent Finance, Saga and St James’s Place Bank.

As a result, for those with large amounts of money on deposit wishing to spread the risk, this is an important consideration.

The List of Bank and Building Society complied by the Bank of England as at 31st December 2015 can be found here.

A further complication arises if funds are held with foreign banks that operate in the UK such as Handelsbanken from Sweden. For these banks, the level of compensation would be €100,000 converted into sterling determined by the exchange rate at the time.

There is some better news for those depositors with ‘temporary high balances’. These will now be protected for up to £1m for six months from the date the account is first credited with the money. For personal injury compensation the amount is unlimited.

Payments in connection with the following could generate ‘temporary high balances’:

◾Real estate transactions (property purchase, sale proceeds, equity release)

◾Benefits payable under an insurance policy

◾Personal injury compensation

◾Disability or incapacity (state benefits)

◾Claim for compensation for wrongful conviction

◾Claim for compensation for unfair dismissal

◾Redundancy (voluntary or compulsory)

◾Marriage or civil partnership

◾Divorce or dissolution of their civil partnership

◾Benefits payable on retirement

◾Benefits payable on death

◾A claim for compensation in respect of a person’s death

◾Inheritance

◾Proceeds of a deceased’s estate held by their Personal Representative

If you would like to discuss your financial or tax affairs, please email us at welcome@cooperfaure.co.uk for an initial consultation that is free and without obligation.

2015 Autumn Statement – A Grand Illusion?

The Chancellor of the Exchequer has delivered his 2015 Autumn Statement and, overall, it was a case of expected policies that were not announced.

Seemingly, the Treasury has benefited from a windfall of £27bn from the combined effects of higher than anticipated tax receipts and lower debt interest. However, it is worth bearing in mind that this is a change to a forecast made only a few months ago.

The predicted crackdown on personal service companies, the scrapping of Entrepreneurs Relief and the cutback in the police service failed to materialise. Moreover, the much-criticized changes to the tax credit system have largely been dropped.

Contractors working through their own Limited Company have particular reason to celebrate. Due to a well-orchestrated campaign, not only has the draconian idea of forcing them onto the client payroll after a month been shelved but also the restriction on tax relief for travel and subsistence expenses has been watered-down only to relate to those Personal Service Companies where IR35 rules apply.

However, it would be foolhardy to believe that this has gone away for good. The consultation period on the initial discussion document on IR35 reform announced at the Summer Budget ended in September and the official HMRC line is that they are still considering the responses to this.

The overall objective to find a solution that protects the Exchequer and improves fairness remains and we fully expect a policy proposal to be published within the next few months. This does mean that any resulting change is unlikely to come into effect before April 2017 at the earliest.

Key sections of the Autumn Statement addressed the housing market. A new Help to Buy equity loan scheme for London will come into effect from early 2016 offering buyers loans for 40% of the purchase price as opposed to the current 20%.

From April 2016, Help to Buy Shared Ownership will be available to anyone who has a household income of less than £80,000 outside London or £90,000 inside London. Under the scheme, between 25% and 75% of a home can be purchased with the remainder rented with the guarantee that the annual rent will be no more than 3% of the amount left.

For example, 50% of a £250,000 property is purchased under the scheme. The annual rent for the remainder can be no more than £3,750 equating to £312.50 a month.

Again from April 2016, a higher rate of Stamp Duty Land Tax will be charged on the purchase of additional residential properties for more than £40,000. The higher rate will be 3% above the current Stamp Duty Land Tax rates and will apply to buy-to-let properties and second homes.

On many levels, this seems a sensible proposal especially for parts of the country like the West of England where much of the local population are unable to afford to buy houses due to the desirability of second homes.

For a £350,000.00 property, the Stamp Duty for a buy-to-let or second home buyer will be £16,800.00 compared to £7,500.00 for those buying their own home.

However, there has been no consideration made for those commercial buyers looking to renovate and refurbish properties thereby helping to ease the housing shortage. Worse still, announcing that this change comes into effect from next April will surely only serve to drive house prices up further.

There was some good news for small businesses with the Small Business Rate Relief scheme extended for another year. In addition, the uniform business rates regime will be scrapped to empower local councils to cut rates to make their town centres “more attractive to businesses”.

From 2020, local councils will keep money collected from business rates to spend on local services like street repairs, libraries and transport.

The investments in housing, infrastructure and science and technology together with the extension of the number and size of Enterprise Zones all represent a significant boost to the economy.

The concern remains as to whether the seeming end to the age of austerity is based on a grand illusion.

If you would like to discuss how the Autumn Statement will affect you, please email us at welcome@cooperfaure.co.uk.

2015 Autumn Statement – The Main Tax Changes

The Chancellor of the Exchequer delivered his 2015 Spending Review and Autumn Statement today and, from a tax perspective, it more a case of what was not announced.

There was no announcement either on the predicted crackdown on personal service companies or on the restrictions to Entrepreneurs Relief.

Seemingly, the Treasury has benefited from a windfall of £27bn from the combined effects of higher than anticipated tax receipts and lower debt interest.

As a result, there were very few tax measures announced in the Autumn Statement. The main ones being:

Tax credits

The taper rate where a recipient’s award is reduced when their income exceeds the income threshold will remain at 41% of gross income from April 2016.  Similarly, the income threshold will remain unchanged.

Tax Free Childcare

The upper income limit to qualify for Tax Free Childcare will reduce from £150,000 to £100,000 per parent.

Stamp Duty Land Tax (SDLT) on Additional Properties

From April 2016, a higher rate of SDLT will be charged on the purchase of additional residential properties for more than £40,000. The higher rate will be 3% above the current SDLT rates and will apply to buy-to-let properties and second homes.

However, this will not apply to caravans, mobile homes or houseboats and the government will examine whether there should be an exemption for corporate investors.

The government will also consult in 2016 on changes to the SDLT filing and payment process to reduce the window from 30 days to 14 days.

Capital Gains Tax

From April 2019, a payment on account of any Capital Gains Tax due on the disposal of residential property will be required to be made within 30 days of the completion of the disposal.

This will not impact a main dwelling where Private Residence Relief applies and, therefore, there is no tax due.

The government intends to publish draft legislation for consultation on this in 2016.

Tax in the Digital Age

The government is going to invest £1.3 billion aimed to transform HM Revenue and Customs into a world leader in digitally advanced tax administration.

As a result, most businesses, sole traders and landlords will be obliged to keep track of their tax affairs digitally and update HMRC on at least a quarterly basis.

As part of this process, there are undertakings to provide free apps and software that link securely to HMRC systems and to provide support to those who need help using digital technology.

This requirement will not apply to those in PAYE employment or pensioners, unless they have secondary incomes of more than £10,000 per year.

The intention is for the government to issue their plans shortly as a precursor to a full consultation in 2016.

Our detailed review of the Autumn Statement will be published tomorrow. In the meantime, if you would like to discuss how the Autumn Statement will affect you, please email us at welcome@cooperfaure.co.uk.

FAQ – Is it More Tax Efficient to Pay Dividends before the 2016-17 Tax Changes?

A question that we are regularly being asked is ‘given the changes to the taxation of Dividends from the next tax year would it more tax efficient to declare additional Dividends and pay the resulting tax this year?’

There are a couple of considerations that need to be borne in mind:

However, for someone whose income for the current year is at or around the Higher Rate tax band of £42,385, additional Dividends would be taxed at an effective rate of 25.0% this year compared to 32.5% in 2016-17.

The only caveat being that if the total income for the year exceeds £100,000 the entitlement to a Personal Allowance tapers off at a rate of £1.00 for every additional £2.00 of income which would increase the effective tax rate to 35.0%

As a result, for someone with an income of £42,385 and allowing for the tax credit element, the maximum additional Dividend payment should be no more than £51,000.

As an example, for someone with an overall income of £60,000 in the current tax year, if an additional £20,000 of Dividends was declared and paid now, the resulting £5,000 of tax would be due for payment on 31st January 2017.

Similarly, for someone in the Additional Rate tax band, additional Dividends would be taxed at an effective rate of 30.56% this year compared to 38.1% next year.

If you would like any further information, please email us at welcome@cooperfaure.co.uk.

Crackdown on Contractors to Raise £400m a Year – Really?? Do the Maths!

As many of you will have read in articles such as the one published in The Guardian last Friday, the government is examining whether to severely tighten the rules of Personal Service Companies as part of the Autumn Statement on 25th November.

The proposal is understood to oblige a consultant using a Personal Service Company to move onto the payroll of the client if the assignment lasts more than one month.

The Treasury claims that an extra £400m could be raised in tax by a “crack down on the loophole”.

A government source said: “This is about fairness in the tax system. It is just not fair to have people in the same company doing the same jobs paying different levels of tax.”

Ignoring the benefits and entitlements that an employee has over a contractor and the whole raft of additional bureaucracy that this proposal would cause, does the maths add up?

Take the example of two people working on an IT project each earning £90,000 a year where one is an employee and the other is a contractor. The contractor invoices through a Personal Service Company, pays themselves a salary of £8,000 a year, reclaims £6,000 of expenses and draws out the remainder of the available funds in Dividends.

For the current tax year, the total payments to the Treasury break down as follows:

Employee
Gross Salary £90,000.00
Income Tax £25,403.00
Employee’s NI £5,070.80
Net Salary £59,526.20
Employer’s NI £11,307.72
Total Payment to Treasury £41,781.52
Contractor
Revenue £90,000.00
PAYE / NI £0.00
Income Tax – Dividend £7,463.48
Corporation Tax £15,200.00
Remuneration £67,336.53
VAT £15,660.00
Total Payment to Treasury £38,323.48

 

Whilst it is true that the total remuneration of the contractor is more than the employee, surely that is reasonable compensation for the risk of working where the client can terminate the agreement without notice.

In addition, as the Personal Service Company revenue is over £82,000, the company is required to register for VAT. Assuming, the company adopts the Flat Rate Scheme, this brings an additional £15,660.00 to the Treasury.

As a result, in this scenario, the overall difference in revenue to the Treasury in tax year 2015-16 would be £3,458.05. There needs to be over 115,000 contractors earning £90,000 a year to raise £400m.

However, if the same model is applied to the 2016-17 tax year to take into account the changes to the taxation of Dividends that have already been announced, the result is very different:

Employee
Gross Salary £90,000.00
Income Tax £25,200.00
Employee’s NI £4,909.60
Net Salary £59,890.40
Employer’s NI £11,307.72
Total Payment to Treasury £41,417.32
Contractor
Revenue £90,000.00
PAYE / NI £0.00
Income Tax – Dividend £10,635.00
Corporation Tax £15,200.00
Remuneration £64,165.00
VAT £15,660.00
Total Payment to Treasury £41,495.00

 

As it stands, next year the overall revenue to the Treasury from the Personal Service Company would be marginally higher than that from the employee.

As has often been the case before, the facts simply do not support the headline.

The leaking of this proposal two week before the Autumn Statement smacks of the Treasury floating an idea to gauge public reaction.

As a result, it is vital to make your voice heard. You can send a message to your MP via https://www.writetothem.com/ and over the weekend we will be publishing a draft template letter that you can use to write to them.

In the meantime, if you would like any further information, please email us at welcome@cooperfaure.co.uk.