Only/Main Residences If you sell a property which is your only residence and has been your only home throughout your period of ownership, you will not be required to pay Capital Gains Tax ("CGT") if a capital gain arises on the disposal. This is because Private Residence Relief ("PRR') is available for the full period of ownership, reducing any chargeable capital gains to nil. This also applies if you own several residences and have elected for one to be your main residence for PRR purposes (please see our previous article Principle Private Residence "PRR" Elections: Your Options for further details of this). Additional Residences Furthermore, if you sell a property which is not your main residence at the date of disposal but...

Companies (small or medium enterprises) that engage in research and development (R&D) activities can claim enhanced expenditure against their corporation tax where the R&D project or projects qualify for R&D tax relief. Complex rules apply in determining whether qualifying R&D has taken place, however a successful claim can bring material tax savings along with a cash injection into the company (where there is a loss). Furthermore, for ongoing R&D projects, claims may be made year on year. Note - large companies may also obtain relief for R&D under the RDEC scheme, however the focus of this article is on the rules applying to small and medium enterprises (SMEs). Rates are based on the 2020/21 UK tax year. Wh...

What is The Statutory Residence Test? The Statutory Residence Test (SRT) was introduced from 6 April 2013, to allow individuals (such as UK expats) to determine their UK tax residence status. Where an individual is a UK tax resident, they are subject to UK tax on their worldwide income and gains. Where they are non-UK tax resident, then broadly, they will only be subject to UK income tax on their UK source income, such as income from UK property, interest from UK bank accounts, dividends from UK companies etc. Specific rules apply for capital gains tax, and in particular on disposals of UK land/property. The Statutory Residence Test – Necessary Steps The SRT is made up of 3 sets of tests, which are considered in order. The...

What is Principle Private Residence “PPR” Relief? If you sell a property which is your only or main residence or has been at some point during your period of ownership, Principle Private Residence (“PPR”) Relief will be available. This means that if a capital gain arises on the sale, PPR will exempt either all or part of the gain from Capital Gains Tax (“CGT”).  PPR elections for individuals with more than one residence   If you have more than one private residence, you can make an election to nominate one of your residences as your PPR. This election must be made within two years of the date that you have a new combination of residences; for example, if you already have one residence and you purchase a second pro...

HMRC has issued "nudge" letters targeting wealthy taxpayers who: have become deemed UK domiciled for tax purposes in the UK (see below); and received a Notice to File a tax return for the 2017/18 tax year, but did not file it despite having submitted returns for 2016/17 and 2018/19. These letters prompt the taxpayer to review their tax position and respond to HMRC either confirming that their tax affairs are in order, or to commence the disclosure process. Over the last couple of years, we have seen "nudge" letters from HMRC asking taxpayers to review their income from rental properties, their offshore assets, income or gains, and the sale of a second home and/or rental property. Deemed Domicile These letters target lon...

The Coronavirus Job Retention Scheme (“CJRS”) has assisted over one million employers since its announcement by Chancellor Rishi Sunak in March 2020. The scheme has been a lifeline for many businesses and the scheme has been extended further until 31 March 2021. Despite this, there has been widespread reports that the CJRS has been targeted by fraudulent claims and claims made in error. Previously speaking in September 2020, Jim Harra, HMRC’s Permanent Secretary, stated to MP’s: “We have made an assumption for the purposes of our planning that the error and fraud rate in this scheme could be between 5% and 10%” ..."That will range from deliberate fraud to error".  Updated Guidance HMRC have recently updated its CJRS...

Stamp Duty Land Tax (SDLT) is payable on the acquisition of land and property over a certain price in England and Northern Ireland. Different taxes apply if the land/property is located in Scotland (Land and Buildings Transaction Tax) or Wales (Land Transaction Tax). The tax payable is calculated using tax bands. Where the price/consideration for a property is higher, portions of the consideration may be subject to SDLT at progressively higher rates of SDLT. As a result of Covid-19, the government has confirmed that the residential rates of SDLT for property transactions between 8 July 2020 and 31 March 2021 are as follows: Property or lease premium or transfer value SDLT rate Up to £500,000 Zero The next £425,000...

Every tax year, a taxpayer is entitled to accrue pension contributions in accordance with their annual allowance (AA). The standard AA currently stands at £40,000 per year, however if you are a “high-income taxpayer” (i.e. adjusted income of £240,000 or more p/a, and threshold income exceeding £200,000 p/a), this AA will be restricted by £1 for every £2 in excess of the £240,000 limit, to a minimum AA of £4,000 (2020/21). These allowances apply across all schemes a taxpayer belongs to and includes all contributions i.e. those made by the taxpayer, their employer and any third party who pays on the taxpayer’s behalf. Where a taxpayer’s contributions exceed the aforementioned AA (whether standard or tapered) they will no lon...

In July 2020, Chancellor Rishi Sunak asked the Office of Tax Simplification (OTS) for a review of the taxation of chargeable gains. This request, compounded with the financial support measures introduced in light of the coronavirus pandemic and the restriction of Entrepreneurs' Relief earlier this year led many tax advisors to speculate whether this would pave the way for increases in Capital Gains Tax (CGT) in the near future. The OTS has published the first of two reports setting out the results of the review, and has suggested (amongst other recommendations) that there should be a greater alignment of income tax and CGT. In other words, the current CGT rates should be effectively doubled. Under the current regime, CGT rates range b...

Boris Johnson addressed the nation last Saturday evening (31.10.20) to confirm a second national lockdown as a result of the failure of the tiered local approach to contain the soaring infection rates of Covid-19. The lockdown calls for restaurants, pubs, gyms and non-essential retail shops to remain closed during the period of the four week national lockdown which commences today (05.11.20) and is due to expire on 2 December 2020. Unlike the first lockdown, schools and universities will remain open. Due to this aforementioned announcement, the Government has also announced further support to help afflicted business and households which can be summarised as follows: Furlough Scheme The Coronavirus Job Retention Scheme (CJRS) or f...