Blog – HANLEY & CO

Hanley & Co selected to join ‘Handpicked Accountants’

Handpicked Accountants

Hanley & Co Selected As One Of The UK’s Top Accountants

We are delighted to announce that Hanley & Co have been selected to join Handpicked Accountants.

Recently launched by the renowned Begbies Traynor Group, Handpicked Accountants is an online searchable database that aims to connect company directors and small business owners with accountancy firms that they know they can trust. Rather than having to take ‘pot-luck’ with one of the approximately 320,000 accountants in the UK, Handpicked Accountants features only firms which have been thoroughly vetted, often through years of working with the Begbies Traynor Group themselves.

David Tattersall, Head of Client Relations at Handpicked Accountants, said, “Hanley & Co deserves their place in our select list of only about 1,000 Handpicked Accountants, as a result of their dedication to their clients and their emphasis on providing an exceptional level of service at an up-front price. Too many business owners come to us looking for a new accountant after having been surprised by extra charges and unexpected bills. However we can guarantee that this will never happen with Hanley & Co and so we are delighted to be able to welcome them to the Handpicked Accountants family.”

Dean Logan, Partner at Hanley & Co, replied, “Being included in the Handpicked Accountants list is a real honour for us. We have always strived to provide our clients with fair, open and honest advice that they can trust, and our client testimonials show how many happy clients that we have. Whether it is providing accountancy, auditing, bookkeeping, tax advice, support for business start-ups, VAT, payroll and CIS or company formations and services, we ensure that we provide the best possible service for our clients all for a fair and upfront price. Hopefully via our inclusion on the Handpicked Accountants website we will be able to offer this to many new clients too.”

You can view our Manchester listing here and our Blackpool listing here

This month’s Q&As

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Q. My wife has a part time job but doesn’t earn enough to pay tax. Can she get tax relief on contributions made to a pension scheme?

A. Yes, even if you are not earning enough to pay income tax, you still qualify to have tax relief added to any contributions you make to a pension plan. However, the maximum you can pay in is £2,880 a year, or 100% of your earnings, subject to the ‘annual allowance’ restrictions.

Tax relief is added to the contributions at the basic rate of tax (currently 20%), so if you pay in £2,880 net, tax relief of £720 will be added, meaning that the gross contribution into the pension will be £3,600 (£2,880 x 100/80).

Q. I am a qualified doctor and pathologist. I have recently registered for VAT as my turnover has exceeded the current VAT registration limits. In addition to my regular doctor’s practice, which I understand is still exempt for VAT, I also write medical reports for insurance companies. I understand that this service is standard rated. However, I have also recently been requested to carry out post mortems. I am statutorily obliged to carry out this work, but I am paid for it. Should I charge VAT on my invoices for this service?

A. As you state, some services will be taxable or exempt, depending on their primary purpose. This is particularly the case in the area of medical reports and certificates, and in these cases, it is necessary to establish their principal purpose, before liability can be determined. Where the service is principally aimed at the protection, maintenance or restoration of health of the person concerned, the supply is exempt. However, where a medical report is done solely to provide a third party with a necessary element for taking a decision for insurance or legal purposes, the supply is taxable at the standard rate.

Where a doctor is compelled by statute to perform a statutory service and charges a fee for it then the supply is outside the scope of VAT (see VAT Notice 701/57, para 4.13). Under Section 19 of the Coroners Act 1998 a coroner can appoint a doctor (pathologist) to carry out a post mortem if necessary. As this is a statutory requirement and the doctor must provide the service, any payment received will be outside the scope.

Q. I started my own business as a sole trader on 1 December 2016. Although it has been quite a slow start, my profits are slowly going up and I am hopeful that they will continue to rise steadily over the next few years. Should I use 30 November or the tax year-end as my accounting year-end?

A. As a general rule of thumb, choosing a year-end earlier in the year, will generally give a business longer to pay its annual tax bill. This, in turn, can help considerably with the business cash-flow.

Taxpayers are generally required to make two equal payments of their income tax liabilities (including any Class 2 and Class 4 NIC liability) on account:

– by 31 January in the tax year; and
– by 31 July following the tax year,

based on the total income tax payable directly in the previous tax year.

The balance, together with any capital gains tax, is normally payable (or repayable) by 31 January after the tax year.

SDLT on second property

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Stamp Duty Land Tax (SDLT) is payable on the purchase of residential property in increasing portions of the property price above £125,000.

Current rates of SDLT on individual and additional properties are as follows:

– Purchase price up to £125,000 – SDLT rate Zero; additional property rate 3%
– The next £125,000 (portion from £125,001 to £250,000) – SDLT rate 2%; additional property rate 5%
– The next £675,000 (portion from £250,000 to £925,000) – SDLT rate 5%; additional property rate 8%
– The next £575,000 (portion from £925,000 to £1.5m) – SDLT rate 10%; additional property rate 13%
– The remaining amount (portion above £1.5m) – SDLT rate 12%; additional property rate 15%

Note that SDLT no longer applies in Scotland, where a Land and Buildings Transaction Tax (LBTT) is charged instead.

Additional property

A higher rate of SDLT will be charged on purchases of additional residential property which completed on or after 1 April 2016.

If contracts were exchanged after 25 November 2015, then the higher rates apply if the purchase was completed on or after 1 April 2016. However, if contracts were exchanged on or before 25 November 2015 but not completed until on or after 1 April 2016, the higher rates will not apply.

The amount of the additional charge will be 3% on top of the normal SDLT charge.

Example

Leo buys a second residential property on 25 July 2017 costing £300,000. This transaction will attract SDLT as follows:

£125,000 x 3% = £3,750

£125,000 x 5% = £6,250

£50,000 x 8% = £4,000

Total SDLT due £14,000

Broadly, the higher rates will not apply if at the end of the day of the transaction an individual owns only one residential property, irrespective of the intended use of the property.

If a main home is sold after a new home is purchased, the higher rate will be payable. However, a refund can be obtained is the old home is sold within three years of buying the new one.

Exceptions 

The higher rates are not payable on the purchase of a new property if the chargeable consideration is less than £40,000.

In addition, the charge is not payable where:

– someone else holds a lease on the property with more than 21 years to run;
– a lease is purchased that has less than 7 years to run.

The higher rates will not be applicable if an individual’s other residential properties meet either of the two criteria above, or each have a value of less than £40,000 when the new property is purchased.

Finally, the higher rates will not apply to purchase of mobile homes, caravans or house boats; or to purpose built student accommodation.

Voluntary NICs

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There are various reasons as to why gaps may arise in an individual’s national insurance contributions (NIC) record, for example, because that person has been on low earnings for several years, they have been living abroad, or because they have been unemployed and have not been claiming benefits. In certain circumstances therefore, it may be possible, and beneficial, to pay voluntary Class 3 National Insurance Contributions (NICs) as this can safeguard entitlement to a future state retirement pension and certain other state benefits.

Broadly, voluntary contributions may be paid for any tax year in which the individual is aged over 16 and is:

– employed, but not liable to pay Class 1 and/or Class 2 contributions (because earnings are too low to qualify for paying NICs);
– excepted from paying Class 2 contributions (because earnings from self-employment have not reached the entitlement threshold);
– not working;
– resident in the UK but living or working on secondment abroad; or
– self-employed.

An individual may get national insurance credits if there are unable to work, entitled to certain benefits, or in other specific circumstances, for example being on an approved training course or attending jury service. In addition, someone who cares for a child, or a sick or disabled person, payment of Home Responsibilities Protection (HRP) may cover gaps in a NIC record.

Topping up 

Class 3 NICs are voluntary, so if a gap in contributions is discovered, the choice of whether to make good the shortfall is entirely up to the individual concerned. However, if the individual wishes to obtain full entitlement to benefits such as the state pension, contributions should be topped up in good time.

Voluntary contributions are payable at the rate of £14.25 per week for 2017/18. There are two main ways of paying Class 3 NICs:

– monthly: by direct debit – download application form CA5603 from the GOV.uk website;
– quarterly: HMRC will issue a bill every 13 weeks (if the individual lives in the UK), which can be paid at a bank, Post Office, or by Girobank.

Generally, the shortfall must be made up within six years. For example, Class 3 contributions for the 2011/12 year would need to be paid by 5 April 2018. Whilst the contributions do not need to be made until that date, the rate may increase, so it may be cheaper to do it sooner rather than later.

A self-employed individual may be exempt from paying Class 2 contributions because their income is below the small profits threshold (£6,025 for 2017/18), but he or she can currently pay voluntary Class 2 contributions to maintain their NIC record. These amounts are considerably cheaper than Class 3 contributions (the rate for 2017/18 is £2.85 per week) and they protect entitlement to more benefits. Class 2 NICs will be abolished from April 2018, so it may be worth checking NIC records before then.

In certain circumstances it is possible to pay up to an additional six years of voluntary Class 3 NICs to enhance entitlement to a basic state retirement pension. This is over and above those allowed under the usual time limits outlined above. See the GOV.uk website for further details.

This Month’s Q&As

Q. Can I give my house to my children and continue to live in it and avoid inheritance tax?

A. It may be possible if you pay a full market rent for your home, but if you do this, then your children will have to pay income tax on the rent they receive. Capital gains tax may also be payable at some time in the future if they sell the house. The new inheritance tax residence nil rate band (RNRB), which is being phased in from April 2017 over a 4-year period, is designed to help people in your position to pass on the family home to children or grand- children, tax-free after their death. HMRC’s guidance Inheritance tax: additional threshold (RNRB) provides further information. Always seek professional advice before entering into any arrangement where the main purpose, or one of the main purposes, is to obtain a tax advantage.

Q. I am thinking of selling a property that I have owned and rented out for the last ten years, and once it is sold, I will reinvest the proceeds in another property. Will I have to pay capital gains tax on the proceeds from the sale even if all the money is reinvested in another property that is also let?

A. Yes, you will be liable to capital gains tax on the gain arising on the sale, even though you will be reinvesting the money in another property that is also let. Rollover relief is available for residential investment property only in relation to qualifying furnished holiday lettings, and for compulsory purchases.

Q. I lent my brother some money, which I borrowed from my company, for him to use in his business. He is paying it back in monthly instalments over three years. What are the tax implications of this loan?

A. I presume that you are a director and a substantial shareholder of the limited company. I also presume that the company lent the money on an interest-free basis.

The tax implications for the company are that the loan is deemed to have been made to an associate of a participator in the company, and as such, it will be caught by what are commonly referred to as the ‘section 455 rules’. Broadly, these rules mean that the company will have to pay tax at 32.5% on the amount of the loan outstanding nine months after the accounting year end of the company. When the loan has subsequently been repaid to the company, HMRC will refund the tax paid.

There is an exception to this, namely where a loan does not exceed £15,000, but only when the shareholder does not own more than 5% of the shares.

If a relative of an employee receives an interest-free loan from an employer, this will be a benefit-in-kind for the employee. Interest at the ‘official rate’ (currently 3%) is calculated, and this deemed interest is subject to tax. However, there are exceptions to this tax charge where:

– the loan is a ‘qualifying loan’;
– a qualifying or non-qualifying loan is less than £10,000; and
– the employee can show that they received no benefit from the loan to the relative.

As your brother used the loan for business purposes, it should be a qualifying loan because ‘the interest would be deductible in computing the borrower’s profit from a trade’ (HMRC Employment Income Manual, paragraph EIM26136). With regard to the ‘no benefit received from a loan to a relative’, HMRC are generally reluctant to apply this when the employee is a director who controls the company.

New State Pension and contracted out NICs

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Most people will be aware that the state retirement pension system has changed for people who reach state pension age on or after 6 April 2016 – that is men born after 5 April 1951 and women born after 5 April 1953. The full new state pension is currently £159.55 per week, but the amount that employees who have previously paid National Insurance contributions (NIC) at the contracted-out rate may be affected under the new system. The introduction of the new state pension from 6 April 2016 brought an end to the contracting-out rules.

In very broad terms, to qualify for the minimum amount of state pension an individual needs 10 years of NIC contributions. 35 years or contributions or credits will be needed to qualify for the full amount.

For those people who were already in the workforce at April 2016, transitional arrangements were put in place which means that everyone will be assessed for a ‘starting amount’ under the new system. Using the number of qualifying years on the individual’s National Insurance record as at 5 April 2016, their ‘starting amount’ will be the higher of either:

– the amount they would get under the old state pension, or
– the amount they would get if the new state pension had been in place at the start of their working life.

Both amounts will reflect any periods when they have been contracted out of the additional state pension.

The rules governing contracting out and new state pension are complex, but broadly, if an individual has a ‘starting amount’ of less than the full amount of new state pension, then for each ‘qualifying year’, a certain amount is added to their National Insurance record after 5 April 2016. This equates to around £4.56 a week, (£159.55/35). This amount will be added to the person’s ‘starting amount’, until they reach the full amount of the new state pension, or they reach state pension age, whichever happens first.

For some people it is possible to have a starting amount higher than the full new state pension if they have some ‘additional’ state pension. The difference between the full new state pension and their ‘starting amount’ is called a ‘protected payment’. Those who have a ‘starting amount’ which is equal to the full new state pension will get the full new state pension when they reach state pension age. Before the new state pension was introduces, state retirement pension was made of two parts, namely:

– basic state pension, and
– additional state pension, often referred to as state second pension or SERPS (State Earnings-Related Pension Scheme).

If an individual was in what is known as a defined benefit company pension scheme – where what they are paid in retirement is related to salary – they are likely to have been ‘contracted out’ of the additional state pension. This means that they would have paid a lower rate of NICs and will have earned replacement pension benefits in an employer scheme or a personal pension.

Despite having what they thought were 35 years of qualifying years, they will not necessarily get the full amount of new state pension – although entitlement can be improved by paying contributions after 5 April 2016. The Government has advised that while someone in this situation will get less than the full amount, retirees will still be paid at least what they would have got under the old state pension.

Rent A Room

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Although Budget 2017 announced that the Government intends to review the rent-a-room scheme, it currently remains a tax-efficient way of letting out a spare room. Broadly, HMRC’s rent-a-room scheme is an optional exemption scheme, which allows individuals to receive up to £7,500 of tax-free gross income (income before expenses) from renting out spare rooms in their only or main home. The exemption is halved where the income is shared with a partner or someone else. Broadly, as long as income is below the annual threshold, it does not need to be reported to HMRC. If income exceeds the threshold, it needs to be reported to HMRC via the self-assessment system.

In order to qualify under the rent-a-room scheme, the accommodation must be furnished and a lodger can occupy a single room or an entire floor of the house. However, the scheme doesn’t apply if the house is converted into separate flats that are rented out. The scheme cannot be used if the accommodation is in a UK home which is let whilst the landlord lives abroad.

The rent-a-room tax break does not apply where part of a home is let as an office or other business premises. The relief only covers the circumstance where payments are made for the use of living accommodation.

Sometimes additional services are provided, for example, cleaning and laundry. The payments for such services must be added to the rent to work out the total receipts. If income exceeds £7,500 a year in total, a liability to tax will arise, even if the rent itself is less than that.

Accounting for tax

Where the annual threshold is exceeded, there are two options available:

– the first £7,500 is counted as the tax-free allowance and income tax is paid on the remaining income; or
– the landlord opts to treat the renting of the room as a normal rental business, working out a profit and loss account using the normal income and expenditure rules.

In most cases, the first option will be more advantageous. The principal point to bear in mind is that those using the rent-a-room scheme cannot claim any expenses relating to the letting (e.g. insurance, repairs, heating).

To work out whether it is preferable to join the scheme, the following methods of calculation should be compared:

– Method A: paying tax on the profit from letting worked out in the normal way for a rental business (i.e. rents received less expenses).
– Method B: paying tax on the gross amount of receipts (including receipts for any related services they provide) less the £7,500 exemption limit.

Method A applies automatically unless the taxpayer tells their tax office within the time limit that they want method B.

Once a taxpayer has elected for method B, it continues to apply in the future until they tell HMRC they want method A. The taxpayer may want to switch methods where the taxable profit is less under method A, or where expenses are more than the rents (so there is a loss).

Example

During 2016/17, Flo lets out a room in her home. She receives total income of £11,000 (£10,800 rent plus £200 towards bills). She incurs expenses of £3,000. If she uses method A to calculate her tax liability she will pay tax on £8,000 (£11,000 less £3,000). If she uses method B, she will pay tax on £3,500 (£11,000 less £7,500). Flo is better off using method B.

Even though the tax rules for the rent-a-room scheme are different to the general property income tax rules, a resident landlord will still have certain responsibilities towards tenants, particularly in relation to safety. For further information, see the GOV.UK website at https://www.gov.uk/rent-room-in-your-home.

Working From Home

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Over recent years, it has become increasingly popular for employers to allow their employees to work from home, and in doing so, pay an amount to cover any additional household costs incurred. What are the tax implications of such expenses for the employee?

Broadly, no tax liability will arise where an employer makes a payment to an employee for reasonable additional household expenses, which the employee incurs in carrying out duties of the employment at home under ‘homeworking arrangements’.

‘Homeworking arrangements’ are arrangements between the employee and the employer under which the employee regularly performs some or all of the duties of the employment at home. There is no requirement for any part of the employee’s home to be used exclusively for the purposes of the employment – in fact, if any part of the home is used exclusively for work, problems could arise on the future sale of the house as part of the capital gains tax exemption on private residences may be lost.

HMRC have stated that they will accept that homeworking arrangements exist where:

– there are arrangements between the employer and the employee; and
– the employee works at home regularly under those arrangements.

The HMRC guidance also advises that:

‘the arrangements need not be in writing but usually will be. They do not need to apply to all employees. The exemption does not apply where an employee works at home informally and not by arrangement with the employer. For example, it will not apply where an employee simply takes work home in the evenings. It applies where an employee works at home by arrangement with the employer instead of working on the employer’s premises.’

HMRC accept that the ‘regularly’ condition is met if working at home is frequent or follows a pattern. The fact that the days spent at home vary from week to week is not a bar to claiming the exemption.

‘Household expenses’ are defined as expenses connected with the day-to-day running of the employee’s home. The exemption applies to additional household expenses, and HMRC have given the following guidance:

‘Typically this will include the additional costs of heating and lighting the work area or the metered cost of increased water use. There might also be increased charges for Internet access, home contents insurance or business telephone calls. Where working at home leads to a liability for business rates the additional cost incurred can also be included.

The additional household costs must be reasonable and must be incurred in carrying out the duties. This excludes costs that would be the same whether or not the employee works at home, for example mortgage interest, rent, council tax or water rates. It also excludes expenses that put the employee into a position to work at home, for example building alterations or the cost of furniture or office equipment.’

Amount of exemption

To minimise the need for record-keeping, employers can pay up to £4 per week (£208 per year) without supporting evidence of the costs the employee has incurred. If an employer pays more than that amount, the exemption will still be available but the employer must provide supporting evidence that the payment is wholly in respect of additional household expenses incurred by the employee in carrying out his duties at home.

If an employer wishes to pay more than the guideline rate per week tax-free, then it is recommended that the employer should agree in advance with HMRC a scale rate. Failing that, records will need to be kept of the actual additional costs incurred by each employee.

IHT – NIL rate band

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From April 2017, each individual spouse or civil partner will be offered a residence nil rate band (RNRB), which is designed to help pass on a home to ‘direct descendants’, including children or grandchildren, tax-free after their death. The rules governing the inheritance tax (IHT) nil rate band are complex and it is always recommended that prior professional advice is considered.

Phasing in of RNRB

The RNRB is being phased in over a four-year period as follows:

– £100,000 in 2017-2018 – £125,000 in 2018-2019 – £150,000 in 2019-2020 – £175,000 in 2020-2021

Broadly, the new RNRB will be added to the existing £325,000 IHT threshold, meaning the total tax-free allowance for a surviving spouse or civil partner will be up to £850,000 in 2017-18, and up to £1 million in 2020-21.

For the purposes of the new nil-rate band, ‘direct descendants’ include the spouse or civil partner, children, step children, adopted children, foster children, and any lineal descendants.

The property in question must be a ‘qualifying residence’. This means it must be a property where a person held an interest and had occupied the property as their residence at some point. HMRC may require evidence of this, so it is essential to maintain proper records to help substantiate a claim. Where a person has more than one property, an election can be made so that the exemption is offset. For the purpose of the exemption, there is no requirement for the property to be the main residence at death.

Tapering

The new allowance will be tapered away from those leaving an estate of more than £2 million, so that those leaving more than £2.35m will not benefit from it.

For estates (broadly, assets less liabilities) exceeding £2 million, the RNRB (£100,000 for 2017-18) is reduced by £1 for every £2 over the £2 million threshold. The effect of tapering is an extremely important planning point, particularly where the whole of an estate is being left to a surviving spouse or civil partner – whilst no IHT will be charged on first death, the amount of RNRB that may subsequently be transferred to the surviving person may be affected by the taper.

If there is no qualifying residence or the residence is left to someone who is not a direct descendant, upon the first death of one spouse or civil partner, the RNRB will not be available. However, the surviving spouse or civil partner may be able to benefit from the unused RNRB when they subsequently die. On the death of the surviving spouse or civil partner, they will be entitled to two times the RNRB. Note that for this to happen, a claim would need to be made within two years of the death of the second spouse or civil partner.

There is an additional benefit to this exemption which will naturally affect a number of people whom in their old age may wish to, or require to, either downsize or dispose of their residence (move in with family or into a care home). Provided that the sale of the property occurred on or after 8 July 2015, the RNRB will not be lost. Instead, the exemption can be maintained and used against either the remaining value of their smaller residence or equivalent value of assets (provided it has been left to a direct descendant).

In the event that the property was given away, the RNRB can be available, provided the gift was made on or after 8 July 2015, and assets of a similar value have been left to a direct descendant.

The calculations for the RNRB where a residence has been downsized, sold, or gifted are extremely complex and careful planning is required to ensure the exemption is not lost. It is extremely important that proper records of sales and/or purchases of residential property are maintained.

Pension lump sums

I reached state retirement age in March 2016 but deferred receiving my state pension for 12 months. I have been informed that I can now take a lump sum in addition to my regular state pension. Is the lump sum taxable?

The lump sum is taxed as income. In simple terms, the rate of tax that applies to the lump sum will be the highest rate that applies to your other income for that tax year. This means that:

– if you are not liable to tax for that tax year on your other income, ignoring any deductions from that income for the marriage allowance or married couple’s allowance, no tax should be deducted from any state pension lump sum you receive;
– if you are liable to income tax, you will pay tax at one of the following rates: – 20% – where taxable income does not exceed the basic rate limit (£33,500 for 2017/18);

– 40% – where taxable income exceeds the basic rate limit but does not exceed the additional rate limit of £150,000; or
– 45% – where taxable income is over £150,000.

When working out what rate of tax you should pay on any state pension lump sum, the special rates that are used to tax savings income and dividend income falling within the basic rate band – the 0% starting rate for savings, savings and dividend nil rates (personal savings and dividend allowances), are ignored. So if all your other income falls within the basic rate band of tax, you will pay tax at 20% on your state pension lump sum.

Similarly if you are a higher rate taxpayer, you will pay tax at the rate of 40% on your state pension lump sum. This will also be the case if you have dividend income that is chargeable to tax at the rate of 32.5%.

If you are an additional rate taxpayer, that is, you pay income tax at the rate of 45% (or 38.1% on dividends), you will pay tax at the rate of 45% on your state pension lump sum.