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Newsletter March 2011

This is our last newsletter in the 2010-11 tax year. George Osborne will deliver his second Budget on 23 March 2011 that will set the framework for tax in the UK for 2011-12 and later years. We will be including a summary of the more significant changes in the April newsletter. This edition includes: a roundup of payroll filing issues, an oddity about the VAT Flat Rate Scheme, Tax relief on pension payments after 5 April 2011 and finally a further warning from HMRC regarding bogus emails.

The next newsletter will be published on 6 April 2011.

Garbetts Blog
Getting it right - filing year end payroll returns
Pension contributions protect your fund
Tax Diary March/April 2011
From GFS: End of tax year approaching
Selling a car, watch out for VAT sting
HMRC still suffering from identity theft!

Garbetts Blog

Don't forget to visit our blog for up to date comment, or even better subscribe to it with a aggregator or via the change notification button.

On http://garbetts.blogspot.com/ this month:

- Plumbers Tax Safe Plan
- Disguised remuneration legislation
- HMRC detailed scrutiny of tax cheats
- Barclays Bank at 1% Corporation Tax
- Umbrella providers in difficulty
- HMRC Business Records check initiative


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From GFS: End of tax year approaching

Following on from my last article when I discussed the tax efficiency of the cash and stocks & shares ISA, as with many other investment and pension products, there are contribution limits imposed each tax year and once that tax year has gone, there the risk that opportunities are lost. 

There is a check list available to ensure that you have considered all the tax saving options:

1. Maximise your cash and stocks & shares ISA - £10,200 with a limit on the cash ISA to £5,100

2. Make use of your capital gains tax (CGT) allowance, especially if you have held any shares or unit trusts for a long time and are considering selling them.  Simply work out how much you paid for them, minus any dealing costs; then deduct the sale price, minus any dealing costs.  If the gain is less than £10,100, there will be no capital gains tax to pay.  If the gain is in excess of the allowance, then you will pay 18% capital gains tax.  Otherwise wait until the 6th April and use your new allowance to mop up the remainder

3. From April 2011, the annual allowance for tax-relieved pension savings reduces from £255,000 to £50,000. You will not be affected by this change, regardless of level of income, if you are:

~ self-employed and contribute less than £50,000 a year into your personal pension scheme(s)

~ You are still able to contribute more than £50,000, but there will be an annual allowance charge, which effectively is the loss of pension tax relief on this excess contribution

~ a member of a 'money purchase' workplace pension scheme and the total contributions made by you and your employer together with any contributions you may make to other pension arrangements (such as Additional Voluntary Contributions (AVCs) or private pensions) is less than £50,000

- There will be a three year carry forward rule that allows you to carry forward unused annual allowance from the last three tax years if you have made pension savings in those years. This means if your pension saving is more than £50,000 you still may not have to pay the annual allowance charge.

- The maximum that can be contributed as an employee pension contribution is 100% of your salary and does not include dividend payments.  This can be very restrictive and therefore often the best route is to make an employer contribution and the figures quoted above come into effect.

- You are also allowed to make pension contributions of up to £2,880 for anyone who has no relevant income such as a child or grandchild.  HMRC will add 20% tax relief, making a gross contribution of £3,600.  You can make as many separate contributions (within reason) i.e. if there are four children, the £2,880 into each. 

Article contributed by Graham Legg of Garbetts Financial Strategies - www.garbetts.com/gfs - 01983 527111


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Getting it right - filing year end payroll returns

Pretty well all businesses need to file their year end payroll returns for 2010-11 online.

The Employer Annual Return comprises:

  • a form P14 for every employee
  • a form P35 that summarises the end of year payroll totals.

These returns for 2010-11 must reach HMRC by 19 May 2011. Returns filed after this date may incur a penalty.

There are a few excepted employers, those that can still send in paper returns. They are:

  • employers using a simplified scheme for personal or domestic employees,
  • members of religious societies or orders whose beliefs are incompatible with the use of computers,
  • employers who employ persons to provide care or support services at or from their home - subject to certain conditions,
  • limited companies that need to file solely to confirm CIS deductions suffered, Box 28 on form P35.

Employers should be aware that if they file paper returns for 2010-11, when online filing was required, HMRC may charge a penalty even if the paper filing is within the required filing deadlines.

What if you have no returns to make this year?

If you are registered with HMRC for PAYE purposes they will expect you to make a return. If you had employees in previous tax years but this tax year, 2010-11, you had no employees, you need to notify HMRC that no return is required for 2010-11. If you don't, you will receive unnecessary reminders and possibly penalty notices.

You can let HMRC know:

Have you provided any taxable benefits to employees in the year?

If you have provided any taxable benefits to employees you are also required to file form P11D(b) by 6 July 2011. This form sets out the amount of taxable benefits that apply for the year and any Class 1a National Insurance contributions due.

You are also required to file a form P11D(b) if directors or employees are reimbursed for expenses incurred by them and where the business does not have permission from HMRC to dispense with this requirement.

If you are unsure how to complete these returns, or to apply for a dispensation, please call in good time so we can assist you meeting your filing deadlines and avoiding penalties.


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Selling a car, watch out for VAT sting

If your business accounts for VAT under the flat rate scheme, the sale of a second hand car creates an unwelcome complication - the car must be included in the flat rate takings for the period. This means that although there is no VAT charged on the sale, and no VAT would have been reclaimed on the purchase of the vehicle, the business must account for VAT at their normal flat rate on the proceeds of sale.

Accordingly if you sell a car for £1,000 and your VAT flat rate percentage is 10%, you will have to pay £100 to the VAT man!

If the sale price of the car is considerable, the only possible solution is to exit the flat rate scheme before sale, but this extreme step would only be appropriate if enough cash was at stake. It is not then possible to rejoin the scheme for 12 months.

If you use the flat rate scheme and will be selling a second hand car in the near future please call so that we can examine the best strategy for you.


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Pension contributions protect your fund

From the 5 April 2012 the most you can accumulate in a pension fund will fall from £1.8m to £1.5m - the so-called lifetime allowance.

HMRC have now agreed draft legislation to protect your position if your fund exceeded, or was expected to exceed £1.5m at 5 April 2011.

The proposed protection scheme, known as 'fixed protection', is designed to benefit individuals with pension savings that are already in excess of £1.5 million, or individuals who believe that their pension savings will exceed £1.5 million (by virtue of investment growth only, without making any additional contributions) by the time that they come to take their benefits.

Fixed protection will protect all pension savings up to £1.8 million from the lifetime allowance charge. In effect individuals will be in the same position as they were before these changes. However, fixed protection will only continue to apply where an individual makes no further contributions to any existing defined contribution schemes, or receives no increase in benefit under a defined benefit arrangement above a set level. No new pension arrangements are able to be opened either, unless they are only to receive a transfer of rights.

Fixed protection must be applied for by 5 April 2012, and once given, you will be responsible for advising HMRC if you cease to meet the relevant conditions.


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HMRC still suffering from identity theft!

For those of you uncomfortable with computer jargon phishing is defined in Wikipedia as "a way of attempting to acquire sensitive information such as usernames, passwords and credit card details by masquerading as a trustworthy entity in an electronic communication."

In other words fraudsters are emailing taxpayers and pretending to be HM Revenue & Customs. Some of their antics are becoming quite sophisticated but all are designed to encourage you to part with sensitive personal information; particularly your credit card details!

HMRC have confirmed that they would never email taxpayers about any of the following issues, all of which have been the subject of bogus email campaigns.

  1. A tax rebate
  2. Any request for bank details
  3. Any request for your PayPal details

This is what HMRC have published on their web site:

"HMRC will never send notifications of a tax rebate by email, or ask you to disclose personal or payment information by email.

You should never disclose your personal and/or payment information in reply to an email that may look like it's from HMRC, you may well be revealing your details to a fraudulent website.

If you have received an email claiming to be from HMRC that you suspect may be fraudulent, please forward it to phishing@hmrc.gsi.gov.uk.

However, if you have already given any of your personal information, for example your HMRC User ID, password or National Insurance number, in reply to a suspect email please forward brief details to security.custcon@hmrc.gsi.gov.uk.

Please do not disclose any of your personal details or information in the email report to HMRC. However it would help HMRC to investigate if you would tell us the type(s) of information that you disclosed to the suspect website. For example - I gave my Name, Address, Date of Birth, bank card details, HMRC User ID etc.

HMRC will attempt to provide a response to all HMRC related phishing emails and take action to remove reported websites."


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Tax Diary March/April 2011

1 March 2011 - Due date for corporation tax due for the year ended 31 May 2010.

19 March 2011 - PAYE and NIC deductions due for month ended 5 March 2011. (If you pay your tax electronically the due date is 22 March 2011)

19 March 2011 - Filing deadline for the CIS300 monthly return for the month ended 5 March 2011.

19 March 2011 - CIS tax deducted for the month ended 5 March 2011 is payable by today.

1 April 2011 - Due date for corporation tax due for the year ended 30 June 2010.

19 April 2011 - PAYE and NIC deductions due for month ended 5 April 2011. (If you pay your tax electronically the due date is 22 April 2011)

19 April 2011 - Filing deadline for the CIS300 monthly return for the month ended 5 April 2011.

19 April 2011 - CIS tax deducted for the month ended 5 April 2011 is payable by today.


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DISCLAIMER - 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.


Garbetts,

Arnold House, 2-6 New Road, Brading, Sandown, Isle of Wight, PO36 0DT.

Tel: 01983 400350  Fax: 01983 404016.

Web: www.garbetts.com

Garbetts is a limited company, registered in England & Wales with number 02988424.


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