Acca f6 2020 Lecture Notes
Acca f6 2020 Lecture Notes
Acca f6 2020 Lecture Notes
Course Notes
ACCA TX (FA 2019)
Taxation - United Kingdom
From June 2020 – March 2021
Tutor details
1Contents
Page
1 Your Exam
Your examination is a 3-hour computer-based examination.
You will have three hours for the exam PLUS you have up to 10 minutes to familiarise yourself
with the CBE system before starting the exam.
Question style
In sections A and B there are a variety of OT styles. For example, questions may be multiple response,
number entry, pull down list, hot spot, enhanced matching or fill in a table.
The two 15-mark section C questions focus on income tax and corporation tax, but may include a small
number of marks focussing on other taxes. All other questions can cover any area of the syllabus.
The exam is mainly computational and all questions are compulsory.
3 Technical Articles
The ACCA publish a number of technical articles relating to Taxation on their website at
https://www.accaglobal.com/uk/en/student/exam-support-resources/fundamentals-exams-study-
resources/f6/technical-articles.html.
These provide useful additional reading, and are worth reading once you are comfortable with
material in these notes. We suggest looking at them between the tuition and revision stage of your
course.
KEY TERMS
Indirect tax. An indirect tax, e.g. VAT, is a tax collected by an intermediary (such as a
retailer) from the person who bears the ultimate cost of the tax (the customer). The
intermediary later files a tax return and forwards the tax collected to the HMRC.
Direct tax. A direct tax is a tax collected by HMRC directly from the taxpayer, e.g.
income tax, corporation tax, capital gains tax.
KEY TERMS
Avoidance. Avoidance is the LEGAL utilisation of the tax regime to one’s advantage,
e.g. using tax reliefs, changing status through incorporation, living in a low tax country.
Evasion. Evasion is ILLEGAL. It involves deliberate concealment of the true state of a
taxpayer's affairs. Evasion is a crime that renders the guilty party liable to fines or
imprisonment.
Schemes
HMRC has targeted many specific tax avoidance schemes with anti-avoidance legislation to
counter the tax advantages gained by the taxpayer.
HMRC has also introduced:
– Disclosure obligations regarding anti-avoidance tax schemes requiring the declaration of
details of the scheme to HMRC.
– A general anti abuse rule (GAAR) which stops tax advantages (e.g. increased
deduction/decreased income) arising from abusive tax arrangements. Abusive
arrangements are those which cannot be regarded as a reasonable course of action and
are deliberately put in place to avoid tax.
In dealing with clients, the ACCA requires a member to uphold its standards. The ACCA’s code of ethics
and conduct sets out five fundamental principles that members should abide by. These are:
(i) Objectivity
(ii) Professional behaviour
(iii) Professional competence and due care
(iv) Integrity
(v) Confidentiality
KEY TERM
The tax year runs from 6 April to 5 April.
Individuals who are resident in the UK for a tax year are liable to UK tax on their worldwide
income.
Non-UK resident individuals are only liable to UK tax on income arising in the UK.
4 Residence
There are statutory tests to determine a person’s residence.
You must consider the tests in the ORDER set out below.
If, for example, one of the automatic non-residence tests is satisfied, then you do not consider the
remaining rules.
STATUTORY TESTS
Test 1: Automatic non-UK resident
A person is automatically NOT resident if, in the tax year, he is in the UK for less than:
16 days, or
46 days and has not been UK resident during the three previous tax years (i.e. is arriving in the
UK or is an occasional visitor), or
91 days, of which fewer than 31 days were working in the UK, and he works full-time overseas.
Test 2: Automatic UK resident
Provided test 1 is not met, a person is automatically resident in the UK in a tax year if he:
Is in the UK for 183 days or more during the year, or
He has his only home in the UK, or
He works full-time in the UK and more than 75% of his working days are in the UK.
Test 3: Sufficient ties test
If (and ONLY if) person’s residence cannot be determined using the automatic tests above, use the
sufficient ties test.
Firstly, determine whether the person is a previous UK resident:
For these purposes:
A person is a previous UK resident if he was UK resident in one or more of the 3 previous tax
years (usually someone leaving).
A person who was not UK resident in any of the 3 previous tax years, is not a previous resident
(usually someone arriving).
Next, count how many ties the individual has with the UK:
There are four UK ties for arrivers and five UK ties for leavers:
(1) Having close family (a spouse/civil partner/cohabitee or minor child) resident in the UK.
(2) Having UK accommodation in which the individual spends at least one night in the tax year.
(3) Doing substantive work in the UK.
This means work for 3 hours or more on 40 or more days in the tax year.
(4) Being in the UK for more than 90 days during either or both of the two previous tax years.
For leavers, there is one further tie:
(5) Spending more time in the UK than in any other country during the tax year.
A day in the UK is any day on which a person is present in the UK at midnight.
Note: It is harder for a person leaving to become non-resident than it is for a person arriving to remain
non-resident.
Once you have decided a person’s previous residence status and the number of ties, determine
residence status for the tax year using the table below:
Days in the UK Previously resident Not previously resident
Less than 16 Automatically not resident Automatically not resident
16 to 45 Resident if 4 UK ties or more Automatically not resident
46 to 90 Resident if 3 UK ties or more Resident if 4 UK ties
91 to 120 Resident if 2 UK ties or more Resident if 3 UK ties or more
121 to 182 Resident if 1 UK ties or more Resident if 2 UK ties or more
183 or more Automatically resident Automatically resident
EXAM SMART
The table above will be given to you in the exam.
In practice, the rules are more complex than described above. However, your Examiner
has confirmed that the above is all that he expects you to know.
Jai was born in the UK and lived here until 31 March 2019 when she retired and went to live in a house
she had purchased overseas. Jai lived overseas throughout 2019/20 except for the 49 days when she
returned for her daughter’s wedding. Whilst in the UK Jai lived with her husband in the house they
jointly own. Her husband continued to work in the UK and lived in the house for 220 days in 2019/20.
To decide whether Jai is UK resident for 2019/20, look at the automatic tests and then the ties:
1 Overview
In this chapter you learn how to compute an individual’s income tax liability. In later chapters you will
learn how to compute the income included in that computation.
EXAM SMART
Beware! If you see any of these types of income in an exam question, you must state
in your answer that it is exempt income. If you do not state this, you will not
get the mark even if you treat the income as exempt by excluding it from your income tax
computation.
Type of income
1 Non-savings (from trading, employment and land & buildings) Bottom slice of income
2 Savings (bank/building society interest) Second slice
3 Dividends Top slice
3 Taxable income
Taxable income is arrived at by adding together all of an individual’s sources of income and
deducting the personal allowance.
Each of the three types of income, non-savings, savings and dividends is dealt with separately.
EXAM SMART
In some circumstances it is beneficial to deduct the PA from the sources of income in a
different order to that set out above. This is NOT examinable in the TX exam.
Rebekah had earnings of £12,000 and bank interest of £10,000. Her taxable income is:
KEY TERM
Adjusted net income is total income LESS:
Loss relief,
Qualifying interest payments,
Gross pension contributions to an employers’ occupational pension scheme and
Gross Gift Aid contributions and personal pension contributions.
You look at the above items later in this chapter.
The PA is reduced by £1 for every £2 of income if adjusted net income (ANI) exceeds £100,000.
A person with ANI of £125,000 or more is not entitled to any PA (125,000 – 100,000 =
25,000/2 = £12,500).
If a person has ANI between £100,000 and £125,000, the effective marginal rate of
income tax is 60%. This is the higher rate of 40% on income plus an additional 20% as a
result of the personal allowance withdrawal.
In this situation it may be beneficial to make additional personal pension contributions
(see below) or Gift Aid donations (see below).
This point is not important in the TX exam (it will be in your ATX studies!!), but for now,
do not worry too much – most TX students find this marginal rate baffling!
Jo has a salary of £105,400, building society interest of £2,000 and dividends of £12,600. His taxable
income is:
EXAM SMART
The income limit of £100,000 and the adjusted net income limit of £125,000 are included in
the tax rates and allowances provided in the examination.
£150,000
£37,500
Basic Rate Band 20% 20%* 7.5%**
EXAM SMART
The rates of tax are given in tabular format, in the tax rates and allowances section of your
exam paper.
Jo has a salary of £137,500, and building society interest of £4,500. Jo’s income tax liability is:
Karishna has a salary of £15,500, building society interest of £3,500 and dividend income of £32,000.
Karishna’s income tax liability is:
5 Gift Aid
Gifts to a UK registered charity.
Regular or one-off.
No maximum or minimum gift.
Donor must give charity a Gift Aid declaration.
Gift must be unconditional.
Donor obtains only limited benefit from the gift (e.g. free access to National Trust properties).
Gift Aid donations are deemed paid net of 20% income tax. The amount paid is the net gift.
GROSS GIFT = net gift X 100/80 (gift × 100/80)
To give higher rate relief extend the basic rate band by the gross gift (gift × 100/80). This looks
strange, but it works!
Similarly, to give additional rate relief, the higher rate limit is increased by the gross gift.
Gift Aid makes no difference to a basic rate taxpayer’s liability, so ignore it completely if the
taxpayer is a basic rate taxpayer.
Macron earns a salary of £62,500 per annum and has no other income. He gives £8,000 (net) a year to
the Multiple Sclerosis Society (a registered charity) under the Gift Aid scheme.
Macron’s taxable income is:
£
Income from employment 62,500
Personal allowance (12,500)
50,000
His income tax payable is calculated as follows:
£
20% on £37,500 7,500
20% on extended basic rate band - £10,000 (£8,000 × 100/80) 2,000
40% on excess (£50,000 – £47,500) 1,000
10,500
EXAM SMART
The following information will be given in your exam.
Child benefit income tax charge
Where income is between £50,000 and £60,000, the charge is 1% of the amount of child benefit
received for every £100 of income over £50,000.
Sara Evans receives child benefit of £1,789. She has net income of £57,589, and pays gross gift aid
donations of £400. The child benefit income tax charge is:
EXAM SMART
The transferable amount of £1,250 is given in the tax rates and allowances in the exam.
Jeevan and Falguni are married. Jeevan has an annual salary of £11,450. Falguni has an annual salary
of £42,500. Jeevan makes an election to transfer the marriage allowance to Falguni. Neither Falguni
nor Jeevan has any other income.
Jeevan and Falguni’s income tax liabilities are:
Sue owns 80% of a property which she lets out. Her husband owns the other 20%.
If no declaration of actual ownership is made, Sue and her husband will each be taxed on 50% of the
rental income.
If a declaration is made, Sue will be taxed on 80% of the rental income and her husband will be taxed on
20%.
Whether it is worth making a declaration of actual interests will depend on who is the higher
rate taxpayer.
In the above illustration, if Sue pays tax at a higher rate than her husband, it may be beneficial
NOT to make a declaration.
The availability of the savings income nil rate band and the dividend nil rate band means that it
may not always be most beneficial to transfer income to the partner paying tax at the lowest
marginal rate.
Ruth and Jes are in a civil partnership. Ruth has a salary of £175,000 and savings income of
£300. Jes has a salary of £50,000 and dividends of £12,000.
Ruth, an additional rate taxpayer, is not entitled to a savings income nil rate band. Her savings
income will be taxed at 45%. Transferring savings (and therefore the associated interest income)
to Jes would enable Jes to utilise her savings income nil rate band and would save tax of £135
(£300 x 45%).
Jes has dividend income in excess of the dividend nil rate band. As a higher rate taxpayer
£10,000 of dividend income will be taxable at 32.5%. Ruth does not utilise her dividend nil rate
band. Transferring sufficient shares to Ruth such that she would be taxable on dividends of
£2,000 would save tax of £650 (£2,000 x 32.5%). The remaining £8,000 of dividends should
remain taxable on Jes as she is only a higher rate taxpayer rather than transferring the shares to
Ruth which would make the dividend income taxable at the additional rate.
Ravi and Jaitinder are married. Ravi has a salary of £80,000. Jaitinder has a salary of £25,000 and building
society interest of £1,500.
Jaitinder is a basic rate taxpayer and so has a £1,000 savings nil rate band. Thereafter the next £500 of
interest would be taxed at 20%. It is better if the £500 of interest is transferred to Ravi to use his £500
savings nil rate band.
STEPS
Step 1: Calculate income tax at each applicable rate on the three types of income.
Step 2: Deduct any marriage allowance and add back any child benefit tax charge.
Step 3: Finally, deduct tax suffered on employment income to find income tax due or outstanding.
21
HMRC apply “multiple tests” to determine the status of a taxpayer to prevent employees from
claiming to be self-employed when they are employees, including:
Control over the worker
Obligation to accept work
Who decides when the work is done
Hiring of subordinates
Financial risk/reward, for example finish work early or late
Who provides equipment
Wording of contract, (obey orders, obligation to appear, rights etc.)
Sick pay, holiday pay
Uniform, (but Tesco insist agency drivers must wear Tesco jacket)
Job title
Josh, a salesman receives a basic monthly salary of £3,000 and a bonus which is paid in April each year
and relates to the sales made by Josh in the year to the previous 31 December. Josh becomes entitled
to the bonus on the date it is received.
Recent bonuses are as follows:
Bonus in respect of: Paid Amount
Year to 31 December 2018 30 April 2019 £5,000
Year to 31 December 2019 30 April 2020 £7,500
What is Josh’s employment income for 2019/20?
SOLUTION
£
Salary (£3,000 × 12) 36,000
Bonus (received April 2019) 5,000
Employment income 41,000
In the case of directors, who are in a position to manipulate the timing of payments, there are
extra rules. Directors are deemed to receive earnings on the earliest of four dates:
(i) The two dates set out above
(ii) When earnings are credited in the company’s accounts
(iii) When earnings are determined:
– Before the end of the period of account = the end of that period
– After the end of a period of account = date the earnings are determined
There are many specific rules (see below), which override the general rule.
If payments received exceed the statutory amount, the employee is taxable on the excess.
Statutory amounts, (the rates for cars are given to you in the exam), are:
Cars Motor cycles Bicycles
45 pence per mile (up to 10,000 miles) 24 pence per mile 20 pence per mile
25 pence per mile (on miles in excess of 10,000)
For NIC purposes a flat rate of 45 ppm is used irrespective of actual mileage, with no allowable
deduction if the employer rate is less than this.
In the tax year Dave drove 11,000 miles in the performance of his duties.
His employer paid an allowance of 32 pence per mile.
Calculate Dave’s taxable benefit or allowable expense as follows:
3.1.2 Pension contributions and contributions under the payroll deduction scheme
Deduct employee contributions to an occupational pension scheme and employee contributions
under the payroll deduction scheme from gross salary.
4 Assessable benefits
4.1 Taxing benefits
Benefits are taxed when the benefit is provided to the employee.
If a car is first provided on 1 January, the benefit is 3/12 × full year benefit for that tax year. (See
below for more details on cars.)
EXAM SMART
This is an important rule, learn it.
There are special rules for valuing many benefits (see below) which override the above rules.
EXAM SMART
Presentation is important in the TX exam, so it is worth pausing here, to think about
how you will present your employment income working.
List employment income in a working and show one line in the income tax computation (See Ch 2).
£
Salary 15,000
Car benefit (calculated in a separate working, W3) 4,000
Fuel benefit (£24,100 × 16%) 3,856
Loan benefit (calculated in a separate working, W4) 620
Accommodation benefit (calculated in a separate working, W5) 3,500
Employment income (put the total in the income tax computation: Ch 2) 26,976
4.4 Cars
Employees with a company car are taxed on a % of:
(i) the list price, plus
(ii) any optional accessories originally provided with the car, and
(iii) any further accessories costing £100 or more provided at a later date.
Ignore discounts.
Capital contributions of up to £5,000 by the employee reduce list price.
Cost of adapting the car to run on road fuel gas is excluded.
EXAM SMART
Don’t confuse capital contributions with contributions towards running costs. The latter
reduce the annual benefit.
EXAM SMART
The following information will be given in the tax rates and allowances section of your exam paper.
The base level of CO2 emissions is 95 grams per kilometre. The %s for petrol cars (and diesel cars
meeting the RDE2 standard) with CO2 emissions below this are:
Emissions % applying to petrol cars
50g per kilometre or less 16 %
51g to 75g per kilometre 19 %
76g to 94g per kilometre 22 %
95g per kilometre 23 %
For every 5g/km over 95g/km (round down to the nearest 5g/km), add 1%.
Add a further 4% for diesel cars which do not meet the real driving emissions 2 (RDE2)
standard. Diesel cars meeting the standard are treated as though they are petrol cars.
Max percentage = 37%.
Contributions towards running costs reduce the taxable benefit.
Time apportion benefit for less than 12 months’ availability including being unavailable for more
than 30 days continuously.
Insurance, repairs, road tax etc. are included in the benefit above, so these costs are tax-free
and can be ignored in questions.
The cost of a chauffeur, however, is an additional benefit.
S Ltd provided Cowell with a diesel car with a list price of £52,000. The car cost S Ltd £49,500, and it
has an official CO2 emission rate of 154 grams per kilometre. The car does not meet the RDE2
standard. Cowell was incapacitated for a week in March so the company provided him with a
chauffeur at a cost of £1,000. Cowell’s taxable benefit is:
4.5 Fuel
If an employee is provided with any fuel for private journeys in a company car, he is taxed on the car
percentage (see above) multiplied by a base figure of £24,100. The base figure is given in the tax rates
and allowances in your exam.
Time apportion benefit for less than 12 months availability (as for cars).
Unlike all other benefits, an employee contribution toward the fuel cost does NOT reduce the
taxable amount.
Planning: contribute toward the running cost of the car, not the fuel.
In the example above, if S Ltd provides Cowell with fuel, the fuel benefit is 37% × £24,100 = £8,917.
Vans
Benefit if the employee has private use of a van.
NO benefit if private use is insignificant.
Travel from home to work does not count as private use.
Fixed taxable benefit £3,430 per annum. (Additional £655 if private fuel available.)
The benefit figures for vans and van fuel are NOT given to you in your exam.
EXAM SMART
The Examiner will give you the annual value.
(ii) If employer RENTS from a 3rd party, the taxable benefit is the greater of:
the rent paid by the employer, OR
the annual value.
Additional charge
Additional charge if cost > £75,000 (i.e. can only apply where employer owns the property).
(Cost – £75,000) × official rate of interest (2.5% - this will be provided to you in the exam).
Cost is the total cost of acquiring and improving the property prior to the start of the tax year.
Ignore improvements in the current tax year.
Don’t confuse improvements & repairs. Treat repairs as living expenses (see below).
Use the market value when first provided plus improvements:
If acquired > 6 years before its first use by the employee, AND
Cost plus improvements exceeds £75,000.
X Ltd provided Pururavas with an apartment in February 2013. The property was purchased in June
2005 for £150,000 and was valued at £250,000 in February 2013. X Ltd spent £10,000 on
improvements in December 2018 and £1,200 redecorating in June 2019. It has an annual value of
£14,000. The official rate of interest is 2.5%.
Pururavas ’s taxable benefit for 2019/20 is:
Vouchers
E.g. Marks & Spencer vouchers
This is also subject to employee & employer NIC, (See Chapter 11).
In the exam calculate using both methods and choose the lower result (unless told otherwise).
Time apportion benefit if loan outstanding for only part of the tax year.
Not a taxable benefit if loan ≤ £10,000 throughout the tax year.
If loan exceeds £10,000 at any time in the tax year, whole benefit (not just the excess over
£10,000) is taxable.
Write off of all loans whether above or below £10,000, is always taxable in full.
Raj borrowed £15,000 interest free from his employer on 1 June. He repaid £4,000 on 31 December.
Raj’s benefit for the tax year is:
15k+11k 10
Average method: ( ) x 0.025 x = £271
2 12
Strict method £
7/12 × 2.5% × £15,000 219
3/12 × 2.5% × £11,000 69
288
Exclusion: bicycles provided for journeys to and from work are tax free.
If employee subsequently acquires the asset the taxable benefit is the greater of:
MV at time of employee acquisition, OR
Original MV less the cumulative taxable benefit to date of employee acquisition (think of
this as “net book value”).
Sarah’s employer provided her with a television costing £1,800 for her private use on 1 January 2018.
The television was given to Sarah on 1 July 2019 when its market value was £400.
Sarah’s taxable benefit for 2019/20 is:
Exempt benefits
EXEMPT EXEMPT
Employer pension contributions. Bikes/safety equipment for travel to/from work.
≤ £5 (£10 overseas) a night for incidental expenses £4 a week or £1 8 a m on th towards household
incurred whilst working away from home. costs if working from home.
If the amount exceeds the limit, full amount chargeable.
One mobile phone. If 2nd provided, benefit is cost of Medical cover for overseas business trips (UK
running 2nd phone to employer. cover taxable).
Pensions advice (up to £500). Canteen meals available to all staff.
First £8,000 of relocation expenses. Work place nursery.
Job related accommodation. Workplace parking.
Annual staff parties ≤ £150 per head. Employer liability insurance, death in service
If cost per head > £150 then whole amount taxable. benefits and PHI.
£150 per head is for the whole year.
The full cost of the party, even if more than £150 per
employee, is fully allowable for the employer.
Awards of up to £5,000 under staff suggestion schemes. Long service awards provided cost not more than
Excess over £5,000 is taxable. £50 per year of service and, if service was at least 20
years, there was no similar award in past 10 years.
Bikes to enable employees to get to and from work or Entertainment provided by genuine 3rd parties
from one workplace to another. (e.g. seats at sporting events).
Buses and minibuses used for journeys to work or Gifts of goods by 3rd parties provided the cost of
between workplaces. all gifts by the same donor to the same employee
does not exceed £250 a year.
If the limit is exceeded the full amount is taxable.
Employer payment of up to £500 for medical treatment Trivial benefits if cost less than £50; not cash/cash
provided to an employee to assist a return to work after voucher; and not provided in recognition of
a period of absence due to ill-health or injury. services.
Loans < £10,000. Sports and recreation facilities available to
employees, but not the general public.
EXAM SMART
If there is an exempt benefit in the exam, identify it as exempt. Don’t ignore it.
This is VITAL: you will not gain the marks for recognising an exempt benefit if you ignore it!
EXAM SMART
The best way of really getting to know which benefits are exempt is to practise lots of
questions, where you will find that certain exempt benefits get tested again and again.
EXAM SMART
The electronic pay day (22nd) should be used in the exam. You do not need to be aware of
the payment deadline for non-electronic payments.
Can pay quarterly (on 22 July, October, January & April) if average monthly employer PAYE
liability does not exceed £1,500.
HMRC can require employers to provide security where amounts due under PAYE are seriously
at risk.
HMRC require security from employers who try to defraud the government by deliberately
choosing not to pay PAYE, who build up large debts or who do not respond to HMRC’s attempts
to contact them.
Real time information (RTI)
Employers must submit income tax and NIC information to HMRC electronically when or before
employees are paid each week or month.
A year end summary of all the tax and NICs deducted must be provided with the final RTI
submission for the tax year.
Penalties are charged on a monthly basis if RTI submissions are late (see Chapter 22).
PAYE codes
'Tax codes' are used to calculate tax due under PAYE. The tax code computation is as follows:
Allowances £ Deductions £
Personal allowance X Taxable benefits reported on P11D X
Allowable expenses X Adjustment for underpaid tax X
Adjustment for overpaid tax X
X X
(i) If total allowances minus deductions gives a positive figure create the code by replacing
the last digit with a letter.
The letter L shows that the employee is entitled to the basic personal allowance.
(ii) If total allowances minus deductions is a negative figure, rather than adding a suffix to
the code number, add the prefix K. A K code is calculated by removing the last digit and is
then decreased by 1.
The K prefix is used when allowances are less than benefits, i.e. to increase taxable pay.
PAYE codes may also include income tax on the taxpayer's estimated savings and dividend
income.
Tayyeba is a 37-year old who earns £62,190 per annum and has taxable benefits of £2,930 each year
reported on the P11D. Underpaid tax for last year was £100.
The PAYE code is:
£
Personal allowance 12,500
Benefits (2,930)
Underpaid tax from last year £100 × 100/40* (250)
9,320
PAYE forms
HMRC use various forms to administer PAYE:
P60 To employee by 31 May Total taxable pay
Total tax deducted
PAYE code
National Insurance number
Employer’s name and address
P11D To employee and HMRC by 6 July Cash equivalent of all benefits
P45 Given to employee on leaving PAYE code
Income paid and tax deducted from start of tax year to
date of leaving
35
1 Property income
EXAM SMART
For your TX exam, you need to be able to deal with:
Profits arising from the rental/lease of a property
The rent a room scheme
Furnished holiday lets
The premium received on the grant of a short lease
EXAM SMART
The TX examining team has said that in a question involving property income for individuals
or partnerships, the cash basis should be used unless you are specifically told the contrary.
If a landlord lets more than one property, the assessable amount in a tax year is the aggregate
of net income from all properties, excluding furnished holiday lettings (see below).
Property income is included in the income tax computation as non-savings income, see Chapter 2.
The rules for property income received by a company are different and are covered later in
these notes. (Take care not to confuse them!)
Faizal let a furnished house throughout 2019/20 at a monthly rent of £1,000. The house is subject to a
repayment mortgage and Faizal paid mortgage interest of £12,000 during 2019/20. Other allowable
expenditure on the property in this tax year was £1,300.
Faizal had a salary of £90,000 in 2019/20.
Faizal’s income tax liability is:
EXAM SMART
Details of the finance cost restriction will be given in the tax rates and allowances section of
your exam.
1.1.4 Cars
Capital allowances available.
Actual motoring costs, (e.g. petrol / insurance) also deductible.
Alternatively, HMRC’s approved mileage allowances can be claimed instead of capital
allowances and actual motoring costs.
EXAM SMART
Approved mileage allowances are included in the tax rates and allowances section of the
exam.
Rohan lets a furnished house for £1,000 a month. All rent is received on time.
At the start of the last tax year Rohan purchased:
£
Fridge 600
Washing machine 400
Carpets 2,000
In the last tax year the fridge was sold for £320 and replaced with a similar model costing £620. Also,
the washing machine was scrapped with nil proceeds. It was replaced with an upgraded model costing
£480, although the cost of a similar machine would have been £410.
Other allowable expenditure on the property amounted to £3,000.
Rohan’s property income is:
EXAM SMART
In the TX exam, only use the accruals basis if the question tells you to do so.
An individual/partnership:
(i) can opt to use the accruals basis.
(ii) must use the accruals basis if property income receipts exceed £150,000.
Rental income and related expenses are assessable/deductible on accruals basis in the year to
which they relate.
If a tenant leaves without paying rent, under the cash basis the amount owed is never taxed.
Under the accruals basis the amount owed is a deductible expense. The irrecoverable debt is
called an impairment loss.
Expenditure on plant and machinery is not an allowable expense using the accruals basis, but
capital allowances may be available.
Other rules on allowable expenditure operate in the same way as the cash basis.
Kajel let a property from 1 July 2019 for a rent of £12,000 per annum paid on time, quarterly in advance.
Kajel paid allowable expenses of £200 in December 2019 relating to a burst water pipe and insurance of
£1,400 was paid in July 2019 for the year to 30 June 2020.
Property profits under the cash basis and under the accruals basis are as follows:
Cash basis Accruals basis
£ £
Rental income 12,000 9,000
Less: Allowable expenses (200) (200)
Insurance (1,400) (1,050)
Property income 10,400 7,750
Tara rented out a furnished room in her home throughout the last tax year. She received rent of
£8,500 and incurred allowable expenditure of £2,000 in respect of this room.
Calculate Tara’s property income if:
(i) She claims rent a room relief
(ii) She does not claim rent a room relief
Rachman granted Nick a 40-year lease for a premium of £100,000 plus an annual rent of £3,000.
Rachman’s rental income is as follows:
51−40
(1) One-off (Note) £100,000 × = £22,000
50
(2) Annual £3,000
Note: This arises in the tax year in which the lease is granted.
EXAM SMART
Remember this deduction in exam questions. Seeing traders paying lease premiums should
trigger something in your mind!
In the illustration above, Nick (the lessee, or tenant), would be allowed the rent of £3,000 per
annum as an expense and £22,000/40 = £550 per annum in respect of the premium.
The deduction of £550 would not be in Nick’s statement of profit, so it is always an adjusting item,
see Chapter 5.
Jeevan purchased gilts with a nominal value of £200,000 on 1 July. 3% interest is paid half yearly on
30 June and 31 December.
Jeevan sold the gilts on 30 November to Reyha for £242,500 (including accrued interest).
5
The accrued interest included in the sales proceeds is £2,500 (£200,000 × 3% × ). Jeevan must
12
include the accrued interest of £2,500 as savings income in the tax year even though he has not
received any actual interest.
6
Reyha will receive interest of £3,000 (£200,000 × 3% × ) but will include only £500 (£3,000 - £2,500)
12
of this in her savings income in the tax year of purchase.
On 1 May Chen purchased gilts with a nominal value of £300,000 paying interest at 2%.
Interest was due on 31 March and 30 September.
Chen sold the gilts for £251,500 including accrued interest on 31 December. She had received interest
of £3,000 on 30 September.
How much interest must Chen include in her savings income for the tax year?
45
Self-employment
1 Basis of assessment
General rule: The current year basis (CYB)
Assess the profits of the accounting period ending in the tax year.
E.g. assess taxable profits of the year ended 30 June 2019 in 2019/20.
(4) Profit motive: if selling to raise emergency cash, less likely to be trading
(5) Supplementary work:
In CIR v Cape Brandy Syndicate Blending and bottling brandy from barrels was held to be
trading when brandy was sold.
(6) How the asset was acquired: selling an unwanted gift or inheritance is unlikely to be trading
Taxable profit (put this into the income tax computation, Ch. 2) 15,000
EXAM SMART
Adjustments of profit is in nearly every exam.
The best way to learn which expenses are allowable and which are disallowed is to practise
as many questions as possible.
The general rule is expenses are deductible if incurred wholly and exclusively for trade purposes.
There are many exceptions. Learn the rules below.
Disallowable/allowable items
3.1 Appropriations (i.e. withdrawal of funds from a business)
Appropriations of profit are disallowed. Conversely any expenses of earning profit would be allowed.
Disallowed appropriations Allowable expenses of earning profit
Interest to the owner on capital invested in business Interest on business overdraft, HP contract
Salary/drawings of sole trader/partner
Private proportion of owner’s expenditure, e.g. on Business proportion of expenses
sole trader’s car, telephone etc.
Excessive salary payments to a sole trader’s family Salary paid at a commercial rate for the job
Devan leases a car with a retail price of £14,200 and CO2 emissions of 121g/km. The lease cost is
£1,960 in the year to 31 December 2019. Devan prepares accounts to 31 December.
As the CO2 emissions exceed 110g/km there is a disallowance of 15% x £1,960 = £294. This is added to
the accounting profit in arriving at taxable profits.
The loan to the former employee has been written off. This is not remuneration as the employee has
left so the payment is disallowable and must be added back to arrive at taxable trading profits.
Also, the increase in the general bad debt provision is disallowable – add back £1,260-£1225 = £35.
EXAM SMART
In an adjustment to profits question in the exam where an item would give no adjustment,
for example employee parking fines, you must show this as an adjustment of £0. THIS IS
VITAL: you will not gain the marks available if you do not do this.
ILLUSTRATION
A sole trader has net profits in his accounts of £500,000. The following amounts have been deducted in
arriving at the profit per the accounts:
£
Depreciation 10,000
Advertising the business 2,000
Entertaining clients 1,000
Legal fees re purchase of a new office building 5,000
Calculate the tax adjusted trading profits:
£
Net profit per the accounts 500,000
Add:
Depreciation 10,000
Advertising 0
Entertaining 1,000
Legal fees 5,000
Tax adjusted trading profit 516,000
EXAM SMART
The revenue limit of £150,000 is given in the tax rates and allowances section of the exam.
Taxable trading profits are total cash receipts less total allowable expenses paid.
The cost of plant and machinery (except cars) is an expense. Proceeds of disposals are included
within receipts. Capital allowances (you will meet these in the next chapter) are not available.
For cars, in your exam use approved mileage allowances to calculate the deduction for business
mileage. Ignore actual running and capital costs of owning a car (i.e. no capital allowances).
EXAM SMART
In the exam assume the cash basis is not relevant unless mentioned.
If the cash basis applies assume the flat rate expense adjustment applies.
The flat rate expense adjustment is available to unincorporated businesses generally
but will only be examined in the context of the cash basis.
EXAM SMART
In the TX exam, if the flat rate adjustment for private use of a commercial building is
required, it will be provided in the question.
ILLUSTRATION: PAIVI
However, if Paivi uses the cash basis, her trading profit is:
£ £
Revenue (75,000 – 8,000) 67,000
Less: Office equipment 7,000
Motor expenses (8,000 × 45p) 3,600
Other expenses (2,000 – 600) 1,400
(12,000)
Trading profit 55,000
EXAM SMART
If you are asked to calculate trading profit using the cash basis, begin with revenue received
and make necessary adjustments to this figure. Do not adjust net profit – this is likely to be
complicated and time consuming.
53
Capital allowances
1 Overview
EXAM SMART
Capital allowances are tested in virtually every exam.
Deduct capital allowances (CAs) from adjusted profits to arrive at taxable profits.
Given instead of depreciation.
Treat as expense for an accounting period.
Pro-rate allowances if the accounting period is less than or greater than 12 months long.
2 The allowances
EXAM SMART
All percentages and limits are given in exam.
2.3 Cars
Treatment depends on CO2 emissions (this information will be given in the exam):
(i) Add cars with emissions from 51 g/km to 110g/km to the main pool and write down in
the main pool at 18% per annum.
(ii) New cars with emissions ≤ 50g/km qualify for a 100% first year allowance.
(iii) Add cars with emissions of > 110g/km to the special rate pool and write down at 6%.
For low emission cars under (ii) ALWAYS give full FYA whatever the length of the period of
account/accounting period.
EXAM SMART
Never pro rate FYAs.
Watch out for this – the Examiner likes to test that you know to pro rate the AIA but NOT the FYA.
PLANNING POINT
If expenditure on eligible assets in the period exceeds the AIA limit, if possible, claim AIA on
long life assets and integral P&M in preference to claiming it on assets that could go into the
main pool, thus qualifying for 18% WDA on the excess above the limit.
ILLUSTRATION
Naga prepares accounts to 31 March. On 1 April 2019 the TWDV of her main pool was £96,000. During
the year to 31 March 2020, the following took place:
16 June 2019 Purchased plant for £1,060,000
14 August 2019 Purchased car with CO2 emissions of 108 g/km £22,000
19 August 2019 Purchased new car with CO2 emissions of 50 g/km £28,000
27 February 2020 Sold plant for £12,000. Originally purchased for £10,000
Calculate the maximum capital allowances available for the year.
SOLUTION
AIA/FYA Main pool Allowances
£ £ £
TWDV b/f 96,000
Purchase 1,060,000
AIA (1,000,000) 1,000,000
60,000
Car ≤ 110 g/km 22,000
178,000
Car ≤ 50 g/km 28,000
FYA (28,000) 28,000
Disposal – limited to cost (10,000)
168,000
WDA @ 18% (30,240) 30,240
TWDV c/f 137,760
Allowances 1,058,240
EXAM SMART
This last point above is an important one: it’s often examined and often forgotten by
candidates.
Oggi is a sole trader who makes up accounts to 31 March. Oggi had not previously bought any capital
assets but in the year to 31 March 2020, she purchased two cars:
(i) She spent £10,000 on a car with emissions of 105g/km. This car is used by an employee
and has 20% private use.
(ii) She spent £25,000 on a car with emissions of 120g/km. Oggi uses this car herself. 60% of
her usage is for business purposes.
Oggi can claim capital allowances in respect of these two cars for the year end 31 March 2020 of:
Private use
Main pool asset: car Allowances
£ £ £
TWDV b/f – –
Addition 10,000 25,000
WDA @ 18%/ 6% (1,800) (1,500) × 60% 2,700
TWDV c/f 8,200 23,500
Allowances deducted from taxable profits 2,700
The private use of a car by an employee does not have any effect on capital allowances. Car (i) goes into
the main pool and is given capital allowances as normal.
However, private use by a sole trader restricts the allowances given. Car (ii) must therefore have its own
column. The allowances deducted in the column are the full allowances. The full allowance is pro-rated
by 60% to reflect the business usage and only the pro-rated allowance is actually given to Oggi and
deducted in computing taxable profits.
This rule does not apply to single asset pools (short life asset, private use asset) as they have
rules to write off the balance of the pool after the disposal of the asset.
The tax written down value of Nelson’s main pool at 6 April was £850. Nelson can claim £850 as a
writing down allowance for the year.
Philip has traded for many years making up accounts to 31 March. At 1 April Philip had a main pool
with a TWDV of £6,250 and a car with 20% private use with a TWDV of £10,000.
In the accounting period Phillip:
Sold office equipment for £12,200 (original cost £20,000).
Sold his car for £7,500.
Bought a new Audi with CO2 emissions of 105g/km for £17,500. The Audi has 20% private use.
Capital allowances available are:
4 Year of cessation
No AIA, FYA, or WDA in final accounting period.
Instead there is a balancing allowance or charge on the disposal of assets.
The pro forma calculation for the final year looks like this:
£
TWDV brought forward 10,000
Additions 15,000
Disposal proceeds, or market value if the trader takes over the asset (12,000)
Balancing allowance, effectively a “loss” on cessation 13,000
STEPS
Step 1: Consider how many columns are needed, aim for a separate column for each of:
Step 4: Record disposals. Disposal proceeds are limited to a maximum of original cost.
There will always be a balancing charge or allowance on sale of non-pooled items marked *.
Disposals come out of the relevant pool unless a non-pool item is being sold. Deduct
the disposal of a low emission car from the main pool.
Step 5: If disposal proceeds exceed the value of the pool, calculate a balancing charge.
Juri makes up accounts to 31 March. The tax written down value of the main pool b/f was £22,000 and
the tax written down value of a car at the start of this period was £19,000, CO2 emissions for this car are
110g/km, it is used 70% for business.
The following transactions took place in the year:
£
5 May Purchased equipment 33,000
1 June Purchased car 1 (100g/km) 25,000
5 September Purchased new car 2 (50g/km) 13,000
10 October Purchased car 3 (115g/km) 10,100
5 January Sold a truck (8,000)
15 February Sold car 3 (8,300)
Juri’s capital allowance claim for the year is as follows:
61
Commencement and
cessation of trade
1 Basis periods
Tax (fiscal) year runs from 6 April to 5 April.
Businesses are normally taxed on the CURRENT YEAR BASIS:
This means the profits for a 12-month period ending in the tax year.
E.g. trading year ended 30 June 2019 would be the basis period for tax year 2019/2020.
Special rules apply in:
– the opening years, AND
– when the business ends.
Adjust profit first, (Chapter 5), secondly apply the basis period rules to this adjusted profit.
EXAM SMART
The last point above about the order in which things are done, is important. LEARN IT NOW.
Students often find the basis period rules tricky when they first meet them, so be prepared
to spend some time on this. It is vital that you can apply these rules.
In the first tax year always tax the profits earned from
commencement to 5 April (actual basis)
KEY TERM
Overlap profits are the profits that are taxed more than once in the opening years. These
can be deducted on change of year-end or on cessation of trade.
A change of year end is not examinable in your exam so for your purposes, you will deduct
overlap profits only on the cessation of trade.
Rosa commenced trading on 1 November 2018 and had the following results:
7 months to 31 May 2019 £14,000
Year ended 31 May 2020 £36,000
Year ended 31 May 2021 £48,000
Rosa’s assessable profits will be as follows:
Tax Year Basis Period Working Taxable Profit
EXAM SMART
The number of months of overlap profits always equals the number of months from the
accounting year end to the next 5th April. In the above example, 31 May to 5 April is 10
months.
Mabel commenced trading on 1 July 2018 and had the following results:
14 months to 31 August 2019 £14,000
Year ended 31 August 2020 £21,000
Year ended 31 August 2021 £30,000
Mabel’s assessable profits will be as follows:
SOLUTION
Tax Year Basis Period Working Taxable Profit
Phoebe ceased trading on 30 June 2020, having commenced trading on 1 December 2015. Her results
were as follows:
Year ended 30 November 2016 £9,000
Year ended 30 November 2017 £15,000
Year ended 30 November 2018 £25,000
Year ended 30 November 2019 £30,000
7 months ended 30 June 2020 £21,000
Phoebe’s assessable profits will be as follows:
67
Partnerships
1 Principles
Each partner is taxed on his share of profits as if he were a sole trader.
Partner “salaries” and drawings are not deductible; they are a way of sharing profit.
Profits are shared according to the profit-sharing arrangements of the accounting period.
EXAM SMART
Special care is required when a partner joins or leaves:
He is subject to the normal opening and closing year rules.
The remaining partners will continue on the CYB.
1.2 Losses
Each partner is entitled to the same loss reliefs as sole traders.
Each partner is free to utilise his share of losses in any way he chooses.
Charlie and David have been in partnership for many years sharing profit in the ratio 3:2 after allowing
for a salary of £30,000 per annum for Charlie, (i.e. Charlie gets the first £30,000 of any profit). On
1 May 2018 Kris joined the partnership and the new profit sharing arrangement from this date was:
1 1 1
Charlie ; David ; Kris . No salaries were paid.
2 6 3
The firm has always had a 31 December year end and recent results adjusted for tax purposes and
after the deduction of capital allowances, (i.e. Step 1 already completed in this example) have been as
follows:
£
Year ended 31 December 2017 80,000
Year ended 31 December 2018 90,000
Year ended 31 December 2019 120,000
Required:
Calculate each partner’s assessments for trading profits for the years 2017/18 to 2019/20 and the
overlap profits for Kris.
69
Trading losses
Richard has been trading for many years making up accounts to 5 April. He has the following income
and gains for the tax years ended 5 April. The CGT annual exempt amount is £12,000.
Year 1 Year 2
£ £
Trading profit/(loss) 24,200 (130,000)
Other income 3,800 11,500
Capital gains 50,100 12,000
Richard wishes to relieve his trading loss as efficiently as possible.
Richard’s taxable income and taxable gains for the two tax years are:
STEPS
Step 1: Calculate losses incurred in each tax year by using the same basis periods as for profits,
i.e. actual basis then CYB etc.
The same loss cannot be created in two different tax years. See example below.
Step 2: Calculate profits for tax years as normal, except that if a loss is incurred, the profit for
the year is nil.
Step 3: Set up tax computations for all years, before considering loss relief, but leave gaps for
losses to be inserted.
Step 4: Set up a loss memorandum, a working, to keep track of losses.
Step 5: Relieve losses, according to the Examiner’s instructions.
You may have to consider marginal rates of tax, the utilisation of personal allowances and cash flow.
ILLUSTRATION: AARON
Aaron commenced a trade on 1 January 2019. Adjusted trading results, after capital allowances, were:
Year ended 31 December 2019 £(14,000) loss
Year ended 31 December 2020 £5,000 profit
Year ended 31 December 2021 £12,500 profit
Prior to being self-employed, Aaron was employed as a tutor, when his earnings were:
2018/19 £5,000
2015/16 to 2017/18 per annum £75,000
Aaron’s trading loss can be utilised as follows: (Assume current rates apply to all years.)
STEPS
Step 1: Calculate trading losses (same basis periods as for profits)
£
2018/19 Actual basis 1 January 2019 – 5 April 2019 = 3/12 × 3,500
£14,000
2019/20 CYB Year ended 31 December 2019 14,000
Less: loss already utilised in 2018/19 (3,500)
Allowable loss 2019/20 10,500
Note the total loss available is £3,500 + £10,500 = £14,000
2020/21 CYB Year ended 31 December 2020 No loss
Step 2: Calculate taxable profits for all years, using normal opening year rules
£
2018/19 Actual basis 1 Jan 2019 – 5 April 2019 Nil
2019/20 CYB Year ended 31 December 2019 Nil
2020/21CYB Year ended 31 December 2020 5,000
2021/22 CYB Year ended 31 December 2021 12,500
Step 3: Produce income tax computations, leaving gaps for losses
2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22
£ £ £ £ £ £ £
Trading profit nil nil nil nil nil 5,000 12,500
Trading loss b/f
Earned income 75,000 75,000 75,000 5,000 nil nil nil
Total income 75,000 75,000 75,000 5,000 nil 5,000 12,500
Loss relief v total income
Net income
Looking at the figures above, it is obvious that Aaron should carry losses back three years rather than
using them in 2018/19 or 2019/20. This will trigger a repayment of tax suffered at 40%. If Aaron
claimed against the first loss making year he would not recover any tax as his income is covered by
personal allowances in 2018/19.
Step 4: Loss memorandum
£
2018/19 loss 3,500
Set against TOTAL INCOME 2015/16 (3,500)
C/f Nil
Step 5: Relieve losses according to the Examiner’s instructions. See solutions at back of
Question Bank.
Trading loss plus unrelieved overlap profits (if profit overall, show nil here) X
Remainder of final 12 months trading up to 5 April:
Trading loss (if profit overall, show nil here) X
X
Praj had the following results prior to ceasing trade on 31 October 2019.
£
Year ended 31 December 2016 14,000
Year ended 31 December 2017 5,000
Year ended 31 December 2018 9,000
10 months ended 31 October 2019 (20,000)
Overlap profits from commencement were £2,000.
Praj’s terminal loss, and terminal loss relief, is:
EXAM SMART
The cap will be examined only where loss relief is claimed against total income for the tax
year in which the loss arose and/or the preceding year.
The cap does apply in certain other circumstances, but you do not need to worry about this.
In the current year to 5 April Jo made a trading loss of £145,000. She made a trading profit of £30,000
in the prior year and had employment income of £125,400 each year.
Assume the personal allowance is £12,500 in both years and Jo claims trading loss relief against her
total income of the current and the previous year. Her taxable income will be:
Prior year Current
year
£ £
Trading profit 30,000 0
Employment income 125,400 125,400
155,400 125,400
Loss relief (80,000) (50,000)
75,400 75,400
Personal allowance (12,500) (12,500)
62,900 62,900
Current year loss relief is capped at £50,000 as this is higher than £31,350 (125,400 × 25%).
Prior year loss relief against the trading profit of £30,000 is not capped but relief against other
income is capped at £50,000 (the cap is the higher of £50,000 and 25% × £155,400 = £38,850).
Total relief is £80,000 (30,000 + 50,000).
The balance of the loss of £15,000 (145,000 – 50,000 – 80,000) is carried forward against future
profits of the same trade.
EXAM SMART
Strangely, the cap is beneficial here. The cap results in most of the loss being relieved against
income otherwise taxable at the higher rate, while personal allowances are available in full
for both tax years.
77
10
Pensions
3 Annual allowance
A tax charge arises if gross tax relievable contributions exceed available annual allowances.
The annual allowance is £40,000.
KEY TERM
Adjusted income for an employee is net income PLUS:
Employee contributions to an occupational pension scheme (these will have been
deducted in computing net income),
AND
Employer contributions to either an occupational or a personal pension scheme.
KEY TERM
Adjusted income for the self-employed is net income.
ILLUSTRATION
Alexei has trading profit of £196,000. He has not previously been a member of a pension scheme.
Alexei’s tapered allowance is:
£
Annual allowance 40,000
£196,000−£150,000 (23,000)
Less: Taper ( )
2
17,000
Baila and Amit made the following gross personal pension contributions:
Baila Amit
£ £
2016/17 28,000 40,000
2017/18 Nil 27,000
2018/19 30,000 Nil
Baila was not a member of a pension scheme in 2017/18. Amit was a member of a pension scheme in
all three tax years. Neither Baila or Amit’s adjusted income exceeds £150,000 for any tax year.
Baila has unused allowances of:
£12,000 from 2016/17
£Nil from 2017/18 (allowance is lost as Baila was not in a pension scheme that year).
£10,000 from 2018/19
Available allowances for 2019/20 are £62,000 (£40,000 + £10,000 + £12,000) so Baila can invest up to
£62,000 gross in a personal pension without incurring an annual allowance charge (see below).
Amit has unused allowances of £Nil in 2016/17, £13,000 in 2017/18 and £40,000 in 2018/19. Available
allowances for 2019/20 are £93,000 (£40,000 + £13,000 + £40,000) so Amit can invest up to £93,000
gross in a personal pension without incurring an annual allowance charge (see below).
Chen has adjusted income of £200,000 each tax year. He made the following gross personal pension
contributions:
£
Year 1 9,000
Year 2 12,000
Year 3 10,000
What amount of unused allowances does Chen have to carry forward to year 4?
EXAM SMART
The following will be given on your exam paper:
Annual allowance £40,000
Minimum allowance £10,000
Income limit £150,000
The maximum contribution that can qualify for tax relief without any earnings is £3,600.
EXAM SMART
The lifetime allowance is not included in the tax rates and allowances section of the TX-UK
exam, so you need to learn this figure.
(iii) leave the funds in the pension scheme and withdraw cash when required.
A withdrawal may include a one-off tax-free lump sum of up to 25% of the pension fund.
The maximum tax-free lump sum is 25% × lifetime allowance.
Apart from the tax-free lump sum, all other income taken from a pension is taxed as non-
savings income at the individual’s marginal rate.
Withdrawing the whole amount in one year could give rise to a large tax liability if it results in
the taxpayer’s income extending beyond the basic and higher rate band limits.
The lifetime allowance limits the total funds that can be accumulated tax free in a scheme. If the
limit is exceeded an additional income tax charge applies when funds are withdrawn.
EXAM SMART
The detailed rules for the additional income tax charge are not examinable.
83
11
National insurance
1 Class 1 NIC
Employee (Class 1 Primary NIC)
Employees suffer Class 1 at 12% on ‘gross earnings’ from £8,632 to £50,000 per year, and at 2%
on gross earnings above £50,000.
Earnings include gross pay, including cash equivalent benefits like shopping vouchers but
exclude benefits which cannot be turned into cash, like company cars.
Class 1 contributions - payable by employees aged 16 or over until they reach state pension
age.
EXAM SMART
You will be given national insurance rates and the amount of the employment allowance on
your exam paper.
EXAM SMART
For this exam, assume that the business pays tax and NIC electronically.
2 Class 2 (self-employed)
Class 2 NICs are payable by any self-employed individual who:
Is aged over 16 but is not of state pension age.
Has tax adjusted profits that exceed £6,365.
Flat rate - £3.00 per week.
HMRC collect Class 2 NICs through the self-assessment system. Payment is due by 31 January
following the end of the tax year along with the balancing payment for income tax and Class 4
NIC (See Chapter 22).
HMRC can collect unpaid Class 2 by including the unpaid amount in a person’s tax code.
3 Class 4 (self-employed)
Class 4 NICs are payable by self-employed individuals who are aged 16 or over at the start of
the tax year until the end of the tax year in which they reach state pension age.
9% on profits from £8,632 to £50,000 plus 2% of profits above £50, 000.
Profits means trading profit adjusted for income tax purposes (see chapter 5), less trading
losses.
Class 4 NIC is payable with income tax on profits. (See Chapter 22.)
Mr Brice is employed by ABC plc. His salary is £80,000 and he has a company car that creates a taxable
benefit of £15,000 per annum.
Required:
Calculate the Class 1 primary,secondary and Class 1A NICs payable on Mr Brice’s salary and benefits,
stating who suffers the cost, who pays and when the NIC is due (ignore the employment allowance).
SOLUTION
(a) Employee Class 1
£
£41,368 (£50,000 - £8,632) × 12% 4,964
£30,000 (£80,000 - £50,000) × 2% 600
5,564
Suffered by Mr Brice, collected by employer along with income tax under the PAYE system as
Mr Brice is paid (e.g. monthly), and then paid to HMRC on the 22nd of each month following the
month in which the salary is paid.
(b) Employer Class 1
£71,368 (80,000 – 8,632) × 13.8% £9,849
Suffered by ABC plc and paid on the 22nd of each month following the month in which the salary
is paid.
(c) Class 1A
13.8% × £15,000 £2,070
Suffered by ABC plc and payable on 22 July following the end of the tax year.
Nicholas is a partner in FI and his share of profits for the year was £80,000.
£
Class 2 NI 52 × £3.00 = 156
Class 4 NI 9% £41,368 (50,000– 8,632) = 3,723
Plus 2% £30,000 (80,000 – 50,000) = 600
4,479
87
12
1 Scope of CGT
UK resident individuals are liable to CGT on the disposal of chargeable assets worldwide.
For this exam, assume non-residents do not pay CGT.
Companies pay corporation tax on chargeable gains.
A CGT computation looks like this:
Qualifying for
entrepreneurs’ Residential
Gains: relief Other gains property
£ £ £
Main residence (Ch. 14) 20,500
Shares in B Ltd (Ch. 15) 120,000
Shares in A plc (Ch. 15) 14,100
Painting (Ch. 13) 11,000
Part disposal (Ch. 12) 15,000
Chargeable gains 120,000 40,100 20,500
Annual exempt amount (AEA) (0) (0) (12,000)
Taxable gains 120,000 40,100 8,500
CGT at 10% × £120,000 £12,000
CGT at 20% × £40,100 £8,020
CGT at 28% × £8,500 £2,380
The THREE columns are very important as a different tax rate applies to assets in each of the
columns.
2 Exempt assets
EXEMPT EXEMPT
Wasting chattels (see later) National savings certificates
Foreign currency for private use Cars
Animals (including racehorses etc.) Premium bonds
Decorations for valour, unless purchased Transfers on death
Gilts (government stock) sold by individuals QCBs (corporate loan stock) sold by individuals
EXAM SMART
If an asset is exempt, you should state this in your exam answer in order to gain the marks
available for knowing this. Do not just ignore the asset – you will not gain any marks for just
ignoring it.
In 2019/20:
(1) Olly has taxable income of £29,000 and makes taxable gains of £21,500.
(2) Alice has taxable income of £5,000 and makes taxable gains of £17,000.
None of the gains were made on the disposal of residential property.
Olly and Alice’s CGT liabilities for 2019/20 are:
Extend the basic rate band by gross personal pension contributions and gross Gift Aid donations:
Bruce has taxable income of £33,370 and pays net personal pension contributions of £4,400. He sells a
painting for £48,500 incurring sales commission of £2,500. He bought the painting for £7,500, plus fees
of £500. The CGT due is:
4 Capital losses
Set capital losses against current capital gains, even if this wastes the annual exempt amount.
Current losses cannot be restricted.
Carry forward excess capital losses to set against future capital gains, after deducting the AEA
for the future years (i.e. restrict brought forward losses to allow use of the AEA).
So, the pro forma computation for this is:
£
Chargeable gain in year X
Less: Allowable loss in year (X)
Net chargeable gain in year X
Less: Annual exempt amount (X)
X
Less: Loss b/f (X)
Taxable gain X
Chargeable gains are the gains before deduction of the AEA or brought forward losses.
Taxable gains are gains after deduction of the AEA and brought forward losses.
Set capital losses off in the following order:
First against gains on residential property.
Next against other gains not qualifying for entrepreneurs’ relief (see below), and
Finally against any gains qualifying for entrepreneurs’ relief.
Clarence had taxable income of £20,000. Clarence sold a painting and made a gain of £36,000. He also
sold a vase, incurring a loss of 10,000. He had capital losses brought forward of £18,000.
The capital loss carried forward at the end of the tax year is:
5 Part disposals
A
The allowable cost of a part disposal is calculated by using the formula where:
A+B
Raj owns 10 hectares of land. The land cost £100,000. Raj sold 4 of the 10 hectares for £350,000 net of
£20,000 commission, when the remaining 6 hectares were worth £400,000. The land is not a business
asset. This was Raj’s only disposal.
Raj’s taxable gain as a result of the part disposal of the land is:
6 CGT on death
On death, the transferee is deemed to have acquired the asset for its market value at the date
of the transferor’s death, even if the transferee is the spouse of the deceased.
There is no CGT on death.
7 Inter-spouse transfers
Spouse 2 replaces spouse 1 as owner:
Spouse 2 is deemed to acquire the asset at cost at the date spouse 1 acquired it.
The only exception is if spouse 1 dies and leaves the asset to spouse 2. In this situation,
spouse 2 takes on the asset at probate value, i.e. MV at the date of spouse 1 death.
Allocate gains on jointly owned assets between spouses.
Each receives the annual exempt amount.
8 Connected persons
Transfers between connected persons (other than inter-spouse transfers) are deemed made at
market value. The actual selling price is ignored.
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13
KEY TERM
Chattels are tangible movable property, e.g. vases, paintings, furniture, jewellery,
greyhounds, racehorses. That is things you can see, touch and move. Not shares, or
buildings, or leases.
ILLUSTRATION: CHATTELS
Marcus sold a painting for £6,500 (gross of 10% commission). He had purchased the painting
15 months earlier for £4,000.
£
Proceeds (6,500 – 650) 5,850
Cost (4,000)
1,850
Gain restricted to 5/3 (6,500 – 6,000) £833
2.1 Losses
If a non-wasting chattel is sold at a loss, the deemed proceeds are £6,000 (before selling costs). This
rule cannot be used by HMRC to convert a loss into a gain.
Shula bought a painting for £8,000 and sold it three years later for £4,200. Shula’s capital loss is:
£
Deemed proceeds 6,000
Cost (8,000)
Loss (2,000)
3 Summary
Cost ≤ £6,000 Cost > £6,000
Proceeds ≤ £6,000 Exempt Proceeds deemed to be £6,000 (restricts loss)
Proceeds > £6,000 Normal gain or, if lower, Normal gain or loss
5/3 (gross proceeds – £6,000)
4 Chattel scenarios
Review the following scenarios for chattels to test your understanding of the rules:
Cost Proceeds Gain/(Loss) Reasoning
£ £ £
3,000 5,000 Nil Cost and proceeds < £6,000
5,000 3,000 Nil Cost and proceeds < £6,000
5,000 7,000 1,667 5/3 × (£7,000 – £6,000)
7,000 5,000 (1,000) Deemed proceeds £6,000
10,000 (plant) 7,000 Nil Losses on plant are covered by capital allowances
7,000 (plant) 10,000 3,000 Cost and proceeds > £6,000 – gains on plant are
treated as non-wasting chattels
97
14
CGT reliefs
1 Introduction
There are four examinable reliefs. There is normally at least one tested in each exam.
The reliefs are:
(1) Principal private residence relief (PPR)
(2) Rollover relief
(3) Gift relief
(4) Entrepreneurs’ relief (ER)
EXAM SMART
The four reliefs above are available to individual taxpayers who pay capital gains tax on
their gains.
The only ONE relief available to a company is rollover relief.
It is worth noting this now as weaker students often waste time in exams giving a company the
other reliefs.
Also note that:
(i) Companies do not pay capital gains tax. Instead they pay corporation tax on their gains.
(ii) Companies are not given an AEA.
STEPS
Step 1: Calculate gain on disposal of asset.
Step 2: Consider relief to reduce or eliminate gain.
Step 3: Deduct current losses.
Step 4: Deduct the AEA, and finally any losses b/f.
Set losses and AEA against
(i) Residential property gains, then
(ii) Non-ER gains, then
(iii) ER gains.
Step 5: Calculate CGT at 18%, 28%, 10% or 20%
The rate depends on the type of asset and which band the gain falls in.
Step 6: Calculate base cost of asset/replacement asset as necessary.
The gain that is taxable, after any available AEA, is taxed at residential property rates.
Deemed occupation Condition
Last 18 months of ownership Must have lived in the house at some point in the past
Up to three years for any reason Must have lived in the house at some point before and after absence
Up to four years when the Must have occupied the house at some point before absence but no
employee required to work need to re-occupy after absence if work prevents you from doing so
elsewhere in the UK
Any period when the employee Must have occupied the house at some point before absence but no
required to work outside the UK need to re-occupy after absence if work prevents you from doing so
Pavel bought his house in London on 1 February 2004 for £200,000. He sold it on 1 August 2019 for
£751,900. Pavel lived in the house from the date of acquisition to 1 March 2006. He moved out
because his job was re-located to Bristol. Pavel re-occupied on 1 March 2011. Pavel stayed in the
house until 1 July 2014 when he moved out for good to live with his girlfriend.
Pavel’s taxable income for 2019/20 is £61,000. He did not dispose of any other capital assets.
Calculate Pavel’s capital gains tax payable for 2019/20.
If the property is part let, the last 18 months is deemed to be fully occupied by the owner, if at some
point the property was occupied exclusively by the owner.
If the property was always part let the 18-month rule does not apply.
John bought a house on 1 January 2007 for £100,000. He sold it on 1 January 2020 for £484,900. From
1 January 2010 to the date of sale, John let out a third of the house.
£
Proceeds 484,900
Cost (100,000)
Gain before PPR relief 384,900
Exempt Chargeable
1.1.07 to 1.1.10 (fully occupied) 36
1.1.10 to 1.7.18 (part let) 68(2/3) 34(1/3)
1.7.18 to 1.1.20 (last 18 months) 18
122 34
Therefore PPR relief (122/156 × £384,900) (301,012)
Gain before letting relief 83,888
Letting relief, lowest of:
£
Gain in let period 34/156 × 384,900 83,888
PPR relief 301,012
Monetary limit 40,000
Therefore (40,000)
Chargeable gain 43,888
3 Rollover relief
Individuals (and companies) can defer (rollover) a gain on the sale of a qualifying asset if they purchase
a replacement qualifying asset.
3.1 Conditions
Old and new assets must be used in a trade or trades carried on by the taxpayer.
Does not have to be the same trade, you could sell a farm and buy a space station.
New asset must be purchased in the 4-year window running from 12 months before to
36 months after the sale of the old asset.
Qualifying assets Qualifying assets
Land and buildings Fixed plant and fixed machinery
Goodwill Ships, aircraft and hovercraft
Satellites, space stations and spacecraft
Goodwill for companies is not a qualifying asset as it falls within the intangibles regime instead.
Shares do not qualify, so no rollover relief on sale or purchase of shares.
Bhanu sold a freehold office building for £290,600. The building had been purchased for £148,000.
Bhanu purchased a replacement building for £250,000 four months after the sale of the original
building.
Calculate Bhanu’s chargeable gain on the sale of the old building assuming rollover relief is claimed
and state what the base cost of the replacement building will be.
The chargeable gain on the sale of the old building is:
£
Proceeds 290,600
Cost (148,000)
Gain before relief 142,600
or
The proceeds not re-invested (£290,600 – £250,000) = £40,600
Bhanu’s gain will be £40,600 as this is lower than the actual gain of £142,600.
The base cost of the new building will be £250,000 less the balance of the gain (not taxed) on the sale
of the old building (£142,600 – £40,600).
£
New building 250,000
Gain rolled over on sale of old building (142,600 – 40,600) (102,000)
Base cost of building 148,000
4 Gift relief
EXAM SMART
Remember that gifts and sales at under-value are deemed to have been sold for market
value. This is important.
On 15 March 2020, Dillon sold 25,000 shares in Soaked Ltd, an unquoted trading company, for
£250,000. Dillon purchased the shares from his mother on 1 June 2018 for £140,000.
Dillon’s mother had purchased the shares on 15 October 2011 for £128,000. Dillon and his mother
elected to hold over the gain arising on the transfer between them as a gift of a business asset. The
market value of the shares on 1 June 2018 was £188,000.
The chargeable gain arising on Dillon’s disposal on 15 March 2020 is:
4.4 Shares
If giving shares away, gift relief is restricted as follows:
Gain × Chargeable business assets found in the company’s Statement of Financial Position, see
Chargeable assets Illustration (Jake) below.
Chargeable assets include any asset that, if sold, would be subject to CGT.
Chargeable business assets = chargeable assets excluding non-business assets (e.g. paintings, vases,
investments.)
EXAM SMART
Look out for a question giving lots of detail about a company’s statement of financial position.
ILLUSTRATION: JAKE
Jake gave 5,000 shares in Z Ltd to Mabel. The market value of the shares at that date was £18,000. Jake had
bought the shares for £7,000. Jake and Mabel elected to hold over as much of the gain as possible.
Z Ltd’s statement of financial position contained the following assets:
£
Factory 100 CA and CBA
Painting 10 CA not CBA
Net current assets 40 Not chargeable, ignore
150
Share capital 80
Reserves 70
150
£
Deemed sale proceeds (market value) 18,000
Cost (7,000)
Gain 11,000
Gift relief: £11,000 × 100/110 = (10,000)
Jake’s chargeable gain 1,000
Barry sold 30% of B Ltd, an unquoted trading company. This resulted in a gain of £789,000. Barry had
owned the shares for six years and had always been an employee of B Ltd. Barry’s annual exempt
amount had already been set against other gains he had made in the year.
Barry’s CGT liability is:
In 2019/20 Rosie had taxable income of £4,000 and capital losses of £28,000 brought forward. She sold
a business that she had run as a sole trader for many years. This resulted in the following capital gains:
£
Goodwill 360,000
Freehold office building 270,000
Freehold warehouse (Never used for business purposes) 171,000
801,000
6 Investors’ relief
For entrepreneurs’ relief to be available on a share disposal , the individual has to be an
employee of the company and hold a minimum 5% shareholding.
Relief is extended to external investors in unlisted trading companies. The extended relief is
known as investors’ relief. There is no minimum shareholding for this relief.
Investors’ relief has its own separate £10 million lifetime limit, with qualifying gains being taxed
at 10%.
To qualify for relief shares must be:
(i) Newly issued shares acquired by subscription
(ii) Owned for at least 3 years after 6 April 2016.
With certain exceptions (such as being an unremunerated director) the investor must not be an
employee or director whilst owning the shares.
In April 2016 Caleb subscribed for 10,000 ordinary shares in Box Ltd at par value. Box Ltd is an unquoted
trading company with 500,000 £1 shares in issue. Caleb has never been an employee or director of the
company. He sold his shares in Box Ltd on 19 August 2019 for £610,000.
Does Caleb’s disposal qualify for entrepreneurs’ relief or investors’ relief?
What CGT liability arises on the disposal?
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1 Introduction
Special rules apply to identify which shares have been sold if an individual has made multiple
purchases of shares in a particular company, for example 50 different purchases of Vodafone shares.
Matching rules
Match disposals with acquisitions in the following order:
(1) Same day acquisitions,
(2) Acquisitions in the 30 days following the sale (bed and breakfast),
(3) Shares in the share pool (all other acquisitions).
3 Bonus issues
Bonus issues are made for no consideration.
Bonus shares are added to the original acquisitions. We ignore the date of the bonus issue.
The normal share matching rules are applied after the bonus shares have been allocated.
4 Rights issues
A rights issue is simply a purchase of more shares by existing shareholders.
A rights issue is treated in the same way as a bonus issue for the purposes of allocating the
rights shares.
The cost of the rights shares is simply added to the cost of the original shares held.
5.2 Takeovers
On a takeover the same principle applies. Provided the takeover is a “paper for paper” takeover,
(shares and/or loan notes received), no gain crystallises at the time of the takeover.
If the takeover is funded wholly or partly in cash then a chargeable gain will crystallise at the
date of takeover.
Lisa bought 1,000 shares in Coke! plc, a quoted company, for £16,000 in May 2010.
Seven years later Coke! was taken over by noveg4me plc. For every Coke! share, Lisa received:
£
Cash 4
Three noveg4me shares (MV £6 each) 18
22
Five years after the takeover, Lisa sold her noveg4me shares for £30,000.
Capital gains/losses arising as a result of these transactions are:
111
16
Inheritance tax
3 Transfers of value
Anything that causes a diminution in value in the donor’s estate.
The measure is the loss for the donor, not the increase in the donee’s wealth.
Transfers made to a spouse / civil partner in lifetime or on death are exempt transfers.
There is no transfer of value:
Where there is no gratuitous intent (e.g. accidentally sell a valuable asset for little
money); or
The payment is for the maintenance of the family (e.g. payments to a spouse or by a
parent for a minor child).
Mike owned 70% of FI Ltd. He gave 25% of the share capital to his son. Relative values are:
£
70% holding 300,000
45% holding 140,000
25% holding 50,000
Mike’s transfer of value is as follows:
5.3 Exemptions available ONLY against lifetime transfers (CLTs & PETS)
5.3.1 Small gifts exemption
≤ £250 per donee per tax year
If you give someone £251, there is no small gifts exemption
EXAM SMART
For an easy mark, remember to state on the exam paper that a gift from the list above
or a transfer from a spouse/civil partner is exempt.
Don’t just ignore an exempt gift as you won’t get the mark for it.
After you have stated that a gift is exempt you can then ignore that gift.
During the current tax year, Tony made the following gifts having never previously made any gifts to
anyone:
July £2,900 to Mabel
October £3,600 to Harry
January £450 to Phoebe
Tony’s transfers will be covered by the annual exemption as follows:
KEY TERM
The gross gift is called a “gross chargeable transfer” (an important term).
EXAM SMART
The Examiner will give you the amount of any nil rate band needed in a question.
Deal with gifts made within 7 years of death in chronological order before dealing with the death estate.
Taper relief
Taper relief reduces IHT due on death if a gift is made more than 3 years before death.
The % of tax due depends on the number of years the donor survived after the gift was made.
EXAM SMART
The following table will be given in the exam. You do not need to learn it, but remember to
look out for the possibility of taper relief being available.
Tanish died on 15 July 2020. He made the following gifts during his lifetime:
June 2012 Gift to trust (Trustees paid any lifetime tax) £206,000
June 2016 Gift to daughter £375,000
The inheritance tax arising on the above gifts as a result of death will be:
EXAM SMART
Note: Setting annual exemptions against the death estate is a common error!
Rohan’s wife died in January 2009 when the nil rate band was £312,000. Rohan’s wife used £156,000 of
her nil rate band.
Rohan died in 2019.
What is the total nil rate band available on Rohan’s death?
Firstly, work out what percentage of the nil rate band was not used when Rohan’s wife died:
156,000
× 100 = 50%
312,000
50% of the nil rate band at the date of Rohan’s death can be added to his own nil rate band:
Rohan’s available nil rate band on death is
£
Transfer from wife (50% × £325,000) 162,500
Rohan’s nil rate band 325,000
Total 487,500
ILLUSTRATION
Satpal died on 7 October 2019 leaving an estate valued at £875,000. Under the terms of his will,
Satpal’s estate was left to his children. The estate included a main residence valued at £250,000.
The IHT liability is:
£
£475,000 (£325,000 + £150,000) at nil% 0
£400,000 at 40% 160,000
IHT liability 160,000
In the same way in which any unused normal nil rate band can be transferred to a surviving
spouse/civil partner, the residence nil rate band is also transferable. It does not matter when
the first spouse died.
Neil died on 19 November 2019 leaving an estate valued at £1,125,000. Neil left his estate to his
children. The estate included a main residence valued at £300,000. Neil’s wife had died on 5 May
2010. She had used all of her nil rate band of £325,000. Neil had not made any lifetime gifts.
Calculate the IHT liability on Neil’s estate.
The value of the main residence is after deducting any repayment or interest-only mortgage
secured on the property.
If a main residence is valued at less than the available residence nil rate band, then the
residence nil rate band is reduced to the value of the residence.
As the residence nil rate band is only available where inheritance is by direct descendants,
rearranging a will can save IHT.
ILLUSTRATION
Dan has an estate valued at £1,500,000, including a main residence valued at £400,000. He has not
made any lifetime gifts. Dan’s wife died in 2008 and all of her estate was left to Dan. Dan has left his
main residence to his brother, with the residue of the estate to his children.
Dan’s estate will benefit from a nil rate band of £650,000 (325,000 + 325,000) but the residence nil
rate band is not available because the main residence will not be inherited by a direct descendant.
Dan could amend his will so that his brother inherits £400,000 of other assets, with the main residence
being included within the residue. A residence nil rate band of £300,000 (150,000 + 150,000) would
then be available, saving IHT of £120,000 (300,000 at 40%).
Dan’s brother could purchase the main residence from the children after Dan’s death.
EXAM SMART
A question will make it clear if the residence nil rate band is available. If there is no mention
of a main residence, assume that it is not available.
9 Payment of IHT
Lifetime tax
Transfer between 6 April and 30 September : Tax due next 30 April
Transfer between 1 October and 5 April : Tax due 6 months after the end of month of
transfer
STEPS
Step 1: Categorise each lifetime transfer
EXAM SMART
For an easy mark, remember to state on the exam paper that a gift is exempt.
Don’t just ignore an exempt gift as you won’t get the mark for it.
After you have stated that a gift is exempt you can then ignore that gift.
Step 2: Deal with each lifetime transfer and calculate the lifetime tax on any CLT
Step 3: Identify PETs or CLTs made in the 7 years before death and calculate death tax on them
Deal with each transfer in chronological order and make separate calculations.
PETs more than 7 years before death are now fully exempt and no death tax is payable.
EXAM SMART
For an easy mark, state when a PET is fully exempt on the exam paper.
It may be obvious, but if you do not state the obvious you will not get the mark.
EXAM SMART
Deducting the annual exemption from the death estate is a common mistake – do not make
it!
Duke, who had never married, died on 15 January 2020, leaving a death estate valued at £500,000.
Duke made the following gifts during his lifetime:
December 2012 Gift to son £250,000
February 2013 Gift to discretionary trust £425,000
May 2015 Gift to daughter £463,000
The nil rate band was £325,000 in all years.
Required:
Calculate the inheritance tax arising as a result of Duke’s death. State the due date for payment of any
IHT and who is responsible for paying the tax.
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17
Corporation tax
1.1 Residence
A company is resident in the UK if it is:
Incorporated in the UK, or
Has its centre of management and control in the UK, e.g. board meetings are held in the UK.
KEY TERMS
Accounting period (max 12 months) is the period for which taxable total profits are calculated.
Period of account: A period, (usually 12 months), for which a company prepares accounts
(periods of account may be up to 18 months). A long period of account (> 12 months) must
be split into two accounting periods.
S Ltd incorporated on 1st February 2018, opened an interest-bearing bank account on 1st March 2018
and started to trade on 1st April 2018. It prepared its first set of accounts to 31st December 2018 and
its second set of accounts to 31st December 2019.
Its chargeable accounting periods are:
CAP 1: 1st March 2018-31st March 2018
(When acquired a source of chargeable income to when started trading)
CAP 2: 1st April 2018 – 31st December 2018
(The end of the prior CAP to the earlier of the end of the period of account and 12 months later)
CAP 3: 1st January 2019 – 31st December 2019
(The end of the prior CAP to the earlier of the end of the period of account and 12 months later)
Capital allowances are calculated for an accounting period, not a period of account.
Capital allowances are calculated exactly as for unincorporated businesses EXCEPT that any
private use of company assets by employees or directors is ignored.
As a company cannot have a long accounting period capital allowances will never be calculated
for a period which is longer than 12 months. (If the period is short, capital allowances are pro-
rated in exactly the same way as they would be for an unincorporated trader.)
FP Ltd’s profit per its accounts is £110,500. The following amounts are included in arriving this figure:
£
Miscellaneous expenses 5,000
Depreciation of office building 10,000
Property business profit 12,000
Non-trading loan interest receivable 8,000
Chargeable gains 2,000
Dividends from UK companies 1,500
Miscellaneous expenses include a qualifying charitable donation paid to Oxfam of £3,000 and £2,000 of
allowable expenses.
Tax adjusted trading profits are:
EXAM SMART
It is VITAL that you remember how a long period of account is split. If you get the split wrong
you will get very few marks for the question.
Learn it now. TWELVE MONTHS AND THEN THE REMAINDER.
Qualifying charitable donations Allocate to the period in which they are paid
Dividends from companies other than related 51% group companies are included in augmented
profits in the accounting period in which they are paid. Therefore, these dividends affect when
the corporation tax liability is paid (see chapter 23).
Grove Ltd made up accounts for 15 months to 30 June and had the following results:
£
Trading profit 150,000
Non-trade interest income: (accruing £1,000 a month for first 10 months, then £5,000 a 35,000
month)
Property business profits - £3,000 per month 45,000
Capital gain (disposal on last day of 15-month period) 50,000
Qualifying charitable donations (paid 30 September) (10,000)
270,000
KEY TERM
A financial year runs from 1 April to the following 31 March and is identified by the calendar
year in which it begins.
The year commencing 1 April 2019 is the financial year 2019.
EXAM SMART
Take care not to confuse financial years with tax years for income tax purposes. This is a
common mistake – the latter run from 6 April in one year to 5 April in the next.
The rate of corporation tax for financial years 2017, 2018 and financial year 2019 is 19%.
The rate of corporation tax for financial year 2016 was 20%.
EXAM SMART
The corporation tax rates will be given to you on your exam paper.
The illustration below shows how CT is calculated when an accounting period falls into
two financial years with a change of rate. However, given that the CT rate has been 19%
for the past three years, it is unlikely that you will have to deal with this split.
ILLUSTRATION: CT RATES
For the year ended 31 December 2017, Real Ltd has taxable total profits of £900,000.
Real Ltd’s corporation tax liability for the year is:
As the company’s accounting period straddles 31 March the corporation tax liability is calculated as:
£
Financial year 2016 £900,000 x 3/12 = £225,000 at 20% 45,000
Financial year 2017 £900,000 x 9/12 = £675,000 at 19% 128,250
Tax liability 173,250
Second Place Ltd prepared accounts for the 18 months to 30 September 2019. The company’s only
income for this period of account was trading profits adjusted for tax purposes of £360,000. Calculate
the corporation tax liability for the period.
The long period of account must be split into two accounting periods:
Year to Six months to
31 March 2019 30 Sept 2019
£ £
Trading profits 240,000 120,000
TTP 240,000 120,000
Note: It is VITAL that you split a long period of account into two periods.
135
18
Corporate gains
1 Introduction
The rules for corporate disposals are similar to those for individuals but there are FIVE important
differences:
(i) Companies DO NOT receive the annual exempt amount.
(ii) Companies pay corporation tax on chargeable gains, they DO NOT pay CGT.
(iii) Gains are included in a corporation tax computation net of current AND b/f capital losses.
(iv) There are slightly different share matching rules for companies (see below).
(v) Companies may benefit from an indexation allowance.
Previously the indexation allowance ran from the month of acquisition of an asset
to the month of disposal. However, the indexation allowance has been frozen at
December 2017.
When an asset is purchased prior to December 2017 and subsequently sold, then
the indexation allowance is given from acquisition to December 2017.
No indexation allowance is available on an asset purchased from January 2018
onwards.
EXAM SMART
If indexation is available in your exam, then indexation factors will be provided. You do
not need to know how to calculate an indexation factor. A deduction is given for the
cost incurred multiplied by the indexation factor (see below).
ILLUSTRATION
D Ltd sold a factory on 15 February 2020 for £420,000. The factory was purchased in October 1995 for
£164,000 and was extended at a cost of £37,000 during March 2018.
Indexation factors are:
October 1995 to December 2017 0.856
October 1995 to February 2020 0.899
March 2018 to February 2020 0.029
The chargeable gain is as follows:
£
Disposal proceeds 420,000
Less: cost (164,000)
Less: enhancement expenditure (37,000)
219,000
Indexation allowance (£164,000 × 0.856) (140,384)
78,616
There is no indexation for the enhancement expenditure as it was incurred after December 2017.
On 20 June 2019 M Ltd sold 62,500 shares in Joi plc for £287,500. M Ltd had originally purchased
100,000 shares on 10 June 1997 for £85,000.
On 12 December 2013 Joi plc made a 1:4 bonus issue.
Indexation factor:
June 1997 to December 2017 0.780
June 1997 to December 2013 0.613
December 2013 to December 2017 0.103
The chargeable gain or capital loss arising from this disposal is:
As in the previous example, but this time it was a 1:4 rights issue for £3 each on 12 December 2013.
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19
1 Trading losses
Tax adjusted trading losses are computed in the same way as tax adjusted trading profits.
Start with the loss per the accounts and:
(i) Add back disallowable items in the normal way.
(ii) Calculate capital allowance in the normal way and deduct in arriving at the adjusted loss.
For the year to 31 March Third Place Ltd had a loss per its accounts of £40,000. Depreciation of £10,000
had been deducted in arriving at this loss.
Capital allowances of £20,000 are available for the year.
The adjusted trading loss of the year is:
£
Loss per accounts (40,000)
Add: Depreciation 10,000
Less: Capital allowances (20,000)
Tax adjusted trading loss (50,000)
If a company has made a tax adjusted trading loss, the amount of the tax adjusted loss shown in
the computation of TTP for the period is £Nil.
The loss may then be available for relief as discussed below.
1.1 Reliefs
For the purposes of this exam, there are four methods by which a company can relieve a trading loss:
(i) Current year relief against total profits
(ii) Current and prior year relief against total profits
(iii) Carry forward relief
(iv) Terminal loss relief
EXAM SMART
Look carefully at the above pro-forma and refer back to it as you work through this chapter.
The position in which the loss reliefs are shown is vitally important.
2.1 Current
A company can set a trading loss against its total profits of the same accounting period.
£
Year 2 loss (80,000)
Current period relief 30,000
Carry back to previous 12 months 50,000
Remaining Nil
5 Capital losses
EXAM SMART
Capital losses can be set only against chargeable gains, not against other income/profits, for
the current period.
Any excess is carried forward against future gains. This is why you see the term net
chargeable gains in the above pro forma.
This is important: remember it!
P Ltd ceased trading on 30 September 2020. Results for all its periods of trading are as follows:
Year to Period to Year to Year to Year to
31 Dec 30 Sept 30 Sept 30 Sept 30 Sept
2016 2017 2018 2019 2020
£ £ £ £ £
Trading profit/ (loss) 84,000 13,800 15,200 78,700 (146,800)
Property business profits 5,000 4,600 3,000 – –
Chargeable gain/(loss) (7,000) 8,000
Qualifying charitable donations (800) (1,000) (1,200) – –
Assuming P Ltd claims the maximum possible loss relief, taxable total profits are:
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20
Groups of companies
Gains group
The advantages of being in a gains group is that group companies can:
(i) Transfer capital assets efficiently around the group, and
(ii) Use capital losses efficiently around the group, and
(iii) Maximise the advantages of rollover relief (see below).
A Ltd
90% 90%
B Ltd D Ltd
85% 80%
C Ltd E Ltd
A, B, C and D are in a “group relief” group because A has effective control of at least 75% of B, C
and D (90% of 85% is 76.5% of C).
Any of A, B, C or D could surrender losses to any other member of the A, B, C, D group. Losses
cannot be transferred to or from E by A, B or C.
D and E are in a separate “group relief” group because D controls at least 75% of E. Losses can
therefore be passed between D and E.
BUT D cannot pass on losses from E to A, B or C, AND D cannot pass losses from A, B or C to E.
QCDs and property losses are only 'excess' if they exceed any other income and gains before the
deduction of any losses (current year, brought forward or carried back).
Excess QCDs should be surrendered before excess property business losses because excess
QCDs not offset will otherwise be wasted. Whereas property business losses not relieved in the
current year will be carried forward to set against total profits.
The claimant company sets the loss against CURRENT PERIOD TTP (i.e. after the deduction of QCDs).
NO carry back or carry forward is ever allowed.
For the purposes of this exam, the companies claiming or surrendering group relief must be UK
resident, so if B Ltd in the example above were not UK resident, it would not be able to claim or
surrender losses. It would, however, remain part of the group relief group.
The maximum group relief that can be claimed is the lower of:
(i) The loss of the overlap period
(ii) The profit of the overlap period
£
Hans Ltd Loss for the year ended 30 June 2020 (100,000)
Land Ltd Profit for the year ended 30 September 2019 180,000
Land Ltd Profit for the year ended 30 September 2020 40,000
Show the maximum group relief that Land Ltd can claim in each of the above accounting periods.
STEPS
Step 1: Identify the overlap periods
Land Ltd Year ended 30 Sept 2019 Year ended 30 Sept 2020
Land Ltd – Year ended 30 September 2019 (Overlap with loss making period is 3 months)
Loss of Hans Ltd available to surrender Profit against which relief can be claimed
3 3
£100,000 × = £25,000 £180,000 × = £45,000
12 12
Land Ltd – Year ended 30 September 2020 (Overlap with loss making period is 9 months)
Loss of Hans Ltd available to surrender Profit against which relief can be claimed
9 9
£100,000 × = £75,000 £40,000 × = £30,000
12 12
STEPS
Step 1: Calculate TTP for each group company.
Before considering loss relief
Step 2: Establish the group relationship.
Parent owns at least 75% of the shares of the subsidiary
Step 3: Consider whether any trading losses should be surrendered and the order of surrender.
A group member with a loss has the choice of:
(i) Making a claim against its own profits (see chapter 19 rules), and/or
(ii) Surrendering some or all of the loss to another group member, and/or
(iii) Not claiming the maximum capital allowances in order to restrict the current period loss.
Points to consider:
A group relief claim is very flexible (unlike making a claim to set the loss against the
company’s own current profits, which is all or nothing).
– The surrendering company may group relieve some current year losses and utilise the
rest against its own profits.
– Ensure that QCDs do not become unrelieved as a result of a current period loss claim. If a
QCD becomes excess because of a loss relief claim it is not eligible for group relief.
– If a company was profitable in the previous period, it might be beneficial to retain
enough losses to carry back and obtain a corporation tax refund. However, for a carry
back claim to be made, a current year claim must be made first which could waste QCDs.
Milky Ltd had the following results for the past three periods:
Year 1 Year 2 Year 3
£ £ £
Adjusted trading profit (loss) 49,000 (60,000) (20,000)
Chargeable gain 1,000 5,000 6,000
Qualifying charitable donation 5,000 5,000 5,000
Milky Ltd has one wholly owned subsidiary, Way Ltd. Way Ltd was incorporated at the start of year 2
and has the following results:
Year 2 Year 3
£ £
Adjusted trading profit 75,000 24,000
Qualifying charitable donation 5,000 5,000
After claiming loss relief in the most efficient manner the taxable total profits for Milky Ltd and Way Ltd
are:
3 Gains Group
Capital gains advantages are available to members of a capital gains group. These allow:
(i) Assets to be transferred tax efficiently around the group.
(ii) Chargeable gains and capital losses to be transferred around the group.
(iii) Rollover relief (see earlier in these notes) to be used on a group-wide basis.
75%
B Ltd
75%
C Ltd
A, B and C are all part of a gains group because of the 75% links and because A effectively owns
56.25% of C. A company cannot be a member of more than one capital gains group (unlike for a group
relief group).
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21
ILLUSTRATION: VAT
Trek made a Pilot 5.0 road bike out of raw materials costing £100 + VAT. Trek sold the bike to Andy, a
retailer, for £600 +VAT. Andy sold the bike to Sarah for £1,300 plus VAT.
VAT will be charged as follows:
Net sale Output tax Payable
Cost Input tax price 20% to HMRC
£ £ £ £ £
Raw materials supplier – – 100 20 20
Trek 100 20 600 120 100
Andy 600 120 1,300 260 140
VAT suffered by Sarah 260
2 Types of supply
Most supplies are standard rated (20%) (including restaurant food, hot takeaways, potato
crisps, peanuts, chocolate and chocolate biscuits).
Some are zero rated (VAT is charged, but at 0%).
Domestic fuel and power is charged at 5%.
Some transactions are exempt from VAT (i.e. no VAT is charged).
Some transactions are outside the scope of VAT, these include wages and the transfer of a
business as a going concern.
Traders making exclusively exempt supplies cannot register for VAT or recover input tax
3 VAT registration
3.1 Historical test
Registration is compulsory if taxable supplies in any period up to the previous 12 months
exceed £85,000.
The trader has 30 days from the end of the month in which the limit is breached to notify
HMRC of the need to register.
Registration applies from the start of the month, one month after the limit is breached.
Zafe started business on 1 June, turning over £7,500 a month for the first six months and £8,500 a
month thereafter.
£
6 months to 30 November 45,000
5 months to 30 April 42,500
Cumulative turnover in up to 12-month period 87,500
Zafe must notify HMRC of his need to register by 30 May. Registration will apply from 1 June.
Ratty has been trading for many years turning over less than £25,000 per annum. On 1 July Ratty
received a big order and expected to sell £87,500 worth of products during July.
Ratty must inform HMRC by 30 July and has to charge VAT from 1 July.
3.5 De-registration
A trader can de-register if taxable supplies in the next 12 months will not exceed £83,000.
Compulsory if no longer making taxable supplies.
Registration cancelled if status changes, e.g. sole trader to/from partnership or business
incorporates.
3.6 Miscellaneous
A transfer of a business as a going concern is outside the scope of VAT therefore it can be
ignored when preparing a VAT return.
Output VAT must be accounted for on the sale of assets after the cessation of trade if input tax
was claimed on the purchase of those assets and the VAT on sale is > £1,000.
5 VAT invoice
Taxable persons making taxable supplies to another person registered for VAT must supply a VAT
invoice within 30 days of the time of supply and must keep a copy. The invoice must include:
Details Details
Suppliers name, address and VAT registration number Date of issue, tax point, invoice number
Customer’s name and address Rate of cash discount
For each item, a description of goods/services supplied, showing Invoice price excluding VAT
quantity, unit price, rate of VAT and VAT exclusive amount
Total amount of VAT
Vic sold Mark a piece of furniture for £900. Vic offered Mark a 2.5% settlement discount for payment
within seven days.
Assuming Vic shows full details of the prompt payment discount etc. on his invoice, show the net
amount, the VAT, and the amount paid by Mark if:
(a) He takes up the settlement discount
(b) He fails to take up the settlement discount
(a) £
Invoice value 900.00
VAT (20% × £900) 180.00
1,080.00
An employee of DEF Ltd is provided with a company car which he uses for both business and private
mileage. DEF Ltd pays for all of the car’s running costs including petrol. The total cost of petrol each
quarter is £840 of which 20% is for private mileage. The relevant quarterly scale charge is £492. Both
figures are inclusive of VAT.
DEF Ltd can either:
20 20
(a) Claim input VAT of × £840 = £140 and account for output VAT of × £492 = £82 based
120 120
on the scale charge, or
(b) Claim the input VAT of £140, charge the employee £168 for the private fuel and account for
20
output VAT of 120 × £168 = £28. Whilst this is less output VAT, it increases the administrative
burden for DEF Ltd.
9 Penalties
9.1 Default surcharge
Applies if VAT return is submitted late or VAT is paid late.
HMRC issue a surcharge liability notice (SLN) the first time a trader is late submitting a return or
late paying VAT.
The SLN runs for 12 months (i.e. lasts for next four quarterly returns) but no penalty arises for
the first default.
If a further default (i.e. late filing or late payment) occurs during the SLN period, the SLN period
is extended for a further 12 months.
A penalty is only triggered if a payment is late during the SLN period:
Late payment during SLN period Surcharge as % of VAT outstanding at due date
First 2%
Second 5%
Third 10%
Fourth or more 15%
In practice, HMRC rarely enforce penalties of less than £400 at the 2% and 5% rate.
To escape, the trader must submit returns, and pay VAT, on time for 12 months.
Arises where no return was made or the return was made incorrectly.
No interest on errors of less than £10,000 (or 1% of turnover for the VAT period if higher).
These can be corrected on the next return without penalty.
If the error exceeds the £10,000 or 1% limit, HMRC must be notified.
10 Special schemes
10.1 Cash accounting
Available for traders whose taxable supplies, excluding VAT, do not exceed £1,350,000,
provided all returns and VAT payments are up to date.
Once in the scheme, taxable supplies can rise to £1,600,000.
If taxable supplies >£1,600,000 in an accounting period the trader must leave the scheme, BUT
the trader can still apply cash accounting on outstanding VAT for 6 months after leaving.
The main advantages of cash accounting are cashflow and automatic bad debt relief.
Daanii can opt for a flat rate of 8%. Her transactions are:
(All figures are shown net of VAT)
£
Sales (standard rated) 50,000
Sales (zero rated) 10,000
A flat rate of 16.5% applies to businesses which have no, or only limited, purchases of goods.
You will not be expected to establish whether the flat rate of 16.5% is applicable, but a question
could be set where this rate applies.
There is little advantage to using the flat rate scheme if the 16.5% rate applies because it is
equivalent to a rate of 19.8% on the net turnover compared to the normal VAT rate of 20%. If a
business has much input VAT, then the flat rate scheme will not be beneficial if the 16.5% rate
applies.
ILLUSTRATION
Satpal is VAT registered. He makes annual standard rated sales of £100,000, to the general public.
Annual standard rated expenses are £10,000. Both figures are exclusive of VAT. The relevant flat rate
scheme percentage is 16.5%.
If Satpal uses the flat rate scheme, then he will pay VAT of £19,800 ((100,000 + 20,000 (output
VAT of £100,000 x 20%)) x 16.5%).
Using the normal basis of calculating the VAT liability, he would have to pay annual VAT of
£18,000 ((100,000 –10,000) x 20%).
Clearly the normal basis is advantageous.
11 Group registration
Two or more companies under common control can apply for group registration.
A “representative member” accounts for the VAT for the group.
Intra-group transfers are disregarded for VAT purposes.
Can exclude companies from the group, e.g. repayment traders or exempt suppliers.
Rajan Ltd purchases goods from an overseas supplier for £10,000 (excluding VAT). Show what cash
payments will be made if the goods are bought from a supplier
(a) Outside the EU
(b) Within the EU
Import from Acquisition from
outside EU within EU
£ £
Paid to the supplier 10,000 10,000
Paid to HMRC at the border 2,000 –
Purchaser charges themselves VAT (reverse charge) 2,000
Input VAT reclaimed on tax return (2,000) (2,000)
Net cash cost 10,000 10,000
Rajan Ltd sells goods for £10,000 (excluding VAT). The goods would be standard rated if they were sold
in the UK. Show the amounts received if the supply is made
(a) Outside the EU
(b) Within the EU to a registered customer
(c) Within the EU to a non-registered customer
Dispatch to EU: Dispatch to EU:
Export registered non registered
outside EU customer customer
£ £ £
Received from customer 10,000 10,000 10,000
Supply zero rated 0 0
VAT charged at 20% 2,000
VAT paid to HMRC on VAT return (2,000)
Net cash received 10,000 10,000 10,000
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2 Self-assessment
Self-assessment is the system for the deduction of tax which is not deducted under PAYE.
EXAM SMART
The onus is on the taxpayer to provide the information to pay the correct amount of tax on
the due date.
If a taxpayer does not receive a return, he must notify HMRC by 5 October following the end of
the tax year that he has chargeable income unless:
There is no CGT liability, and
No higher rate or additional rate tax is due, and
Either income is covered by the personal allowance or all tax due has been deducted at
source.
No POA of CGT or Class 2 NICs. All CGT and Class 2 NIC is due on 31 January after the tax year in
which the gains / income occur.
ILLUSTRATION: POA
2.3 Interest
Interest is automatically charged if any tax is paid late.
Runs from due date until the day before payment date inclusive.
If taxpayer reduces POA AND there is still a final payment due, interest is due on the POAs, as if
they were the correct amount.
Interest may be paid by HMRC on any tax overpayment. The interest runs from the date the
payment was due, or the date HMRC received the payment, if later, until the repayment date.
When repayment interest is paid, it is only paid on the amount of tax that should have been
paid (i.e. normal payments on account such that deliberate overpayments do not attract
interest).
EXAM SMART
Interest is 3.25% on underpaid tax (tax paid late) and 0.5% on repayments of tax. These rates
will be given in the exam.
ILLUSTRATION: INTEREST
Dave claimed to reduce his payments on account for 2019/20 from £5,000 to £3,500. The first
payment was made on 18 January 2020 and the second on 19 August 2020.
Dave filed his 2019/20 tax return on 10 January 2021. His income tax and NIC liability was £11,000 and
CGT of £3,600 was payable.
Dave paid the balance of tax, being £7,600, on 25 February 2021.
What are the interest implications for Dave?
Payment Interest
(a) (i) First POA £3,500 Nil (as paid on time)
(a) (ii) Reduction in POA £1,500 (£5,000 – Interest runs from 31 January 2020 (due date) to
£3,500) 24 February 2021 (day before payment)
(b) (i) Second POA £3,500 Interest runs from 31 July 2020 to 18 August 2020
(b) (ii) Reduction in POA £1,500 (£5,000 – Interest runs from 31 July 2020 to 24 February 2021
£3,500)
(c) Balancing payment (CGT £3,600 + Interest runs from 31 January 2021 to 24 February
£4,000 income tax) 2021
2.4 Penalties
Penalty for late payment
In addition to interest, penalties may be charged for the late payment of tax.
Penalties apply to:
(i) Balancing payments of income tax, Class 4 NIC, Class 2 and CGT
(ii) Tax due on amendment of self-assessment
(iii) Tax due on discovery assessment
EXAM SMART
Your Examiner has indicated that you should work to the nearest month in calculating interest
and penalties as shown in the table above. In practice the delays have to be looked at as more
than 30 days, more than 5 months and 30 days and more than 11 months and 30 days.
HMRC has the discretion to reduce penalties in special circumstances. The inability to pay does not
constitute special circumstances.
After 12 months:
Deliberate and concealed Greater of 100% of PLR or £300
Deliberate not concealed Greater of 70% of PLR or £300
Other, e.g. carelessness Greater of 5% of PLR or £300
KEY TERM
Potential lost revenue is the amount of tax outstanding at the end of the tax year (income
tax & CGT) or accounting period (corporation tax). For VAT purposes, it is the amount
outstanding as a result of the failure.
Unprompted disclosure occurs if the taxpayer has no reason to believe HMRC has discovered the
error.
3 Record keeping
Taxpayers must keep the records needed to make a correct and complete return.
Retain records for:
Income tax and CGT:
(i) Five years after 31 January following the tax year if in business.
These taxpayers must keep all their records (not just those relating to the business) for
five years.
(ii) One year after 31 January if not in business.
VAT: 6 years.
Maximum penalty = £3,000 for each failure per tax year.
4.5 Appeals
Taxpayer can request review of a decision to be carried out by an HMRC review officer before
initiating a formal appeal.
Can appeal against request for documents, amendments made following a compliance check,
right to raise a discovery assessment, a discovery assessment, a VAT assessment, imposition of a
penalty.
Appeal within 30 days of the event appealing against.
State grounds for appeal.
Appeal via “four track” tribunal system:
“Paper track” hears simplest appeals, normally without a hearing.
“Basic track” involves a hearing with minimal exchange of documents.
“Standard track” involves more formality and case management.
“Complex track” is for long or complex cases or an important principle or a large sum of
money.
First tier tribunal deals with all but the most complex cases.
Upper tribunal deals with complex matters and appeals from first tier.
Disputed tax is payable by due date unless Inspector or commissioners determine otherwise.
Taxpayer may apply to postpone payment of all or part of tax subject to appeal if appeal relates
to a discovery assessment or tax due as a result of a compliance check.
5 HMRC powers
Rules cover IT, CT, CGT, VAT, PAYE and NI.
HMRC request information by making written information notice to taxpayer or third-party bulk
data gatherers such as banks or stockbrokers.
Requests for information from third parties must normally be agreed by the taxpayer or the first
tier tribunal.
HMRC can enter and inspect business premises to look at records and assets.
6 Time limits
For making a claim - generally 4 years after the end of the tax year.
If the submission is more than 3 months late, an additional penalty of 5% of the tax and national
insurance which should have been reported is charged.
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23
KEY TERMS
The filing date is the later of:
12 months after the end of the period or
3 months from date on which notice requiring the return was issued.
For a long period of account (i.e. exceeds 12 months) two returns are required:
One for the first 12 months and
One for the balance of the period.
BUT the filing date for both returns is 12 months after the end of the long period of account.
On that filing date the company will file one tax computation, one set of financial statements
and two tax returns.
Electronic filing
All companies must file their accounts and their self-assessment returns electronically using the
‘Inline eXtensible Business Reporting Language’ (iXBRL). iXBRL is the global language for
exchanging business information in an electronic format.
EXAM SMART
The £1.5 million threshold will be given to you on the exam paper.
A company that becomes large during an accounting period, does not have to pay by
instalments provided:
(i) It was not a large company in the previous accounting period, and
(ii) Its augmented profits for the current accounting period do not exceed £10 million.
KEY TERMS
Augmented profits are taxable total profits plus dividend income from companies which are
not related 51% group companies.
Dividends received are exempt from corporation tax and are NOT included in calculating
taxable total profits (TTP).
However, dividends from non-related 51% group companies are included in calculating
augmented profits and, therefore, impact on whether a company is large and whether
corporation tax needs to be paid in instalments.
Dividends received from related 51% group companies are not included in augmented profits.
Fourth Time Ltd had the following results for the year to 31 March 2020:
£
Tax adjusted trading profits 1,000,000
Property business profits 200,000
Capital gain 250,000
Dividend received from a company in which Fourth Time Ltd holds 10% of shares 90,000
Calculate Fourth Time Ltd’s corporation tax liability and state whether it will need to pay corporation
tax in instalments.
Dormant companies are NOT included in a 51% group but non-UK resident
companies ARE included if the 51% test is met.
The number of 51% companies in a group at the end of an accounting period is deemed to be
the number of companies in the group for the next period:
(i) Companies that join a group during the period are deemed to be part of the group from
the beginning of the following period,
(ii) Companies that leave a group during the period are deemed to remain as part of the
group until the end of the period.
Pen Ltd
50% 90%
Cygnet Inc is not UK resident. All the other companies in the group are UK resident. Duckling Ltd is
dormant, but all the other group companies are active trading companies.
The augmented profits threshold for the purposes of deciding if Pen Ltd must pay quarterly instalments
of corporation tax is:
ILLUSTRATION: INSTALMENTS
A Ltd had an estimated CT liability of £2,000,000 for the year ended 31 December.
CT will be paid as follows:
£
14 July 500,000
14 October 500,000
14 January 500,000
14 April 500,000
King Ltd had an estimated CT liability of £2,000,000 for the 8-month accounting period to 31 August.
Instalments and due dates of payment are:
£
Each instalment will be: 3 × £2,000,000/8 750,000
Due as follows:
14 July 750,000
14 October 750,000
14 December (balancing payment) 500,000
2,000,000
1.4 Interest
Late payment interest
Late payment interest is automatically charged if corporation tax is paid late.
It runs from the normal due date to the date of payment.
Late payment interest can be deducted as an expense (non-trade loan relationship debit) from
interest income.
Repayment interest
HMRC pay interest on overpayments of corporation tax.
Interest runs:
from the later of the due date and the actual date of payment, to
the repayment date.
Repayment interest received by a company is taxable interest income (non-trade loan
relationship credit).
1.5 Penalties
Penalties may be charged in addition to any interest due for late payment.
Standard penalties
There are standard penalties across all taxes for:
(i) Failure to notify liability to tax.
(ii) Incorrect returns.
We covered the standard penalties in the previous chapter of these course notes.
Other penalties:
Late filing of corporation tax return Failure to keep and retain required records
£100 if return is late or £200 if > three months late* Up to £3,000 per accounting period
and
10% of outstanding tax if > 6 months late
20% of outstanding tax if > 12 months late
For the previous two accounting periods M Ltd has been over 12 months late in filing its tax return. For
the year to 31 March 2020, the finance team were more organised and the return was filed on
10 October 2021. The corporation tax due for the period was £20,000 and was paid on 10 October 2021.
The return for the year to 31 March 2020 was due on 31 March 2021. Therefore it is over 6 months late
and the penalties due are:
£1,000 Fixed penalty (as this is the third time the return has been late), and
£2,000 Tax geared penalty (as over 6 months late).
In addition, there will be automatic interest to pay on the late payment of corporation tax.
2 Record keeping
Taxpayers must keep the records needed to make a correct and complete return.
Retain corporation tax records for 6 years from end of accounting period.
3 HMRC determinations
If no return is submitted by the filing date, HMRC can make a determination of amounts due.
Must be made for corporation tax within 3 years of the due filing date, i.e. by 31 December
2022 for an accounting period ending on 31 December 2018.
4 Compliance checks
HMRC can:
(i) Compliance check any self-assessment return, and
(ii) Issue a discovery assessment.
The procedures and rules are similar to those that apply for individuals.
HMRC may initiate a compliance check as a result of:
Suspicion that income is undeclared or that deductions are being incorrectly claimed.
Other information that HMRC have.
Random selection of return concerned.
HMRC does not have to give a reason for commencing a compliance check, but it must give
written notice that is going to start a compliance check:
Return filed Written notice of compliance check must be given within 12 MONTHS of:
On time The date the tax return was filed with HMRC
Late The 31 January, 30 April, 31 July or 31 October following the date the tax
return was filed
HMRC can demand that the company produce documents, accounts or written particulars
connected to the return that it is checking. It may also require full answers to specific questions
connected to the return.
A company has 30 days to comply with the demand, or to make an appeal against it.
The compliance check ends when HMRC give written notice that is has been completed.
The notice will state the outcome of the check and details of any amendments to the self-
assessment. The company has 30 days to appeal against the amendments.
5 Discovery assessments
Where HMRC discovers a loss of tax it may make a discovery assessment after the usual time
limit for a compliance check.
Raised following fraud or negligence of taxpayer or if insufficient information is available to
allow HMRC to be aware of any lost tax. It cannot be raised if full disclosure was made in a
return even if this is later found to be incorrect.
HMRC will only accept that full disclosure has been made if any contentious items have been
brought to its attention (in practice this is a high threshold to meet).
Time limit for raising discovery assessment is 4years (6 years if careless understatement and 20
years for deliberate understatement). The time limits run from the end of the accounting
period.
6 Overpayment relief
Where a company has paid too much tax due to an error or mistake in a tax return, the
company can make a claim for overpayment relief within four years of the end of the
accounting period.
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Solutions to
Lecture examples
Chapter 1
Lecture example 1.1
TESTS
Test 1: Consider automatic non-residence test
Jai is not automatically non-resident.
She was in the UK for too many days in 2019/20 and she does not work overseas.
Test 2: Consider automatic residence test
Jai is not automatically resident. She does not meet any of the 3 tests for automatic residence.
Test 3: Consider previous residence and the number of UK ties
As Jai was resident in the UK during the three tax years prior to 2019/20 she is a previous UK resident.
She was in the UK for 49 days in 2019/20, so she will be UK resident if she has 3 or more UK ties.
Jai’s ties are:
(a) UK resident spouse
(b) Accommodation in the UK which was made use of in the tax year
(c) Being in the UK for more than 90 days during either of the two previous tax years
Therefore Jai is UK resident for 2019/20.
Chapter 2
Lecture example 2.1
NSI SI DIV Total
£ £ £
Earnings 12,000 12,000
Bank Interest 10,000 10,000
22,000
Personal allowance (12,000) (500) (12,500)
Taxable income NIL 9,500 9,500
The personal allowance is deducted firstly from the non-savings income and then from savings income.
This order matters as the different types of income are taxed at different rates.
Income tax £
Non-savings income 37,500 × 20% 7,500
Balance of non-savings (£137,500 – £37,500) 100,000 × 40% 40,000
Savings allowance (nil rate band) (£500) 500 × 0% 0
Savings income 4,000 × 40% 1,600
142,000
Tax liability 49,100
Income tax £ £ £ £
Non-savings income × 20%
3,000 600
Savings – starting rate (5,000 – 3,000) × 0% 2,000 0
Savings income nil rate band × 0% 500 0
Savings basic rate × 20% 1,000 200
3,500
Dividend nil rate band × 0% 2,000 0
Dividend (37,500 – 3,000 – 3,500 – 2,000) × 7.5% 29,000 2,175
Dividend higher rate × 32.5% 1,000 325
32,000
Tax liability 3,300
An election to transfer the MA is possible as neither spouse pays higher rate or additional rate tax. The
election must be made to transfer the full £1,250, so even though Jeevan could use £11,450 of the
personal allowance, the full £1,250 must be transferred.
Chapter 3
Lecture example 3.1
£
Allowance paid 11,000 × 32p 3,520
Less: first 10,000 miles at 45p (4,500)
Next 1,000 miles at 25p (250)
Allowable expense (deduct from taxable salary) (1,230)
Chapter 4
Lecture example 4.1
£
Rent received (£1,000 × 12) 12,000
Mortgage interest (25% × £12,000) (3,000)
Other expenses (1,300)
Property income 7,700
EXAM SMART
No relief is available for the initial cost of the fridge, washing machine or carpets.
Relief for the replacement fridge is reduced by the proceeds received from the sale of the
original fridge.
No relief is given for the amount spent on the washing machine which represents an
improvement. Relief is restricted to the cost of a similar washing machine.
Chapter 6
Lecture example 6.1
Main pool Old car Audi Allowances
£ £ £ £
Year ended 31 March
TWDV b/f 6,250 10,000
Acquisition (no AIA or FYA)
Car 17,500
Disposals (lower of cost/disposal
proceeds)
Office equipment (12,200)
(5,950)
Balancing charge 5,950 (5,950)
–
Car (7,500)
2,500
Balancing allowance (2,500) 2,000
× 80%
–
WDA @ 18% (3,150)
× 80% 2,520
TWDV c/f 14,350
Balancing charge (1,430)
The overall balancing charge of £1,430 is added to the adjusted trade profit for the year.
Chapter 7
Lecture example 7.1
Taxable
Tax Year Basis Period Working Profit
2018/19 1.11.18 to 5.4.19 1st year – actual basis
5/7 × £14,000 £10,000
2019/20 1.11.18 to 31.10.19 2nd year – no 12-month period ending in 2019/20
so use first 12 months
£14,000 + 5/12 × £36,000 £29,000
rd
2020/21 Year ended 31.5.20 3 year – CYB £36,000
th
2021/22 Year ended 31.5.21 4 year – CYB £48,000
Overlap profits to be deducted on cessation of trade:
£
1.11.18 to 5.4.19 5/7 × £14,000 10,000
1.6.19 to 31.10.19 5/12 × £36,000 15,000
10 months 25,000
Chapter 8
Lecture example 8.1
The profits are allocated to each partner as follows:
Total Charlie David Kris
Year ended 31 Dec 2017 £ £ £ £
Salary 30,000 30,000 –
PSR (balancing figure) 50,000 30,000 20,000
Total 80,000 60,000 20,000
Step 3:
Each partner’s taxable profits are as follows:
Charlie David Kris
2017/18 CYB Year ended 31 Dec 2017 £60,000 £20,000
2018/19
CYB for C & D
C & D year ended 31 Dec 2018 £52,000 £18,000
Opening year rules for K
Actual (1 May 2018 to 5 April 2019)
£20,000 + 3/12 × £40,000 £30,000
2019/20 CYB Year ended 31 Dec 2019 £60,000 £20,000 £40,000
Kris’ overlap profits are 3/12 × £40,000 = £10,000
Chapter 9
Lecture example 9.1
Income calculation Year 1 Year 2
£ £
Trading profit 24,200 Nil
Additional loss relief
Other income 3,800 11,500
Total income 28,000 11,500
Loss relief (i)(28,000)
Adjusted total income 0 11,500
Personal allowance (12,500) (12,500)
Taxable income 0 0
The personal allowance in year 1 is wasted. £1,000 of the personal allowance is wasted in year 2.
Capital gains calculation Year 1 Year 2
Gains 50,100 12,000
Loss relief (ii)(50,100)
Gain after loss relief nil 12,000
Annual exempt amount (12,00) (12,000)
Taxable gain nil nil
Illustration: Aaron
Opening year losses
Step 5: Relieve loss according to Examiner instructions.
2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22
£ £ £ £ £ £ £
Trading profit nil nil nil nil nil 5,000 12,500
Trading loss b/f
Earned income 75,000 75,000 75,000 5,000 NIL NIL NIL
Total income 75,000 75,000 75,000 5,000 NIL 5,000 12,500
Loss relief v total income (3,500) (10,500
)
Net income 71,500 64,500 75,000 5,000 nil 5,000 12,500
Chapter 10
Lecture example 10.1
200,000−150,000
Chen’s tapered annual allowance is £40,000 - 2
= £15,000 each year. Therefore, he has
unused allowances of £6,000 + £3,000 + £5,000 = £14,000 to carry forward.
£
Employment income 230,000
Personal allowance (nil as adjusted net income of £160,000 (£230,000 income less Nil
£70,000 gross personal pension contribution) is more than £125,000)
Taxable income 230,000
Income tax £
£107,500 (37,500 + 70,000) at 20% 21,500
£112,500 (220,000 – 107,500) at 40% 45,000
£10,000 at 45% 4,500
Annual allowance charge
£50,000 at 45% 22,500
93,500
The basic (37,500 + 70,000 = 107,500) and higher rate (150,000 + 70,000 = 220,000) limits are increased
by the gross personal pension contributions
Adjusted net income is £230,000 less gross pension contributions of £70,000 = £160,000. Adjusted
income is £230,000 plus employer pension contributions of £20,000 = £250,000.
As adjusted income is greater than £210,000, the tapered annual allowance is £10,000
Chapter 12
Lecture example 12.1
Olly:
£
(37,500 – £29,000) £8,500 × 10% 850
(£21,500 – £8,500) £13,000 × 20% 2,600
CGT liability 3,450
Taxable gains are already net of the annual exempt amount.
Taxable income is net of the personal allowance. Olly has £8,500 of unused basic rate band remaining
and this amount of the taxable gains are taxed at 10%. The remainder of the taxable gains of £13,000
are taxed at 20%.
Alice:
£
£17,000 × 10% 1,700
Alice has £32,500 (£37,500 - £5,000) unused basic rate band so her taxable gains are all taxed at 10%
The unrelieved loss b/f of (18,000–14,000) = £4,000 is carried forward to future tax years to offset
against future gains.
Chapter 14
Lecture example 14.1
Pavel’s gain is:
£
Proceeds 751,900
Cost (200,000)
Gain (before PPR relief) 551,900
Exempt months Chargeable
1.2.04-1.3.06 Occupied 25
1.3.06-1.3.10 Employed UK 4 yrs 48
1.3.10-1.3.11 General exemption < 3 yrs 12
1.3.11-1.7.14 Occupied 40
1.7.14-1.2.18 Balancing period 43
1.2.18-1.8.19 Last 18 months 18
143 43
Although Rosie’s taxable income is only £4,000 her remaining basic rate band of £33,500 (£37,500 -
£4,000) is fully utilised by her gains qualifying for entrepreneurs’ relief. Therefore, the whole of her
gains not qualifying for entrepreneurs’ relief are taxable at 20% rather than 10%.
Chapter 15
Lecture example 15.1
Dave’s capital gains are as follows:
£ £
1 Purchase 20 March 2020 (1,000 shares)
Proceeds (£42,000 × 1,000/6,000) 7,000
Cost (3,000)
4,000
2 Share pool (7,000 shares)
Proceeds (£42,000 × 5,000/6,000) 35,000
Cost (W1) (10,571)
24,429
Chargeable gains 28,429
Sale
£
Proceeds 30,000
Cost (£16,000 - £2,909) (13,091)
Gain 16,909
Chapter 16
Lecture example 16.1
Mike’s diminution in value is as follows:
£
Before (70%) 300,000
After (45%) (140,000)
Diminution in value 160,000
£
October gift to Harry 3,600
Covered by AE current year (100)
Covered by AE brought forward (3,000)
PET 500
£
January gift to Phoebe = PET (AEs fully utilised) 450
Step 2: Deal with each lifetime transfer and calculate the lifetime tax paid on any CLT
This is a PET made more than seven years before death, so it will never become chargeable.
However, the PET does use the AE for 2012/13 and 2011/12 b/f.
This is a CLT. There are no annual exemptions to set against this gift as they were used by the PET in
December 2012. The lifetime tax payable is:
£
Gift 425,000
Annual exemptions (0)
425,000
£
IHT on nil rate band of £325,000 (at date of transfer) 0
20 25,000
IHT on £100,000 ×
80
Lifetime tax due 25,000
£
Gift to daughter 463,000
AE (2015/16 and 2014/15 b/f) (6,000)
Chargeable transfer 457,000
Step 3: Identify PETs or CLTs made in the 7 years before death and calculate death tax on them
The nil rate band is reduced by any CLTs or failed PETs made in the seven years before this gift – i.e.
since 1 February 2006. As the only transfer is a PET which is fully exempt, the entire nil rate band is
available.
Lifetime IHT reduces death tax, but it does not result in a repayment where it exceeds the death tax.
The nil rate band available is reduced by any chargeable lifetime transfers or failed PETs made in the
seven years before this gift – i.e. since 1 May 2008. The PET in 2012 is fully exempt but the CLT in 2013
of £450,000 uses up the entire nil rate band.
IHT of £109,680 is payable by the donee, Duke’s daughter by 31 July 2020.
The nil rate band available is reduced by any transfers made in the seven years before death i.e. both
the gift in February 2013 and May 2015 – the total value of the gifts is £450,000 + £457,000 =
£907,000 so no nil rate band remains for the death estate.
As the nil rate band has been fully utilised in the seven years before death, the IHT due on the death
estate is £200,000 (£500,000 × 40%).
The IHT must be paid by the personal representatives by 31 July 2020.
Chapter 17
Lecture example 17.1
FP Ltd – Tax adjusted trading profits
£ £
Profits per accounts 110,500
Add: Depreciation 10,000
Charitable donation 3,000
13,000
Less: Income included in accounts but not taxed as trading profit
Property business profit 12,000
Non-trading loan interest receivable 8,000
Chargeable gains 2,000
Dividends from UK companies 1,500
(23,500)
Tax adjusted trading profits 100,000
Note: UK dividends are exempt from corporation tax and so are not included in taxable total profit.
Interest income and property business profits are allocated on an accruals basis not a simple time
apportionment of the accounts for the period of account.
Chapter 18
Lecture example 18.1
Step 1:
Allocate bonus shares to original holding. (If more than one acquisition, allocate bonus shares
to each one. Bonus shares are deemed acquired at the same time as the original purchases.)
Date Original Bonus (1:4) Total
June 1997 100,000 25,000 125,000
Step 2:
Show the pool and index the pool before recording acquisitions and disposals. Remember,
bonus issues are not an acquisition, so do not index up the pool for the bonus issue.
Date Shares Cost Total
£ £
June 1997 100,000 85,000 85,000
Add bonus 25,000 –
125,000
Index (the cost is indexed to December 2017 from when
incurred, 1997)
£ 85,000 × 0.780 66,300
151,300
Step 3: Record disposal (62,500) (75,650)
Balance retained 62,500 75,650
Step 2: Record the acquisition and disposal in the pool (index up to month of acquisition and
disposal)
Indexed
Shares Cost pool
£ £
June 1997 addition 100,000 85,000 85,000
December 2013 rights issue
(1) Indexed rise to rights issue
£85,000 × 0.613 52,105
137,105
(2) Record the purchase ¼ × 100k = 25,000 × £3 = 75,000 75,000
125,000 160,000 212,105
June 2018 sale
(1) Indexed rise to sale
£212,105 × 0.103 21,847
233,952
(2) Record the cost of shares sold (62,500) (80,000) (116,976)
Shares carried forward 62,500 80,000 116,976
Finally, calculate the gain on sale £
Proceeds 287,500
Indexed cost (from above) (116,976)
Gain 170,524
Chapter 19
Lecture example 19.1
Year to Period to Year to Year to Year to
31 Dec 30 Sept 30 Sept 30 Sept 30 Sept
2016 2017 2018 2019 2020
£ £ £ £ £
Trading profit 84,000 13,800 15,200 78,700 Nil
Property business profits 5,000 4,600 3,000 – –
Net chargeable gains (8,000 - 7,000) – – 1,000
89,000 18,400 19,200 78,700 Nil
Loss relief (22,250) (18,400) (19,200) (i)(78,700)
66,750
Qualifying charitable donations (800) – – – –
TTP 65,950 Nil Nil Nil Nil
Loss memorandum £
Year ended 30.9.20 146,800
Used YE 30.9.19 (78,700)
Used YE 30.9.18 (19,200)
Used PE 30.9.17 (18,400)
Used YE 31.12.16
(max = 3/12 × 89,000) (22,250)
Unrelieved 8,250
Chapter 20
Lecture example 20.1
Milky Ltd could claim to set its loss of £60,000 in year 2 against its own profits. However, there would
be no point in this as this claim would merely waste qualifying charitable donations (QCD) of £5,000.
Milky Ltd could carry its loss back of £60,000 to set against total profits of £50,000 in year 1. This claim
can only be made if a current year claim is made first. The claim in the current year would waste £5,000
of QCDs. The carry back claim would waste an additional £5,000 of QCDs.
The best loss relief is for Milky Ltd to surrender all of its £60,000 loss in year 2 to Way Ltd.
For year 3, the best relief is to surrender £19,000 of the loss to Way Ltd and to claim relief against its
own current profits for the remaining £1,000.
Year 1 Year 2 Year 3
Milky Ltd
£ £ £
Adjusted trading profit 49,000 NIL NIL
Chargeable gain 1,000 5,000 6,000
Total profits 50,000 5,000 6,000
Less: Current year loss relief (1,000)
50,000 5,000 5,000
Qualifying charitable donation (5,000) (5,000) (5,000)
Taxable total profits 45,000 NIL NIL
Note that Milky Ltd sets its current year loss relief off against total profits before deducting QCDs.
However, for group relief purposes the loss relief is offset against TTP, i.e. after deducting QCDs.
Chapter 23
Lecture example 23.1
£
Tax adjusted trading profits 1,000,000
Property business profits 200,000
Capital gain 250,000
Taxable total profits 1,450,000
Dividend 90,000
Augmented profits 1,540,000