Garbetts
Newsletter July 2005
Garbetts
Newsletter July 2005
Tax News
Introduction

Inheritance Tax, Pension Funds and the Family Home

New VAT Invoicing Rules

Incorporating your Business - How to use Pre-incorporation losses

Capital Gains Tax Trap - Giving Away Shares

Tax Diary July/August 2005

Summing Up

Click to visit our web site
Introduction

A selection of tax saving ideas this month, including a discussion of the possibilities for transferring your home into your pension fund!



Payroll Giving

This one hasn't received a lot of publicity, but is quite a generous scheme for employers and charities.

If you employ staff (and if you are a company that includes the company directors) then you are eligible to set up a payroll giving scheme for charitable donations.

If you do this before December 2006 then you will get a grant of £300 for doing so! 

Also the first £10 of each employees monthly donations will be matched pound for pound by the government.  That's up to £60 to the charity of your employees choice.

The costs to your company?  A small administration charge to your company and some administration time.  The scheme has to be registered via a Payroll Giving Agency, and there is a list of PGAs on the www site below.  From a quick look, http://www.payrollgivinggrants.org.uk/ seems the cheapest (we have no connection with them).

Visit http://www.payrollgivinggrants.org.uk/ for more information and to sign up.
 





Seminars coming up

Next tax year, 2006/07, will see some major changes in two specific areas of the tax system.

First, there are major revisions to the Construction Industry Scheme (CIS) scheme coming up.  This will impact any business in the construction industry - builders, developers, electricians, plumbers,  carpenters, maybe even gardeners and cleaners!  We will be running some seminars in the autumn time covering this, and if your business could be affected we would recommend you register to attend.  We'll send an invite to clients nearer the time, but if you are not a client of ours please contact our marketing manager Jennie Lewis (jennie.lewis@garbetts.com) to register. 

Secondly, there are major changes coming up to the pensions regime.  Its billed as "simplification" but if you come along to our seminar you may take issue with this!  Again, we'll send an invite to clients nearer the time, but if you are not a client of ours please contact our marketing manager Jennie Lewis (jennie.lewis@garbetts.com) to register. 

In both cases the seminars are open to all, so please invite your friends.





Arnold House Annexe

11 August 2005 sees the official opening of the Arnold House annexe, by our local MP Andrew Turner, doubling the size of our office facilities.

If you would like to join us on 11 August, please let our reception know for catering.  The ceremony is at 1pm followed by a buffet lunch.

 

 





Garbetts.com

Don't forget to keep an eye on garbetts.com, our www site, where you can find a selection of tools and briefings to help you with your accounts and taxes.

For clients running personal service companies (PSCs), our PSC microsite at www.garbetts.com/psc is an invaluable source of information.

For other clients our downloads sections has all sorts of briefings on useful topics.  You can also find out more about our tax enquiry insurance schemes at www.garbetts.com/insurance, and find out more about the firm and its staff at www.garbetts.com/corporate.

Click on http://www.enabledsites.co.uk/bizziworld/email2/www.garbetts.com today!





Inheritance Tax, Pension Funds and the Family Home

After 5 April 2006, you will be able to sell your family home to your pension scheme and various scenarios are then possible with regard to tax planning.

Some of the planning points to be aware of are:

  1. Lump sum benefits on death can be written in trust - benefits are then outside the estate of the deceased person. If death occurs before age 75 and before pension benefits are drawn the total death benefit (including the family home if sold to the fund) can be paid to the beneficiaries IHT free. On death before age 75, having drawn pension benefits (by way of income drawdown), a 35% tax charge will be made on lump sums paid to the family - this is a small reduction on the 40% inheritance tax that would have otherwise been due. For death after age 75, the tax position is not yet clear.
  2. You will need to sell your home to the pension fund at market value.
  3. You will need to pay a market rent to the pension fund if you continue to live in the house - otherwise a tax charge will arise based on the deemed benefit. You may consider that this rent payment is another way to transfer regular amounts out of your estate for IHT purposes. The rent payment will also be excluded from calculations of contribution levels to the scheme.
  4. The sale of the home to the pension fund could generate a large, tax free sum of cash for the owner, and fund settlement of any outstanding mortgage. (A sale of your principal private residence is generally free of tax - although liabilities may arise if you have not lived in the property for the entire period of ownership.) The lump sum could then be gifted and after 7 years all potential IHT liability will have disappeared.

There is no doubt that the relaxation in favour of investment in residential property, by pension funds, will open up an increasing number of tax opportunities. There is also no doubt that this is not a decision to make lightly - many other issues, including tax planning, should be taken into account.

The complexity of these arrangements mean that related paperwork must be correct and clear, and for this you may need our advice. We shall be happy to discuss any issues arising from inheritance tax scenarios if you believe they will benefit you or your family.





New VAT Invoicing Rules

A Reminder of the changes to VAT invoicing that came into effect on January 1st 2004.  From 31 December 2004, these changes have become mandatory, and all businesses must ensure that they follow them.

Your sales invoicing must observe the following changes:

  • Unit price MUST be shown on VAT invoice.
  • You may dispense with showing type of supply or different rates of VAT if you wish to do so.
  • The limit for simplified retailers invoices is raised from £100 to £250 including VAT.
  • Fewer items need to be shown in sterling.
  • You no longer need approval to self-bill provided you meet regulations.
  • There are also clearer rules to encourage electronic invoicing.

If you are at all unsure if your sales invoices comply with the new regulations send us a copy and we will advise.





Incorporating your Business - How to use Pre-incorporation losses

Offsetting Trading Losses

If you are currently managing an unincorporated business with unrelieved trading losses you can only take advantages of these losses if future profits arise from the same trade. These losses are not available to set against other income unless arising in the year the losses occur or the previous year.

So what can you do?

If you have other business interests that are profitable, you could consider the following:

  1. Transfer the loss making, unincorporated business to an existing limited company that you own. You must transfer the trade in exchange for shares. The actual tax losses cannot be transferred direct to the limited company, BUT, you can claim to have the losses set off against any income you may receive from the company. i.e. your salary, rents and dividends. In this way you can effectively convert your trading losses into tax reductions!
  2. Another interesting possibility is if you run two unincorporated businesses, one of which has accumulated unrelieved losses and the other is profitable. What you could consider is transferring both trades to the same limited company, again in exchange for shares. In this way any income generated by the profitable trade can be paid to you as salary and/or dividends, and you can then elect to have the accrued losses prior to incorporation set off as in the previous example.




Capital Gains Tax Trap - Giving Away Shares

Watch out for this one!

If you are considering giving away shares in your unquoted trading company then make sure you time the gift carefully. 

The following points should be considered:

  • if you have held the shares for more than two years you may qualify for maximum taper relief when you dispose of the shares.
  • when you make the gift the chances are you can elect to holdover any gain on disposal, however the held over gain is the gain BEFORE taper relief
  • the recipient of the shares must hold them for two years before qualifying for the maximum rate of taper relief.

If therefore the recipient intends to sell the shares during the first two years, post the gift, his or her taper relief would be restricted. The resultant capital gains tax bill will be higher than it need be - your generosity may bear a hidden cost!





Tax Diary July/August 2005

1 July 2005 - Due date for corporation tax due for the year ending 30 September 2004.

6 July 2005 - Ensure forms P11D(b), P9D and P11D are submitted to the Revenue.

19 July 2005 - PAYE and NIC deductions due for month ending 5 July 2005. (If you pay your tax electronically the due date is 22 July 2005)

19 July 2005 - Employers Class 1A National Insurance is due for payment, year to 5 April 2005

31 July 2005 - Second payment on account due for self-assessment tax 2004-2005.

1 August 2005 - Due date for corporation tax for the year ending 31 October 2004.

19 August 2005 - PAYE and NIC deductions due for month ending 5 August 2005. (If you pay your tax electronically the due date is 22 August 2005)





Summing Up

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Summing Up - PLEASE NOTE: The ideas shared with you in this email are intended to inform rather than advise. Taxpayers circumstances do vary and if you feel that tax strategies we have outlined may be beneficial it is important that you contact us before implementation. If you do or do not take action as a result of reading this newsletter, before receiving our written endorsement, we will accept no responsibility for any financial loss incurred.





Contact Details

If you would like further advice or assistance on issues in this newsletter, then please speak to your manager contact at Garbetts, or, if you're not already a client of ours, drop us an e-mail to office@garbetts.com.  All off our staff can be e-mailed using firstname.lastname@garbetts.com.  If you'd like to contact us by phone, our reception is open 9-5 M to F on 01983 400350, or 0193 614195 for urgent out of hours matters.




Garbetts, Arnold House, 2-6 New Road, Brading, Sandown, Isle of Wight, PO36 0DT. Tel: 01983 400350 Fax: 01983 400568. Web: www.garbetts.com. Garbetts is a limited company, registered for VAT under reference 2988424. The Principal of the firm is a member of the Association of Chartered Certified Accountants (ACCA). This body has its headquarters in the UK and its rules of professional conduct can be obtained from its web site. Garbetts are authorised to act as statutory auditors by the ACCA.

Other News
Payroll Giving

Seminars coming up

Arnold House Annexe

Garbetts.com

Contact Details