Measures implemented in countries around the world to combat coronavirus will impact the UK residence status of many taxpayers. Many of the tests set out in the Statutory Residence Test (SRT) are based on day counting, with a day in the UK generally being a day on which you are in the UK at midnight. For some of the tests it is possible to ignore days attributable to exceptional circumstances – up to a cap of 60 days per tax year. HMRC typically views exceptional circumstances as being an event outside of the taxpayer's control that prevents them from leaving the UK (although rarely HMRC may accept that a taxpayer outside the UK may return for exceptional circumstances – such as the death/serious illness of a spouse or child). ...

HMRC have issued detailed guidance regarding how the coronavirus job retention scheme will work in practice. How Much is the Grant? Employers can claim: the lower of; 80% of furloughed workers regular wage, or £2,500 per month associated employer NICs on that subsidised wage, and minimum automatic enrolment employer pension contributions on that subsidised wage This gives a maximum grant per employee of £2,804 per month (£2,500 salary + £245 Employer NIC + £59 automatic enrolment pension contribution). For salaried employees; the employee’s actual salary as at 28 February 2020 (excl. commission and bonuses) should be used to calculate the 80%. For employees whose pay varies, the position will depend on the l...

The government has announced a much awaited support package for self-employed individuals and partnership businesses that have suffered a loss of earnings due to COVID-19. Eligible individuals will receive a grant of up to 80% of their average monthly trading profits, up to a cap of £2,500 per month.  Initially the scheme will run for a 3 month period. The scheme will be available to those who meet the following conditions: 2018/19 tax return submitted – if the return has not yet been filed then you must do so by 23 April 2020 Traded in 2019/20 Are trading when they apply (or would be but for COVID-19) Intend to continue trading in 2020/21 Have lost trading/partnership profits due to COVID-19 Either: Tradi...

In this ‘pause from normality’ it is important to keep your tax compliance guard up. The period we are going through is not a ‘tax holiday.’ If the quality of your tax compliance drops, then the existence of Covid-19 will be no excuse for inaccuracies or negligence later down the line when faced with an HMRC enquiry, nor is it likely to be an excuse for late returns unless you become seriously ill. Our advice: Understand the specific tax payment holidays and reliefs that exist through Covid-19 and apply them to the best of your ability. Prepare cash-flows to ensure your Time-to-Pay arrangements agreed with HMRC are realistic and give you and your business time to breathe. Speak with your accountant and tax adviso...

Betting and gambling does not constitute a trading activity, and as such, any winnings are not taxable profits for income tax purposes. Nevertheless, if you make substantial sums of money in betting then care should be taken to ensure that you are able to prove the source of these funds. If betting activities cannot be evidenced, then you run the risk of having these winnings treated as trading profits by HMRC. This is what happened to a successful gambler in the case of Simon McMillan v HMRC (2019). In this case, the cards were stacked in McMillan's favour as he had several credible witnesses who could attest to his gambling activities.  The First-Tier Tribunal accepted his explanations, holding that based on the evidence his substa...

The IR35 anti avoidance provisions are contained in ITEPA 2003. The provisions impose employment taxes on those using a Personal Service Company (PSC) to enter into a contract for services (and thus pay corporation tax on profits) who in practice are engaged under a contract of service (and therefore should pay income tax and NICs on income). Recently, there has been a string of cases involving HMRC challenging well known TV presenters on the basis that they are caught by IR35. The most recent judgement of which was Eamonn Holmes v HMRC (2020). The Facts TV personality Eamonn Holmes set up a PSC in 2001 called Red, White and Green Ltd (RWG). From 2006 onward he has been presenting This Morning on ITV. During this time, RWG has been...

Discussions regarding the development of the HS2 train line have been plagued by controversy and uncertainty. However, with phase 1 of the HS2 line seemingly ploughing full steam ahead from London to Birmingham, one thing is certain: it’s going to be a bumpy ride for the HS2 developers. With homes, businesses, and nature reserves located along the entire proposed line, HS2 has already caused a large amount of disruption. Those who are affected should receive compensation from HS2 for their loss; indeed, some have already received payments of over £1million. The receipt of this HS2 compensation is taxable on the recipient (albeit reliefs may be available). This is something that many of those affected may not be aware of. The tax...

The rules regarding the administration of Capital Gains Tax ("CGT") have been overhauled, with significant changes to the reporting and payment requirements coming in from 6 April 2020. These changes represent a significant acceleration of the tax payment and reporting requirements that currently apply. Current Position Under the current rules, on the disposal of residential property UK residents are required to report the gain/loss and pay the tax due by 31 January following the end of the tax year in which the disposal took place. For example, where a property was sold in the 2019/20 tax year, the gain must be reported and tax paid by 31 January 2021. With this in mind, CGT can become due anywhere between 10 and 22 months f...

The long-awaited independent review of the controversial loan charge has now been published, along with the government's response. These documents provide some much-needed clarity for taxpayers caught up with the charge. Background The 2019 Loan Charge broadly imposes a tax charge on disguised remuneration loans from 1999 that remain outstanding at 5 April 2019, effectively bringing years of disguised remuneration into charge in 2018/19. Therefore, the loan charge had the punitive effect of up to 20 years' tax becoming payable in one year. HMRC argued this was justified as a strong stance needed to be taken against tax avoidance schemes. However, MPs and various action groups have stated the charge was retrospective in nature and ...

Now that 2019 has been brought to a close, the 31 January 2020 deadline for 2018/19 tax returns will soon be upon us. If you have not already submitted your 2018/19 self assessment tax return, you may want to get this underway soon. A £100 late filing penalty will apply where your tax return is up to 3 months late, and further penalties can apply if the tax return remains outstanding after this date. Any tax due should be paid by 31 January 2020 as well, and interest will begin to run on any tax outstanding from this date. A penalty of 5% of the unpaid tax will apply where the payment is not made within 30 days of the above date. If you need assistance with filing your tax return for 2018/19, please contact a member of our team...