Back in September 2021, the UK government’s first Autumn Budget in three years suggested that there would be no new Inheritance Tax (IHT) reforms and minimal Capital Gains Tax (CGT) reforms.

Following the second Tax and Administration Maintenance Day of 2021, on 30th November, the government responded to reviews of the tax system by the Office of Tax Simplification (OTS).

In a letter addressing the recommendations for updating Capital Gains Tax (CGT) and Inheritance Tax (IHT), the UK government accepted several CGT changes, and upheld an earlier objective to amend the Excepted Estates regulations for estates that are exempt from IHT from January 2022.

Read on to learn more about the new rules for CGT and IHT, and when they come into effect.

How is IHT changing in 2022?

While the OTS made 11 recommendations for IHT
reforms, the government decided not to pursue them, as the IHT threshold
is already frozen at £325,000 until 2025-2026. While the IHT interest rate is increasing from 2.6% to 2.75% from 4th January 2022, the Inheritance Tax rate itself is staying the same. This means that the standard 40% tax still applies for any inheritance valued above £325,000.

However, the government announced its intention to change the IHT reporting rules for non-paying estates earlier, in March 2021. The Excepted Estates Amendment applies from 1st January 2022. Previously, you had to notify HMRC when inheriting an estate, even if its value was below £325,000.

The amended rules should ease this administrative burden, as grieving families in this situation will no longer need to submit an IHT
form to gain probate or confirmation. If the estate value is less than the threshold for owing IHT, the beneficiary will only need to provide the estate value information directly on the probate or confirmation form, which they can calculate using the IHT Checker tool.

More estates held in trust should now find themselves exempt from IHT, as the limits for chargeable properties and aggregated transfers are increasing from £150,000 to £250,000. The gross estate limit is also increasing from £1 million to £3 million (though not for trust assets that pass to a spouse or charity). These increases only apply if the deceased person had their permanent home in the UK.

Additionally, the ‘prescribed period’ of IHT liability
is increasing from 1st January 2022 to bring the rest of the UK in line with Scotland’s practices. UK court services previously had 1 week from issuing probate or confirmation to notify HMRC, but this is now extended to 30 days. Rather than 35 days, HMRC will now have 60 days to investigate the estate before discharging it from IHT liabilities.

How is CGT changing in 2022?

The OTS had 14 recommendations for Capital Gains Tax reform, of which the government only accepted 5. However, a further 5 are under review and may be considered for implementation in the future. Here’s a breakdown of what the government accepted, put on hold, and rejected for CGT:

Accepted CGT reforms

• ✓ Implementing a CGT deadline extension for reports and payments (from 30 days to 60 days)
• ✓ Eventually introducing a Single Customer Account for reporting and paying CGT
• ✓ Possibly extending the ‘no gain no loss’ window for divorce (consultation expected)
• ✓ Potentially expanding Rollover Relief for investments in property acquired via Compulsory Purchase Order
• ✓ Improving guidance on Enterprise Investment Schemes and UK Property Tax Return Business Asset Disposal Relief
• ? Formalising administration for a Capital Gains Tax Service (which the Single Customer Account will be a part of)
• ? Treating shares or units held in multiple portfolios as separate share pools
• ? Reviewing Corporate Bond and Gilt-edged Security CGT exemptions
• ? Further reviewing Private Residence Relief nominations
• ? Looking at income rules for Enterprise Investment Schemes as well as CGT rules
• ✗ Changing Corporation Tax rules for freeholders extending their own lease
• ✗ Extending Private Residence Relief cover for garden developments that the taxpayer occupies
• ✗ Changing CGT rules for property sales when payment of the proceeds is deferred
• ✗ Calculating foreign asset losses and gains in their own currency rather than sterling

CGT reforms for further consideration

Rejected CGT reforms

To be clear, the rejected reforms will NOT be happening, the reforms under consideration may still happen at some point, and the accepted reforms are in development. Extending the deadline for reporting and paying CGT
is the only recommendation that is already in force (from October 2021).

What to do if these tax changes affect you

These relatively minor tax adjustments are mostly good news, but they will only affect taxpayers in specific circumstances. The IHT
changes will affect those administering estates of the deceased worth more than £325,000 in England, Wales, and Northern Ireland, while the existing CGT extension affects anyone who has a duty to report capital gains and/or pay tax on them.

As for the CGT reforms still in the works, we cannot be certain who they will impact and what the extent will be under the government undertakes further consultations, which should happen at some point in 2022. In the meantime, if you need advice on Capital Gains Tax or assistance with Inheritance Tax from expert accountants in Barnsley, please contact GBAC by phone or email. Our accountants in Barnsley are happy to help, while we also have accountants in Leeds and accountants in Sheffield too.

While the newer system of postponed import VAT accounting
has been in place since early 2021, it still isn’t without its problems. Unfortunately, import VAT confusion is ongoing, as many businesses continue to experience issues like the following:

Inability to access monthly statements

Some importers have trouble accessing monthly statements for import VAT when logging on through the Government Gateway. If this is happening to you, try clicking the ‘start now’ button at the bottom of this page to get your import VAT statement.

Remember that online VAT statements are only available as an online PDF for 6 months after they’ve been published. This means you must download the import VAT documents within this time, and store them securely for your annual and long-term records.

Lack of feedback from freight agents

You may have been importing goods without receiving any import VAT paperwork, so haven’t made import VAT payments. In this case, it’s likely that the freight agent switched to postponed VAT accounting by default, and may not have informed you.

If you haven’t already done so, then you’ll need to sign up for the Customs Declaration Service as soon as possible. You’ll only have access to the previous 6 months of import VAT statements, and you’ll need these for your tax returns in order to reclaim VAT.

Missing VAT figures on invoices

Have you been receiving invoices for imported goods without a VAT number? This can be confusing and worrying if freight companies are adopting different approaches, and aren’t getting in touch with you to let you know how their VAT accounts are operating.

Usually, postponed VAT accounting will deal with import VAT returns, as previously explained. However, freight agents might pay the VAT to release the imported goods, in which case HMRC should send you a C79 form to reclaim the VAT that was paid.

Not receiving C79 forms

If you haven’t received a C79 VAT certificate from HMRC, it could have gotten lost in the post, or HMRC may not have issued one because the freight company defaulted to postponed accounting. This can complicate finding out how much VAT you’ve paid and how much input tax you can reclaim.

You should receive a C79 in the mail if the import VAT declarations were made using the CHIEF service (Customs Handling of Import and Export Freight). If they used the Customs Declaration Service, you should be able to access the certificates online.

Incorrect coding in import VAT software

It’s always important to use the correct VAT codes, but it’s especially important for businesses with partial exemptions, who might not be able to recover the VAT without the appropriate coding. If you have any doubts about your import VAT coding, it’s best to get advice from your software provider.

Every accounting package might have its own approach to postponed VAT, but you can always check when postponed VAT accounting is possible here. Of course, should you need import VAT assistance from our accountants in Barnsley, we’re always available to help if you get in touch with GBAC.

As recommended by the Low Pay Commission, the National Living Wage will increase to £9.50 an hour from next April. This applies to workers aged 23 or above, but the minimum wage rates for apprentices and workers between 16 and 22 years old is also increasing in 2022.

With these National Minimum Wage rises, the government should be back on track to achieve a minimum wage that’s level with two-thirds of the average earnings in the UK by 2024. These changes are intended to help the lowest-paid workers to recover from the pandemic.

Minimum wage changes in 2022

So, how much is the National Minimum Wage increasing next year? Check out the table below to easily check the pay rise that your age group can expect from 1st April 2022.

For full-time workers over 23, this 59p-an-hour increase should translate to an extra £1,000 of salary a year, which we’re sure you know can make a massive difference.

There will be an 11.9% uplift (51p per hour) for apprentice wages, bringing the hourly rate in line with the minimum wage for the youngest workers. This rate will apply for apprentices either aged 19 years old or in the first year of the apprenticeship.

What is the Real Living Wage?

It’s easy to confuse the different Minimum Wages and Living Wages, but they aren’t quite the same thing. To clear things up, the National Living Wage is the statutory minimum for workers aged 23 and over, while the National Minimum Wage rates apply to age brackets from 16 to 22 years old.

The Real Living Wage, also referred to as the UK Living Wage, is independently calculated to reflect current living costs and is not legally enforced – though at least 9,000 employers voluntarily pay this rate. The London Living Wage is also different, reflecting the higher costs of living in the capital.

Common misconceptions about wage deductions

HMRC has helpfully published a Minimum Wage Checklist for employers, ensuring that no employee is being purposefully underpaid. Common causes of underpayment include wrongful deductions for employer benefits, job-related expenses, and failure to pay for training or overtime.

Currently, providing accommodation is the only benefit that counts towards minimum pay, and the maximum offset for this will also increase to £60.90 a week next year (£8.70 a day).

If you’re an employer in need of payroll services
to calculate the correct wages and tax for your employees, or an employee yourself with HMRC enquiries about whether you’re being paid enough, you can contact GBAC for accounting assistance.

Despite previous talk of Capital Gains Tax reform, the only change confirmed by Chancellor Rishi Sunak’s Autumn Budget 2021 speech is an extension of reporting and payment deadlines.

From 27^th October 2021, if you sell a property in the UK, then you’ll have 60 days from the date of completion to report your gains and pay the tax. The deadline was previously 30 days, which is a tight turnaround for most taxpayers (and unfortunately still applies to sales before the change).

This also applies for non-UK residents selling property within the UK, who were finding it particularly difficult to set up a Government Gateway account in time to report and pay their Capital Gains Tax. Non-UK residents must report and pay CGT for both residential and commercial property sales.

Are CGT rates increasing in 2022 – 2023?

No: at the moment, this administrative modification is the only change to Capital Gains Tax until April 2023. The CGT allowance (tax-free maximum, called the Capital Gains Tax Annual Exempt Amount) is due to remain at £12,300 until 2025-2026, continuing to stay at the 2020-2021 level.

The CGT rates will also remain the same, at 28% for residential property gains and 20% for other chargeable assets if you’re a higher rate taxpayer. For basic rate taxpayers, the amount of CGT you have to pay over the allowance depends on your taxable income and the size of the gains.

The income tax rates are also set to stay the same until 2025-2026, with the Personal Allowance for tax-free earnings fixed at £12,570. There is no tax-free allowance if you earn more than £125,140 a year. The basic rate limit (20%) will be £37,700 for this time, while the higher rate (40%) and the Upper Earnings Limit for National Insurance Contributions will stay at £50,270.

How do I know if I owe Capital Gains Tax?

One of the ongoing issues with CGT is that many taxpayers are simply unaware of the tax reporting requirements when selling certain types of property or assets. Accountants may not be informed of a property disposal until it’s time to submit a tax return, which could be almost 2 years later.

Even those who submit self-assessment tax returns may miscalculate and end up paying the wrong amount. In theory, the tax calculation should factor in a refund for overpayment of Capital Gains Tax, but this doesn’t always happen – leaving frustrated taxpayers trying to phone up HMRC.

If you believe that you have been or will be affected by this change to CGT, or if you’re still unclear on what counts as capital gains, you might benefit from getting in touch with the team of experts at GBAC. We can provide tax consultancy services
and help you to resolve your HMRC enquiries.

According to the Autumn Budget 2021, business rates in England are due to be frozen until 2023, with business rate discounts available for commercial properties in certain sectors.

Detailed guidance has yet to be published, but let’s take a look at some of the measures announced by Chancellor Rishi Sunak to relieve the financial burden of the pandemic for businesses.

Business rates 2022-2023

For another year, the government is going to freeze business rates multipliers at the current levels. The standard rate will remain at 51.2p and the small business rate will remain at 49.9p until 2023.

These multipliers will be used to calculate business rate bills for commercial properties below £51,000 in value, which are likely to be ineligible for other small business relief.

They will also introduce temporary business rate relief
for 2022-2023. Eligible retail, hospitality, and leisure businesses can get a 50% discount on business rates, up to a cap of £110,000 per business.

This is less than the 66% retail discount for 2021-2022, but it will still be helpful for medium businesses who can’t get small business rates (for property values between £12,001-£15,000).

Transitional relief will also prevent business rates from fluctuating too much for the next year. Rates can’t increase after revaluation by more than 15% for small businesses (up to £20,000) or 25% for medium businesses (up to £100,000) – subject to subsidy controls and London uplifts.

Tax reliefs for creative industries and charities

Museums and Galleries Exhibition Tax Relief (MGETR)
will be extended until March 2023 to support charitable companies running museum or gallery exhibitions – expenditure after this isn’t eligible.

MGETR and Theatre Tax Relief (TTR) will temporarily increase by 25% from 27^th October 2021 to 31^st
March 2023. Touring production tax relief will rise from 25% to 50%, and non-touring production tax relief will increase from 20% to 45%. They will reduce to 35% and 30% respectively on 1^st April 2023.

Orchestra Tax Relief (OTR) will also increase from 25% to 50% from now until March 2023, reducing to 35% for the 2023-2024 tax year. All MGETR, TTR, and OTR rates will return to pre-increase 2021 levels from 1^st April 2024 (decreasing back to either 25% or 20%).

From 1^st April 2022, production companies can switch between Film Tax Relief (FTR) and High-End TV Tax Relief (HETR) if they change their distribution method, so they don’t lose out on tax relief.

The government plans to look into increasing safeguards for these tax relief options from 1^st April 2022, to ensure that businesses aren’t abusing the system.

Long-term measures for business rates

The 2021 Autumn Budget announcements aren’t quite the radical business rate reform many were hoping for, but further measures being taken in 2023 and onwards will help in the future.

For example, the government plans to increase revaluation frequency to every three years, instead of every five years. They’re also aiming to introduce further exemptions and relief for eligible property improvements that would otherwise increase the property’s rateable value.

This includes a 100% improvement relief for twelve months. The government will outline eligibility and implementation by 2023 and review it in 2028. Most machinery upgrades won’t affect rateable value, but adding assets and amenities such as CCTV or bike sheds might.

Similarly, targeted exemptions for renewable energy
plants and machinery will apply between April 2023 and March 2035, with 100% relief for low-carbon heat networks. This means that you could get business rate exemptions when installing electric vehicle charging points or solar panels.

You can find all the current business rate relief details for English properties on the government website. Should you need assistance with business valuations or HMRC tax enquiries, please get in touch with the accounting experts at GBAC.

The first Autumn Budget since 2018, and Chancellor Rishi Sunak’s third Budget in fewer than 20 months, focuses mainly on public spending.

It reveals no major increases in personal taxes, but no major reductions, either.

Another Budget earlier in the year addressed how to raise necessary extra revenue, including corporation tax rises and allowance freezes.

Here are the highlights from the Autumn Budget 2021:

• Income Tax and Dividend Tax

The personal allowance and income tax rates for 2022-2023 will remain frozen at the same levels as 2021-2022, but the Married Couple’s Allowance and Blind Person’s Allowance will increase. Tax for dividends above the frozen allowance of £2,000 will be increasing by 1.25% in each tax rate band.

• National Insurance Contributions and the Health and Social Care Levy

As announced back in September, National Insurance Contributions will also increase by 1.25% from April 2022. This applies for Class 1 (employee), Class 2 (Employer), and Class 4 (Self-Employed) NIC. From April 2023, this 1.25% will be legislated as the Health and Social Care Levy to help fund the NHS and social care, and NIC will return to 2021-2022 rates while the Levy is paid separately. The 2023 Levy won’t apply to Class 2 or Class 3 (Voluntary) NIC, but includes workers above State Pension age.

• Inheritance Tax and Capital Gains Tax

No changes for Inheritance Tax, and only an administrative adjustment for Capital Gains Tax. From 27^th October 2021, the deadline for reporting and paying CGT after selling a property in the UK will increase from 30 to 60 days. The Chancellor may have abandoned plans for CGT reform for now.

• State Pension and Pension Tax Relief

The government will temporarily suspend the ‘Triple Lock’ uprating system for 2022-2023, so both new and old State Pensions will increase in line with the Consumer Prices Index (to a maximum of 2.5%). Despite fears of negative changes to Pension Tax Relief, there will potentially be an increase for low earners from 2024, with a new top-up payment system due to be introduced in 2025-2026.

• Individual Savings Account Contributions

The Individual Savings Account (ISA) annual limit will remain at £20,000 for adults for another year, as set back in 2017. For Junior ISAs and Child Trust Funds, the annual limit will remain at £9,000.

• Vehicle Excise Duty and Fuel Duty

Vehicle Excise Duty (VED) will be uprated in line with the Consumer Prices Index for cars, vans, and motorcycles. To support the struggling haulage sector, the freeze on VED for heavy goods vehicles (HGVs) will continue, with the HGV Levy suspension extended for another year from August 2022. The Fuel Duty freeze will also continue for the twelfth consecutive year due to rising pump prices.

Though the Chancellor specified in his Budget speech that reducing taxes is a future goal, this will not happen in 2022. We’ll have to wait until next year’s budget for progress on this front.

As 2021 is drawing to a close, it’s the ideal time to start taking care of your year-end tax plans. If you would benefit from tax consultancy services to help with this, contact GBAC today.

There are various tax advantages to a rental property being treated as a furnished holiday letting, but inheritance tax (IHT) business relief is generally not one of them. Even though the law supports HMRC’s view, property owners regularly appeal against their refusal to give relief.

The tax advantages

The most immediate benefit is full tax relief for finance costs. For normal rentals, relief is restricted to the basic rate, so a higher-rate taxpayer with a £250,000 mortgage at an interest rate of 2.5% will receive extra tax relief of £1,250 annually.

When it comes to disposing of a property, business asset disposal relief and holdover relief will be available.

Business relief

Some £225,000 in IHT was at stake in the recent appeal by the executors appointed by Sheriff Graham Loudon Cox against business relief being denied. Although the late taxpayer worked hard to ensure guests enjoyed their stay in his three furnished holiday flats, the First Tier Tribunal dismissed the appeal, finding that there was nothing exceptional about the business to elevate it beyond being one of mainly investment.

And that is the essential problem. The level of additional services provided must be sufficient that the activity is considered as non-investment. This needs to be more than just:

• cleaning;
• providing heating and hot water;
• a welcome pack; and
• being on call to deal with queries and emergencies.

These are considered as simply incidental or ancillary activities. The extra services which would have helped the appeal, such as dog-sitting, childminding, transport, breakfast and supper, were not provided to guests with sufficient regularity. Owners of holiday lets could consider making use of the CGT reliefs by gifting furnished holiday property to the intended beneficiaries during their lifetime. The property then drops out of charge to IHT after seven years.

Details about the reliefs available for furnished holiday lettings, and the qualifying conditions, can be found here.

If you would like to discuss any queries surrounding IHT, please call our tax team on 01226 298 298.

New IR35 changes will be implemented in April 2021 for private sector contractors that will transfer responsibility from contractors to large and medium companies to assess off-payroll worker status.

But what exactly are the IR35 rules, and what can you do to prepare for these changes?

What is IR35?

Some independent contractors who work through an intermediary, such as a personal service company, may benefit from a certain level of tax efficiency. They may not be entitled to employee benefits such as holiday pay or sick pay, but their tax status often enables them to take home more net pay than an employee in the same role.

The benefit to a company of hiring an individual in this way, is that they don’t have to operate PAYE or National Insurance Contributions.

IR35 legislation ensures that UK contractors pay the same tax and National Insurance contributions as an equivalent employee would.

How does it work?

IR35 effectively determines whether an individual is a bona fide contractor or a ‘disguised employee’ for the purposes of paying tax. If it is concluded that an individual is a ‘disguised employee’, they will be deemed to be inside IR35 and will be subject to PAYE and NIC. If it is concluded that an individual is actually a contractor, then they will be deemed to be outside IR35 and will not be caught by the rules.

The key question that needs to be answered is whether the worker would have been an employee of the client if they had been working directly for it.

The most important factors to consider include (but are not limited to) whether there is

• personal service,
• mutuality of obligation,
• employee-type benefits and
• whether the individual provides his or her own equipment.

What are the IR35 changes?

Currently, in the private sector, contractors working through a personal service company are responsible for making their own assessment as to whether they fall inside or outside of IR35. If they make the assessment incorrectly, it is the contractor and not the client or agency who is liable for any unpaid tax and NICs.

In April 2021, changes to IR35 will be implemented for private sector contractors, transferring responsibility from contractors to large and medium companies to determine if IR35 will apply.

There is a limited exclusion for small companies, defined by HMRC as not exceeding two or more of the following criteria;

• an annual turnover above £10.2 million,
• a balance sheet total over £5.1 million, or
• more than 50 employees.

Liability for PAYE and NICs will potentially pass to the hiring company or fee payer if it is deemed to have failed to take ‘reasonable care’ in making the decision.

What will the changes mean for contractors?

If they are assessed as inside IR35, contractors will need to pay the same income tax and NICs as if they were employed, but they still won’t receive employment benefits, such as paid holiday or sick leave, from the hiring company or fee payer. Being assessed as inside IR35 can also have financial implications for the contractor, including a reduction in their net income.

What can you do to prepare?

Large and medium-sized organisations should

• undertake a review of their use of contractors, setting out who they are currently contracting with and on what basis.
• make use of an HMRC online tool called CEST. However, this should be approached with caution and should not be used as a substitute for a full and proper investigation.
• evaluate any contracts that they have in place with individual contractors.
• Issue a Status Determination Statement to contractors of how the decision on their IR35 status is reached.

If agreement cannot be reached on status, a process of appeal must be made available to the contractor.

Whilst it is important that contracts are drafted in such a way as to reduce the risk of IR35 applying, it is also important that the practical reality is in accordance with those terms. A carefully drafted contract will not avoid being caught by IR35, unless it also reflects the reality of the situation.

Final words

IR35 is a complex area of law so speaking to a tax specialist early on and before starting your review is recommended.

The tax cases brought for judgement recently have highlighted the fact-sensitive nature of the legislation. Currently no easily applicable checklist exists making it difficult for businesses to apply blanket procedures to ensure adherence to IR35 with multiple contractors. At this time employee status will be best analysed on a case by case basis.

The changes to IR35 will likely result in administrative challenges for large and medium-sized organisations.

If you are a business and you think that the IR35 changes may impact upon your operations, then please get in touch and we will be happy to discuss this further.

Did you defer your VAT payments last year due to the financial effect on the COVID-19 pandemic? If so, you were not alone. Over half a million businesses deferred VAT payments that fell due between March and June 2020 with the balances needing to be paid in full by 31 March 2021.

However, HMRC have recently announced a new online VAT deferral payment scheme which will enable businesses to pay their outstanding VAT liability in equal consecutive monthly instalments from March 2021.

Businesses will need to voluntarily opt-in to the service and they can do this via the online service which opened on 23 February 2021 and closes on 21 June 2021, following the link on the gov.uk website below:

https://www.gov.uk/guidance/de…

The month you decide to join the scheme will determine the maximum number of instalments that are available to you. For example, if you join the scheme in February or March you will be able to pay your deferred VAT in 11 instalments or fewer.

Please see the extract below from HMRC website with regards to the dates and corresponding number of instalments available to you:

To use the online service, you must ensure you meet the following criteria:

• you can only join the scheme yourself, your agent cannot do this for you
• still have deferred VAT to pay
• be up to date with your VAT returns
• join by 21 June 2021
• pay the first instalment when you join
• pay your instalments by Direct Debit (if you want to use the scheme but cannot pay by Direct Debit, there is an alternative entry route but you will need to call the COVID-19 helpline on: 0800 024 1222)

More detailed information can be found on the gov.uk website or please contact our office on 01226 298 298 and we can discuss the options for you and your business in further detail.