TPE 2020 – Tax Update ©ICAS 2020 Contents Technical Update –Taxation 1.1 Introduction ............................................................................................................. 5 1.2 Learning Objectives ................................................................................................ 5 1.3 Tax at TPE.............................................................................................................. 6 1.4 Tax Rates and Allowances ..................................................................................... 7 1.5 Capital Allowances ................................................................................................. 7 1.5.1 Annual Investment Allowance (AIA) ............................................................... 7 1.5.2 The Special Rate Pool .................................................................................. 11 1.5.3 Structures and Buildings Allowances (SBAs) ............................................... 11 1.6 Capital Gains Tax ................................................................................................. 13 1.6.2 Entrepreneurs’ relief ...................................................................................... 13 1.6.2 Replacement of business assets relief (rollover and holdover relief) ........... 15 1.7 Summary .............................................................................................................. 15 Appendix 1 CA Qualification Rates Sheet 2020 ......................................................... 16 ICAS 2020 Notes Technical Update –Taxation 1.1 Introduction The main purpose of this update is to inform students of the key technical changes between 30 November 2018 (the legislation cut-off date for TPS 2019 material) and 31 March 2020 (the TPE legislation cut-off date date for November 2020 diet). When you studied for the TPS Tax exam in 2019, the material included legislation up to, and including, Finance Act 2018. For the 2020 TPE courses , you will be required to update your knowledge to Finance Act 2019. This module includes an overview of the changes in the legislation. Where the update pack is silent on a topic you will find that the legislation and syllabus have not altered. You should use this module along with your TPS Tax notes as part of your technical revision material. In terms of preparation for TPE, it is important that you feel confident enough in your taxation (‘Tax’) knowledge. Once you have achieved this you can start to work on the application and evaluation of your technical knowledge at TPE level. Students who passed Tax in 2018 (or earlier) If you passed TPS Tax in 2018 or earlier, the cut-off date for your tax technical knowledge will be different. In order to bridge this gap, you are entitled to receive a copy of the 2019 or earlier Tax update module for TPE. These earlier update modules will be available through myCABLE. Please contact us by email (students@icas.com) if the version you require is not available on myCABLE. It is important that you contact us as soon as possible and not immediately before the exam. You may take a copy of this module into the TPE exam. 1.2 Learning Objectives After completion of this module students should be able to: • understand the main technical updates applicable to the TPE 2020 course; and • apply tax legislation changes introduced by FA2019 and be familiar with these. Achieving these learning objectives will help you to prepare relevant tax calculations and analysis in your TPE exam. TPE 2020 – Taxation – Update 5 ICAS 2020 Notes 1.3 Tax at TPE The TPE exam requires students to apply technical knowledge in a broader context than that required at TPS. Tax features in most TPE case studies but the focus is different. Often, the TPE case studies will require you to apply logic and common sense rather than complete complex technical tax calculations. Tax areas that have featured in recent TPE case studies include: • VAT and SDLT on property transactions. At TPE the emphasis will be on providing advice and recommendations based on the analysis of information, including tax implications. For example, setting out the advantages and disadvantages of opting to tax a commercial property. • Capital gains tax. At TPE students would normally be expected to recognise a liability arising, recommending the most suitable reliefs which could defer or mitigate the liability. Calculations may be required to as part of the analysis. • Inheritance tax. At TPE students have been asked to provide advice on tax due on the death of a shareholder and how best to release fund from the death estate to beneficiaries. Calculations may be required to as part of the analysis. • Business structures. At TPE students would be expected recommend a suitable business structure for the scenario in the case study. This may include analysis of the advantages and disadvantages of trading either as a sole-trader, a partnership or a company. • Anti-avoidance legislation for example; restricting the availability of corporation tax loss relief where there has been a change in ownership and a major change in the conduct or nature of the trade. At TPE students would be expected to identify the risk that loss relief may not be available and to recommend that this is considered when evaluating the price offered for a company. • Alternative financing options. TPE case studies have required students to consider different forms of financing and the impact that these would have on the business. Students would be expected to discuss the differing tax treatments for debt and equity as part of their answer. • R&D tax relief. TPE students have been provided with technical information regarding the application of R&D Tax relief and had to apply this to the relevant case study to determine if a claim is accurate and what actions are required to address any issues. 6 TPE 2020 – Taxation – Update ICAS 2020 Notes 1.4 Tax Rates and Allowances For TPE 2020 you should use the updated rates and allowances for 2019/20, with 2018/19 as prior year rates. The rates sheet is produced in appendix 1. In the examination, you can be required to use rates from either of these years. Unless you are told otherwise, for years earlier than 2018/19, please use 2018/19 rates. For later years, you should use 2019/20 rates. You should familiarise yourself with the relevant changes to the rates and allowances. 1.5 Capital Allowances 1.5.1 Annual Investment Allowance (AIA) The AIA provides full tax relief (100%) for £1,000,000 of expenditure on plant and machinery (other than cars) per annum to all businesses regardless of size. The limit of £1,000,000 is a temporary increase and was introduced from 1 January 2019; before this the limit was £200,000. Businesses with an accounting period spanning this change will have a hybrid limit (covered below). The limit is due to return to £200,000 per annum on 1 January 2021 (after two years). Businesses will be able to allocate their AIA to qualifying expenditure in any way they wish. It will therefore be possible to set the AIA against expenditure which would otherwise qualify at a lower rate of allowances (such as expenditure on long-life assets or integral features which are both discussed later in the module). Any qualifying expenditure incurred over and above the £1,000,000 limit will qualify for the normal WDA rate applicable to that asset. Much like the personal allowance, the AIA cannot be carried back or forward to different accounting periods. Where companies are connected, such as a parent company and a subsidiary company, the AIA of £1,000,000 must be shared amongst the connected companies and used in the most beneficial way. In this course, you should assume that the whole AIA of £1,000,000 is available to a company you are dealing with in a question, regardless of the existence of other connected companies, unless you are specifically told otherwise. When calculating capital allowances and claiming the AIA, we use two separate columns in our calculations to illustrate which additions qualify for the AIA, and which belong in the main pool and special rate pool (which we will see later). This does not mean that the AIA is a separate pool, but instead helps us calculate the rate of allowances that qualifying expenditure is entitled to. TPE 2020 – Taxation – Update 7 ICAS 2020 Notes Example 1 – Annual Investment Allowances Conntex Ltd is a pharmaceutical company and has a twelve-month accounting period to 30 June 2020. The TWDV b/f at 1 July 2019 was £56,950. The company incurred £1,272,000 of qualifying expenditure on the purchase of specialist equipment during the year. Calculate the allowances available to Conntex Ltd for the year ended 30 June 2020. Solution to Example 1 Main Pool AIA WDA – 18% £ TWDV b/f as at 1 January 2019 £ 0 56,950 Additions 1,000,000 272,000 Qualifying expenditure 1,000,000 328,950 AIA @ 100% WDA @ 18% TWDV c/f as at 30 June 2020 (1,000,000) ______ 0 (59,211) 269,739 Conntex’s allowances total £1,059,211 (£1,000,000 + £59,211) for the year to 30 June 2020. Due to the current level of the AIA the majority of businesses in the UK can get 100% relief for the cost of qualifying plant & machinery in the accounting period in which the expenditure is incurred. Remember that cars cannot benefit from the AIA and should therefore be added to another appropriate column of expenditure. As the AIA is an annual rate it should be scaled up or down if the business operates with a long or short accounting period. Example 2 – Calculating the AIA Sockton Ltd draws up accounts for the 8 months ended 31 August 2019. During the year it purchases machinery for £750,000. The company’s TWDV b/f at 1 January 2019 was £312,000. Calculate the allowances available to Sockton Ltd for the 8 months ended 31 August 2019. 8 TPE 2020 – Taxation – Update ICAS 2020 Notes Solution to Example 2 AIA = 8/12 x £1,000,000 = £666,667 Main Pool TWDV b/f as at 1 January 2019 AIA WDA – 18% £ £ 0 312,000 Additions* 666,667 83,333 Qualifying expenditure 666,667 395,333 AIA @ 100% (666,667) WDA @ 18% x 8/12 TWDV c/f as at 31 August 2019 (47,440) 0 347,893 Total allowances = £666,667 + £47,440 = £714,107 Where the business is a company it will have more than one capital allowances computation if the accounting period exceeds 12 months. The AIA for each computation should be calculated separately and will never exceed the annual amount available (i.e., 12 months max) in either individual computation but may exceed this limit over the two computations. Where a business has a chargeable period which spans the change in AIA limit on 1 January 2019, a hybrid limit has to be calculated. This limit will be made up of two parts; a) The AIA entitlement for the part of the period which falls before 1 January 2019: and b) The AIA entitlement for the part of the period which falls after 1 January 2019. The total AIA entitlement for the period will be the sum of a) and b). AIA entitlement = (Months in period pre Jan 2019 x £200,000) + (Months in period from Jan 2019 x £1,000,000) 12 12 In addition to calculating the appropriate AIA for the whole period, it is also necessary to check that the qualifying expenditure incurred before January 2019 does not exceed a maximum entitlement for that period. This is calculated as the amount of AIA that would have been available for the entire period if the January 2019 rate change had not taken place. For a 12-month accounting period this figure will be £200,000. There is no similar restriction on the expenditure incurred on or after 1 January 2019. For the purposes of this course you will not be expected to learn the equivalent rules in place for the reduction of the rate in December 2021 to £200,000 per annum. TPE 2020 – Taxation – Update 9 ICAS 2020 Notes Example 3 – Calculating the AIA Five companies each have a year end of September 2019. Their capital expenditure is as follows: 1/10/18 –31/12/18 1/1/19 –30/9/19 Total £ £ £ £0 £250,000 £250,000 Dogma Ltd £500,000 £0 £500,000 Saint Ltd £300,000 £200,000 £500,000 Nanny Ltd £200,000 £300,000 £500,000 £0 £900,000 £900,000 Penguin Ltd Punk Ltd How much expenditure will qualify for the AIA in each company? Solution to Example 3 The AIA for the year to 30 September 2019 is £800,000, calculated as follows: 3 x £200,000 + 12 = £50,000 9 x £1,000,000 12 + £750,000 Only £200,000 of expenditure from 1 October 2018 to 1 January 2019 may be allocated to the AIA. The expenditure qualifying for the AIA is therefore: • Penguin Ltd = £250,000 (no restriction as expenditure does not exceed £800,000 and all incurred after 1 January 19). • Dogma Ltd = £200,000 (£200,000 as all before 1 January 2019). • Saint Ltd = £400,000 (£200,000 to 31 December 18 and £200,000 from 1 January 19). • Nanny Ltd = £500,000 (no restriction as expenditure to 31 December 18 does not exceed £200,000 and total expenditure does not exceed £800,000). • Punk Ltd = £800,000 (all expenditure from 1 January 19 but subject to a maximum AIA of £800,000 for the period). Any amounts not qualifying for AIA will be eligible for WDA. 10 TPE 2020 – Taxation – Update ICAS 2020 Notes 1.5.2 The Special Rate Pool A ‘pool’ exists where all expenditure on plant and machinery is gathered together without distinguishing the cost of any particular asset. So far, we have put all assets into one pool known as the ‘main pool’. Although we applied different rates of allowance, (using different columns to differentiate rates) there was only one brought forward and one carried forward figure. There is a second pool, known as the ‘special rate’ pool (or ‘SRP’), where the WDA rate is only 6% per annum (8% in the prior year). As this is an annual rate, the rate will be scaled up or down for a long or short period. The change in rate from 8% down to 6% is effective from 1 April 2019 for companies and 6 April 2019 for sole traders and partnerships. Where a chargeable period spans this change in rate a hybrid rate is required, calculated on a time apportionment basis. For exam purposes this time apportionment should be done to the nearest whole month, for example, a business with a year ended 31 August 2019 would apply a rate of 7/12 x 8% + 5/12 x 6%. 1.5.3 Structures and Buildings Allowances (SBAs) A new structures and buildings allowance is available on expenditure on new commercial structures and buildings incurred on or after 29 October 2018. The allowance will give tax relief on the costs of constructing new commercial structures and buildings or converting existing premises, which, you will know, would not qualify for plant and machinery allowances. SBAs provide a measure of tax relief on qualifying expenditure as follows: • a flat-rate allowance of 2% per annum is granted over a 50-year period (prorated for long or short periods); • relief is available on new commercial structures and buildings, including costs for new conversions or renovations; • relief is available for buildings anywhere in the world, where the business is within the charge to UK tax; • relief is limited to the cost of constructing the structure or building, including demolition costs or land alteration costs, and direct costs to bring the asset into existence; • claims for relief can only be made from when a structure or building first comes into use; • land costs, and planning permission costs, are not eligible for relief; TPE 2020 – Taxation – Update 11 ICAS 2020 Notes • dwelling houses will not qualify, nor any part of a building used as a dwelling. A proportion of a building can qualify if the building is dual purpose however shared areas, used both as a dwelling and commercial area will not qualify and a building which is predominantly a dwelling will also not qualify e.g. a home office; • sale of the asset will not result in a balancing adjustment, instead the purchaser takes over the remainder of the allowances; • expenditure on structures or buildings cannot qualify for the AIA; • where a structure or building is renovated or converted so that it becomes a qualifying asset, the expenditure will qualify for a separate 2% relief over the next 50 years. Structures and buildings include offices, retail and wholesale premises, walls, bridges, tunnels, factories and warehouses. Converting or renovating existing premises or structures of this nature will also qualify. As the cost of new premises is often substantial this new relief is likely to be worth significant tax savings to a business. As an example, a company incurring £10,0000,000 on new commercial premises could be entitled to an annual writing down allowance of £200,000, saving corporation tax, at 19%, of £38,000 per year. Within such a building there is also likely to be a substantial amount of plant & machinery that could qualify for tax relief at 100% (AIA/FYA), 18% (main pool) or 6% (special rate pool). Expenditure on buildings should be examined closely to identify the various elements of qualifying costs. Example 4 – Structures and Buildings Allowances Hottentam Spothur Football Club are planning to redevelop their stadium in North London. They estimate that the stadium renovation will cost £1billion. Part of this cost is due to an innovative new retractable pitch. The club have agreed with HMRC that the retractable pitch and various other elements of the expenditure will qualify as plant and machinery. The stadium also includes commercial retail space and 285 affordable homes. The have provided you with a breakdown of the expenditure would like to know the total allowances available for the year ended 31 March 2020. Costs: £,000 Land alteration costs 15,000 Planning fees and legal fees re land purchase 12,000 Stadium structure (including retail space) 12 650,000 TPE 2020 – Taxation – Update ICAS 2020 Notes Affordable homes 113,000 Retractable pitch 100,000 Integral features 25,000 Plant and machinery 85,000 Total cost 1,000,000 Identify the amount of Hottentam’s expenditure which will qualify for allowances and state the rates of allowances available on each element. Solution to Example 4 The land alteration costs and stadium structure (including retail space) costs will qualify for SBAs at 2% per annum. These costs will sit in their own pool and be written down over 50 years. The planning fees, legal fees and the affordable homes will not qualify for allowances. The retractable pitch and plant and machinery will qualify for 18% WDAs in the main pool (assuming the pitch is not expected to have a useful life 25 years or more). The integral features will qualify for 6% WDAs in the special rate pool. The AIA of £1,000,000 can be used against part of the integral feature expenditure but cannot be used against SBA expenditure. Total allowances: • SBAs – (£15,000,000 + 650,000,000) x 2% = £13,300,000 • Main pool – (£100,000,000 + £85,000,000) x 18% = £33,300,000 • Special rate pool - £1,000,000 x 100% + (£25,000,000 -£1,000,000) x 6% = £2,440,000 Total - £13,300,000 + £33,300,000 + £2,440,000 = £49,040,00 1.6 Capital Gains Tax 1.6.2 Entrepreneurs’ relief The conditions for qualifying assets have been updated. The qualifying assets must have been owned throughout the 24-month period immediately prior to their disposal to qualify for entrepreneurs’ relief. This has replaced the original 12-month rule. TPE 2020 – Taxation – Update 13 ICAS 2020 Notes To qualify for this relief there must be a disposal of qualifying business assets: Disposal of all/part of a sole trade business or partnership (s169I) The individual must have owned the business (or been a member of the partnership) throughout the 24-month period prior to disposal. Note that the disposal of individual asset(s) by a continuing sole trade business will not qualify unless it is an associated disposal. The relief also applies where the business has ceased to trade and the individual disposes of the assets within three years of the date of cessation. The individual needs to have owned the business for 24 months prior to cessation of trade. 14 Disposal of shares/securities (s169I) The individual must be disposing of shares in a trading company where the individual both: • Owns at least 5% of the ordinary share capital; and • Is an employee of the company. These conditions need to have been met throughout the 24-month period prior to disposal. Associated disposal of assets (s169K) An individual owns an asset which is used by their partnership or their personal trading company and is disposed of as part of the withdrawal of the business in either of the other two scenarios. The asset must have been owned for 3 years and used in the business for 24 months prior to disposal. For example: (1) Sells shares (2) Sells building ≥5% Used by company TPE 2020 – Taxation – Update Co ICAS 2020 Notes 1.6.2 Replacement of business assets relief (rollover and holdover relief) If a building which has been the subject of a SBA claim is subsequently sold, when calculating the gain which can be deferred by rollover or holdover relief, any claim previous made for SBAs must be deducted from the cost of the original asset. This will increase the amount of the deferred gain. There is no such restriction where plant and machinery allowances have been claimed on items such as integral features. 1.7 Summary Finance Act 2019 introduced a number of changes to the tax legislation. The key provisions have been covered for each tax above. In approaching revision for the TPE case study, you should ensure that you are aware of these changes in the legislation. At TPE there is less requirement for a large tax revision exercise. Instead, you should use the TPE course case studies as valuable exercises in applying logic and common sense. TPE 2020 – Taxation – Update 15 ICAS 2020 Notes Appendix 1 CA Qualification Rates Sheet 2020 TAX TABLES – EXAMINATIONS IN 2020 Income Tax Allowances 2018/19 2019/20 £11,850 £12,500 £100,000 £100,000 Blind person’s allowance £2,390 £2,450 Transferable marriage allowance £1,190 £1,250 Property income allowance £1,000 £1,000 Rent-a-room relief limit £7,500 £7,500 Trading income allowance £1,000 £1,000 Basic personal allowance Income level for restriction of personal allowance Income Tax Main Rates and Bands (excluding Scottish rate) Income Tax Rates 2018/19 2019/20 0% 0% Basic rate for non-savings and savings income 20% 20% Higher rate for non-savings and savings income 40% 40% Additional rate for non-savings and savings income 45% 45% 7.5% 7.5% 32.5% 32.5% 38.1% 38.1% Main and savings rates Starting rate for savings income only Dividend rates Dividend ordinary rate – dividends taxable at the basic rate Dividend upper rate – dividends taxable at the higher rate Dividend additional rate – dividends taxable at the additional rate Income Tax Bands Basic rate on income up to Higher rate on income £34,500 £37,500 £34,501 - £150,000 £37,501 - £150,000 £5,000 £5,000 £1,000 £1,000 £500 £500 Nil Nil £2,000 £2,000 Additional rate on income over £150,000 Savings income starting rate band Personal savings allowance: Basic rate taxpayers Higher rate taxpayers Additional rate taxpayers Dividend allowance at 0% 16 TPE 2020 – Taxation – Update ICAS 2020 Notes Scottish rate of income tax for non-savings, non-dividend income Scottish rate of income 2018/19 2019/20 Starter rate 19% 19% Basic rate 20% 20% Intermediate rate 21% 21% Higher rate 41% 41% Top rate 46% 46% tax Scottish rate of income tax bands Starter rate on income up to £2,000 £2,049 £2,001 - £12,150 £2,050 - £12,444 £12,151 - £31,580 £12,445 - £30,930 £31,581 - £150,000 £30,931 - £150,000 £150,000 £150,000 Basic rate on income Intermediate rate on income Higher rate on income Top rate on income over Pension Information 2018/19 2019/20 Annual allowance1 £40,000 £40,000 Lifetime allowance £1,030,000 £1,055,000 £3,600 £3,600 55 55 Basic amount qualifying for relief Minimum pension age 1 The annual allowance is increased by unused relief from the previous three years. The allowance is reduced by £1 for every £2 of adjusted income in excess of £150,000. The allowance cannot fall below £10,000. Investment Information 2018/19 2019/20 £20,000 £20,000 £4,260 £4,368 £4,000 £4,000 £1,000,000 £1,000,000 £200,000 £200,000 Annual ISA investment allowance Annual Junior investment allowance (<16 years old) Annual Lifetime ISA investment allowance1 Enterprise Investment Scheme limit Venture Capital trust limit 1 Lifetime ISA available to individuals who are aged between 18 and 40. Savers will receive a 25% annual credit on amounts paid in up to their 50th birthday. The funds can be withdrawn from their 60th birthday or at any time after the first year if the funds are being used to purchase a first home worth no more than £450,000. TPE 2020 – Taxation – Update 17 ICAS 2020 Notes Official Rate of Interest 2018/19 2019/20 2.5% 2.5% Official rate of interest Employment Income – Car Benefit rates1 CO2 Emissions 2018/19 2019/20 0g/km to 50g/km 13% 16% 51g/km to 75g/km 16% 19% 76g/km to 94g/km 19% 22% 95g/km 20% 23% 100g/km 21% 24% 105g/km 22% 25% 110g/km 23% 26% 115g/km 24% 27% 120g/km 25% 28% 125g/km 26% 29% 130g/km 27% 30% 135g/km 28% 31% 140g/km 29% 32% 145g/km 30% 33% 150g/km 31% 34% 155g/km 32% 35% 160g/km 33% 36% 165g/km 34% 37% 170g/km 35% 37% 175g/km 36% 37% 180g/km or above 37% 37% 2018/19 2019/20 £23,400 £24,100 1 Supplement for diesel = 4% (capped at 37%) Car Fuel Benefits Appropriate percentage (per car benefit rates) Van Benefits 2018/19 2019/20 Private use benefit – CO2 emissions of 0g/km £1,340 £2,058 Private use benefit – CO2 emissions >0g/km £3,350 £3,430 £633 £655 Fuel benefit 18 TPE 2020 – Taxation – Update ICAS 2020 Notes Approved Mileage Rates (AMR) 1 Car or van First 10,000 business miles 45p Additional business miles 25p Motorcycles 24p Bicycles 20p Carrying passenger on business 5p 1 From 2011/12 onwards Capital Allowances: Rate Qualifying assets Annual investment 100% on Any plant and machinery other than allowance £1,000,000 from 1 cars January 2019 (£200,000 prior to 1 January 2019) First year allowance 100% FYA Registered energy-saving and waterefficient technologies and registered environmentally beneficial plant and machinery. Zero-emission goods vehicles. New low emission cars (no more than 50g/km). Standard allowance 18% WDA All plant and machinery excluding cars, long life assets and integral features. Cars with emissions to 110g/km. Special rate 6% WDA from 1/6 Long life assets and integral features. April 2019 (8% Cars with emissions exceeding prior to 1/6 April 110g/km. 2019) Structures & buildings 2% SBA from 29 New commercial structures and allowance October 2018 buildings on a straight-line basis. Corporation Tax Main rate TPE 2020 – Taxation – Update FY2018 FY2019 19% 19% 19 ICAS 2020 Notes EU Definition of Small and Medium Enterprises1,2,3 Small Enterprise Balance sheet Medium Enterprise 1 Enterprise 2 ≤50 ≤250 ≤500 ≤€10m ≤€50m ≤€100m ≤€10m ≤€43m ≤€86m Employees Turnover Medium assets Must meet the employees’ criteria and either the turnover or the balance sheet asset criteria 1 2 Medium Enterprise 1 is used for transfer pricing. 3 Medium Enterprise 2 is used for R & D tax credits. R&D Relief Rates SME – tax deduction Large company - RDEC FY2018 FY2019 230% 230% 12% 12% 2018/19 2019/20 £11,700 £12,000 10% 10% 10% 10% 20% 20% £10 million £10 million Capital Gains Tax Rates Annual exempt amount CGT rates for individuals Gains qualifying for entrepreneurs’ relief Gains in remaining basic rate Gains exceeding basic rate band1 band1 Entrepreneurs’ relief – lifetime limit on relevant gains 1 For gains in respect of residential property, the rates are 18% (gains in remaining basic rate band) and 28% (gains exceeding basic rate band). 20 TPE 2020 – Taxation – Update ICAS 2020 Retail Prices Index (RPI) Jan Feb 1982 1983 1984 1985 82.97 87.20 91.94 Mar 79.44 83.12 87.48 92.80 Apr 81.04 84.28 88.64 94.78 May 81.62 84.64 88.97 95.21 Jun 81.85 84.84 89.20 95.41 Jul 81.88 85.30 89.10 95.23 Aug 81.90 85.68 89.94 95.49 Sep 81.85 86.06 90.11 95.44 Oct 82.26 86.36 90.67 95.59 Nov 82.66 86.67 90.95 95.92 Dec 82.51 86.89 90.87 96.05 82.61 86.84 91.20 1986 1987 1988 1989 1990 96.25 100.0 103.3 111.0 119.5 96.60 100.4 103.7 111.8 120.2 96.73 100.6 104.1 112.3 121.4 97.67 101.8 105.8 114.3 125.1 97.85 101.9 106.2 115.0 126.2 97.79 101.9 106.6 115.4 126.7 97.52 101.8 106.7 115.5 126.8 97.82 102.1 107.9 115.8 128.1 98.30 102.4 108.4 116.6 129.3 98.45 102.9 109.5 117.5 130.3 99.29 103.4 110.0 118.5 130.0 99.62 103.3 110.3 118.8 129.9 1991 1992 1993 1994 1995 130.2 135.6 137.9 141.3 146.0 130.9 136.3 138.8 142.1 146.9 131.4 136.7 139.3 142.5 147.5 133.1 138.8 140.6 144.2 149.0 133.5 139.3 141.1 144.7 149.6 134.1 139.3 141.0 144.7 149.8 133.8 138.8 140.7 144.0 149.1 134.1 138.9 141.3 144.7 149.9 134.6 139.4 141.9 145.0 150.6 135.1 139.9 141.8 145.2 149.8 135.6 139.7 141.6 145.3 149.8 135.7 139.2 141.9 146.0 150.7 1996 1997 1998 1999 2000 150.2 154.4 159.5 163.4 166.6 150.9 155.0 160.3 163.7 167.5 151.5 155.4 160.8 164.1 168.4 152.6 156.3 162.6 165.2 170.1 152.9 156.9 163.5 165.6 170.7 153.0 157.5 163.4 165.6 171.1 152.4 157.5 163.0 165.1 170.5 153.1 158.5 163.7 165.5 170.5 153.8 159.3 164.4 166.2 171.7 153.8 159.5 164.5 166.5 171.6 153.9 159.6 164.4 166.7 172.1 154.4 160.0 164.4 167.3 172.2 2001 2002 2003 2004 2005 171.1 173.3 178.4 183.1 188.9 172.0 173.8 179.3 183.8 189.6 172.2 174.5 179.9 184.6 190.5 173.1 175.7 181.2 185.7 191.6 174.2 176.2 181.5 186.5 192.0 174.4 176.2 181.3 186.8 192.2 173.3 175.9 181.3 186.8 192.2 174.0 176.4 181.6 187.4 192.6 174.6 177.6 182.5 188.1 193.1 174.3 177.9 182.6 188.6 193.3 173.6 178.2 182.7 189.0 193.6 173.4 178.5 183.5 189.9 194.1 2006 2007 2008 2009 2010 193.4 201.6 209.8 210.1 217.9 194.2 203.1 211.4 211.4 219.2 195.0 204.4 212.1 211.3 220.7 196.5 205.4 214.0 211.5 222.8 197.7 206.2 215.1 212.8 223.6 198.5 207.3 216.8 213.4 224.1 198.5 206.1 216.5 213.4 223.6 199.2 207.3 217.2 214.4 224.5 200.1 208.0 218.4 215.3 225.3 200.4 208.9 217.7 216.0 225.8 201.1 209.7 216.0 216.6 226.8 202.7 210.9 212.9 218.0 228.4 2011 2012 2013 2014 2015 229.0 238.0 245.8 252.6 255.4 231.3 239.9 247.6 254.2 256.7 232.5 240.8 248.7 254.8 257.1 234.4 242.5 249.5 255.7 258.0 235.2 242.4 250.0 255.9 258.5 235.2 241.8 249.7 256.3 258.9 234.7 242.1 249.7 256.0 258.6 236.1 243.0 251.0 257.0 259.8 237.9 244.2 251.9 257.6 259.6 238.0 245.6 251.9 257.7 259.5 238.5 245.6 252.1 257.1 259.8 239.4 246.8 253.4 257.5 260.6 2016 2017 258.8 265.5 260.0 268.4 261.1 269.3 261.4 270.6 262.1 271.7 263.1 272.3 263.4 272.9 264.4 274.7 264.9 275.1 264.8 275.3 265.5 275.8 267.1 278.1 TPE 2020 – Taxation – Update 21 ICAS 2020 National Insurance Rates Class 1 figures: Lower earnings limit (LEL) Primary threshold (PET) Secondary threshold (SET) Upper earnings limit (UEL) Upper secondary threshold for U21s (UST) Class 1 Primary Contribution Rates Earnings between PET and UEL Earnings above UEL Annual 2018/19 Monthly Weekly £6,032 £8,424 £8,424 £46,350 £46,350 £503 £702 £702 £3,863 £3,863 £116 £162 £162 £892 £892 Annual £6,136 £8,632 £8,632 £50,000 £50,000 2019/20 Monthly Weekly £512 £719 £719 £4,167 £4,167 £118 £166 £166 £962 £962 2018/19 12% 2% 2019/20 12% 2% Class 1 Secondary Contribution Rate Earnings above SET 13.8% 13.8% Employment allowance £3,000 £3,000 Class 1A Contribution Rate Class 1B Contribution Rate 13.8% 13.8% 13.8% 13.8% Class 2 contributions Normal rate Small profits threshold £2.95 pw £6,205 pa £3.00 pw £6,365 pa Class 3 contributions £14.65 pw £15.00 pw £8,424 £46,350 9% 2% £8,632 £50,000 9% 2% Class 4 contributions Annual lower profits limit (LPL) Annual upper profits limit (UPL) Percentage rate between LPL and UPL Percentage rate above UPL Value Added Tax Standard rate 20% Registration limit £85,000 De-registration limit £83,000 22 TPE 2020 – Taxation – Update ICAS 2020 Notes VAT road fuel scale charges from 1 May 2019 Description of VAT inclusive VAT inclusive VAT inclusive vehicle: vehicles consideration for a consideration for a consideration for a CO2 emissions 12 month 3 month 1 month figure prescribed prescribed prescribed accounting period accounting period accounting period 120 or less 592 147 49 125 886 222 73 130 947 236 78 135 1,004 250 83 140 1,066 265 87 145 1,123 280 93 150 1,184 296 98 155 1,241 310 103 160 1,303 325 107 165 1,360 340 113 170 1,421 354 117 175 1,478 369 122 180 1,540 384 128 185 1,597 399 132 190 1,658 414 137 195 1,715 429 143 200 1,777 444 147 205 1,834 458 152 210 1,895 473 157 215 1,952 487 162 220 2,014 502 167 225 or more 2,071 517 172 TPE 2020 – Taxation – Update 23 ICAS 2020 Notes Inheritance Tax Rates and Bands Death rate – 40% Death rate (where 10% of estate left to charity) – 36% Nil rate band 6 April 2007 – 5 April 2008 £300,000 6 April 2008 – 5 April 2009 £312,000 6 April 2009 – 5 April 2021 £325,000 Residence nil rate band1 6 April 2018 – 5 April 2019 £125,000 6 April 2019 – 5 April 2020 £150,000 6 April 2020 – 5 April 2021 £175,000 1 For estates with a value of more than £2m, the residence nil rate band is reduced by £1 for every £2 in excess of £2m. Quick succession relief 24 Period between transfers < 1yr 100% Between 1 and 2 years 80% Between 2 and 3 years 60% Between 3 and 4 years 40% Between 4 and 5 years 20% TPE 2020 – Taxation – Update ICAS 2020 Notes Stamp Taxes Stamp Duty 0.5% Stamp Duty Reserve Tax Paperless transfers 0.5% Stamp Duty Land Tax (land and buildings in England or Northern Ireland) Residential (excluding first-time buyers) 0% Up to £125,000(1) 2% Next £125,000 (the portion from £125,001 to £250,000) (1) 5% Next £675,000 (the portion from £250,001 to £925,000) (1) (2) 10% Next £575,000 (the portion from £925,001 to £1,500,000) (1) (2) 12% Over £1,500,000(1) (2) If the property purchased is an additional property costing > £40,000 such that (1) an individual now owns more than one residential property, there is an additional 3% Stamp Duty Land Tax to be paid on the full value of the transaction. If the purchaser is a non-natural person the rate is 15% of the total (2) consideration for acquisitions over £500,000. Residential purchases by first-time buyers 0% Up to £300,000 5% Next £200,000 (the portion from £300,001 to £500,000) Above £500,000 - no relief due, the standard rates above apply Non-residential 0% Up to £150,000 2% Next £100,000 (the portion from £150,001 - £250,000) 5% Over £250,000 Stamp Duty Land Tax on NPV of rent Net present value of rent Residential Non-residential or mixed 0% Up to £125,000 Up to £150,000 1% Excess over £125,000 Next £4,850,000 (the portion from £150,001 - £5,000,000) 2% n/a TPE 2020 – Taxation – Update Over £5,000,000 25 ICAS 2020 Notes Land and Buildings Transaction Tax (land and buildings in Scotland) Residential (excluding first-time buyers) 0% Up to £145,000(1) 2% Next £105,000 (over £145,000 to £250,000)(1) 5% Next £75,000 (over £250,000 to £325,000)(1) 10% Next £425,000 (over £325,000 to £750,000)(1) 12% Over £750,000(1) If the property purchased is an additional property costing > £40,000 such that (1) an individual now owns more than one residential property, there is an additional 4% Land and Buildings Transaction Tax to be paid on the full value of the transaction. Residential purchases by first-time buyers 0% 2% Up to £175,000 Next £75,000 (over £175,000 to £250,000) Above £250,000 –the standard rates above apply to the excess Non-residential 0% Up to £150,000 1% Next £100,000 (over £150,000 to £250,000) 5% Over £250,000 Land and Buildings Transaction Tax on NPV of rent for non-residential leases Net present value of rent 26 0% Up to £150,000 1% Excess over £150,000 TPE 2020 – Taxation – Update ICAS 2020 Notes Land Transaction Tax (land and buildings in Wales) Residential 0% Up to £180,000(1) 3.5% Next £70,000 (over £180,000 to £250,000)(1) 5% Next £150,000 (over £250,000 to £400,000)(1) 7.5% Next £350,000 (over £400,000 to £750,000)(1) 10% Next £750,000 (over £750,000 to £1,500,000)(1) 12% Over £1,500,000(1) If the property purchased is an additional property costing > £40,000 such that (1) an individual now owns more than one residential property, there is an additional 3% Land Transaction Tax to be paid on the full value of the transaction. Non-residential 0% Up to £150,000 1% Next £100,000 (over £150,000 to £250,000) 5% Next £750,000 (over £250,000 to £1,000,000) 6% Over £1,000,000 Land Transaction Tax on NPV of rent for non-residential leases Net present value of rent 0% Up to £150,000 1% Next £1,850,000 (over £150,000 to £2,000,000) 2% Excess over £2,000,000 TPE 2020 – Taxation – Update 27 ICAS 2020 Notes Environmental Taxes Climate Change Levy (‘CCL’) Main rates of CCL From 1 April 2018 From 1 April 2019 Electricity 0.583p/kw hr 0.847p/kw hr Gas 0.203p/kw hr 0.339p/kw hr Petroleum Gas 1.304p/kg 2.175p/kg Other taxable commodity e.g., coal 1.591p/kg 2.653p/kg From 1 April 2018 From 1 April 2019 0.331p/kw hr 0.331p/kw hr 5.280p/kg 5.280p/kg Coal and other solid fossil fuels (petroleum 154.790 pence per 154.790 pence per coke; lignite; coke and semi-coke of coal or gigajoule on gross gigajoule on gross calorific value calorific value From 1 April 2018 From 1 April 2019 £88.95/tonne £91.35/tonne £2.80/tonne £2.90/tonne From 1 April 2018 From 1 April 2019 £2/tonne £2/tonne Carbon Price Support rates of CCL In Great Britain, gas supplied by a gas utility LPG lignite) Landfill Tax, Scottish Landfill Tax and Landfill Disposals Tax (Wales) Standard rate Lower rate Aggregates Levy Standard rate 28 TPE 2020 – Taxation – Update ICAS 2020 Notes Harmonised Penalty Regime FA 2007 Sch 24 – Penalties for Errors A penalty is payable when a loss of tax arises due to a taxpayer making a careless error or mistake in a tax return or document, or a third party supplies false information, or deliberately withholds information in connection with another person’s return or document, or when HMRC raises an assessment for tax and the taxpayer fails to notify HMRC that the assessment is too low. The penalty is: a) for careless action, 30% of the potential lost revenue, b) for deliberate but not concealed action, 70% of the potential lost revenue, and c) for deliberate and concealed action, 100% of the potential lost revenue. If a person who would otherwise be liable to a penalty of a percentage shown above has made a disclosure, HMRC must reduce the standard percentage to one that reflects the quality of the disclosure. The standard percentage may not be reduced to a percentage that is below the minimum show for it: Standard % Minimum % for prompted disclosure 30% 70% 100% 15% 35% 50% Minimum % for unprompted disclosure 0% 20% 30% Disclosure is unprompted if made at a time when the person making it has no reason to believe HMRC have discovered or are about to discover the inaccuracy. FA 2008 Sch 41 – Penalties for Failure to Notify Chargeability A penalty is payable based on the unpaid amount of tax that would have, had the notification not been delayed, been due on the normal due date (the ‘potential lost revenue’). The penalty is: a) for deliberate and concealed failure, 100% of the potential lost revenue, b) for deliberate but not concealed failure, 70% of the potential lost revenue, c) for any other case, 30% of the potential lost revenue. If a person who would otherwise be liable to a penalty of a percentage shown above has made a disclosure, HMRC must reduce the standard percentage to one that reflects the quality of the disclosure. The standard percentage may not be reduced to a percentage that is below the minimum shown for it: Standard % Minimum % for prompted disclosure Minimum % for unprompted disclosure 30% Notified within 12 months: 10% Notified in any other case: 20% 35% 50% Notified within 12 months: 0% Notified in any other case: 10% 70% 100% 20% 30% Disclosure is unprompted if made at a time when the person making it has no reason to believe HMRC have discovered or are about to discover the relevant act or failure. TPE 2020 – Taxation – Update 29 ICAS 2020 Notes FA 2009 Sch 55 – Penalties for Failure to Make Returns etc. A penalty is payable where a person fails to make or deliver a return, or to deliver any other document, before the filing date. Penalty £100 Late £10 daily penalty (90 days max) Three months late Greater of: 5% of the tax due on return or £300 Six months late For a return that is more than twelve months late, a tax geared penalty will apply: • 100% for a deliberate failure to file the return with concealment; • 70% for a deliberate failure to file the return and with no concealment; or • 5% for a non-deliberate failure to file the return. In each case a minimum penalty of £300 applies. FA 2009 Sch 56 – Penalties for Failure to Make Payments on Time A penalty is payable where a person fails to pay an amount of tax on or before the ‘penalty date’. Penalty date Initial penalty of 5% based on: Further penalty of 5% based on: Further penalty of 5% based on: 30 Income tax Capital gains tax Stamp duty reserve tax Stamp duty land tax 30 days after normal payment date Any unpaid tax at penalty date Unpaid tax at 5 months after penalty date Unpaid tax at 11 months after penalty date Corporation tax Company tax return filing date Any unpaid tax at penalty date Unpaid tax at 3 months after penalty date Unpaid tax at 9 months after penalty date TPE 2020 – Taxation – Update