SKANS School of Accountancy Multan CHAPTER # 01 Basic Tax computation INCOME TAX is paid by a taxable person on his taxable income in a tax year. Taxable income: Income from all sources except exempt income, minus reliefs & personal allowance. Tax Year: income tax is calculated on income earned during the tax year which runs from 6th April to 5th April. For examination concerned tax year 2022-23is tested which runs from 6th April 2022 to 5th April 2023 Taxable Person: All individuals including children are called taxable person and pay income tax and National insurance on taxable income earned during tax year. Resident Status Purpose of determine the status of resident of UK All persons who are UK resident pay income tax on their worldwide income. Non UK resident pay tax only income which he earned in UK in tax year Residence status under the SRT: You should take the following steps to ascertain your residence status under the SRT: Step 1: Consider the three automatic overseas tests. If you meet one of these you are not UK resident. If you did not; consider second step o A person stays in the UK for fewer than 16 days during the tax year. or o A person stays in the UK for fewer than 46 days during the tax year, provided they have not been resident for any of the previous three tax years. or o A person carries out full-time work overseas and his stays in UK is less than 90 days Step 2: Consider three automatic UK resident tests. If you meet one of these, you are UK resident. If you did not; consider third step o A person that stays in the UK for 183 days or more during the tax year. or o A person whose only home is in the UK and have no overseas home or o A person that carries out full-time work in UK Step 3: if the automatic residence tests are not met, then a person's residence status for a particular tax year is determined according to the sufficient UK ties test For this test use the table and - consider individual how many days individual stayed in UK whether individual was previously resident (leaver) or not previously resident (joiner) and determine the number ties required for resident Days in 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 tie (or more) Resident if 2 UK ties (or more) 183 or more Automatically resident Automatically resident 1 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan There are five potential UK ties: 1. Having a spouse, civil partner or minor children resident in the UK. But not include parents and grandparents 2. Having accommodation in the UK that is made use of during the tax year. The definition of what counts as accommodation is quite detailed, but it generally does not include owning a property that is let out, short visits with relatives, and stays in hotels. The person has a place in UK available to live in for 91 days or more during that tax year and stays there for: - At least one night; or - At least 16 nights (if it is the home of a close relative). 3. Doing substantive work in the UK. This is defined as working for 40 or more days during the tax year (a working day is as per previously defined). 4. Spending more than 90 days in the UK in either or both of the two previous tax years. 5. Spending more time in the UK during the tax year than in any other single country Income Tax per forma Non Saving Dividend Total Saving Trading income Note-1 XXX XXX Employment income Note-2 XXX XXX Pension incomeand Royalty income XXX XXX Property income XXX XXX Exempt income Note-3 0 0 0 0 Joint income (spouse or civil partners) ×50% or actual XXX ratio Note-4 Interest from loan notes or Gilts Note- 5.2 XXX XXX Bank deposit interest XXX XXX Building society interest XXX XXX Other interest income (received gross) XXX XXX Dividend income Note-6 XXX XXX XXX XXX XXX XXX Total income Less Reliefs: Losses (subject to rule) (XXX) (XXX) (XXX) (XX) Qualifying interests Note-7 (XXX) 1 (XXX) 2 (XXX) 3 (XX) XXX XXX XXX XXX Net income Less: personal Allowance £12,570 Note-8 (XXX) 1 (XXX) 2 (XXX) 3 (XX) XXX XXX XXX Taxable Income Calculation of tax liability Note: Tax bands are extended if taxpayer made gift aid donation or personal pension contribution with gross amount for calculation of income tax liability Note - 9 Non saving income Basic Taxpayer £1------- £37,700 20% Higher Taxpayer £37,701-----£150,000 40% Additional Taxpayer Above £150,000 45% Saving income Starting rate £1------£5,000 Note-5.3 (Apply only if saving income falls in first £5,000 taxable 2 0% F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter XXX XXX XXX XXX 0 SKANS School of Accountancy Multan income and if non saving >£5,000 starting rate does not apply) NIL Rate Band Basic tax payer £1000 Higher Taxpayer £500 Additional Taxpayer (nil rate band is not applicable) Normal rates Basic Tax payer £5001------£37,700 Higher Taxpayer £37,701----£150,000 Additional TaxpayerAbove £150,000 Important note: First apply starting rate band Second apply Nil rate band Third apply Normal rate band Dividend income NIL Rate Band is available for all type of taxpayer is £2,000 Normal rate Basic Taxpayer £1------- £37,700 Higher Taxpayer £37,701------- £150,000 Additional Taxpayer Above £150,000 Important note: First Apply Nil rate band Second Apply Normal rate Tax liability Add: Child benefit Note-10 Total tax liability Less: marriage Personal Allowance (1260×20%) Note-8.2 Less: (interest on loan of residential property ×100% ×20%) Less: PAYE Tax payable or (Refundable) 0% 0% (N/A) 0 0 20% 40% 45% XXX XXX XXX 0% 0 8.75% 33.75% 39.35% XXX XXX XXX XXX XXX XXX (252) (XX) (XX) X/(xx) Trading Income Note – 1 Net profit as per accounting profit Add: Expenditure not allowed for tax purposes included in profit and loss Taxable trading profit not credited in the accounts of profit and loss Less: Expenditure not charged in the accounts but allowable for taxation purposes Income included in the accounts that is not taxable as trading Capital allowances Tax Adjusted Trading profit after Capital Allowance 3 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter £ Xxx Xxx Xxx (xxx) (XXX) (xxx) Xxx SKANS School of Accountancy Multan Employment income Note -2 Salary Bonus Commission Taxable Benefits Less: Allowable deductions as per tax rules Total employment income £ Xxx Xxx Xxx Xxx (xxx) Xxx Exempt income Note-3 The following is exempt and must not be included in the format (just state that it is exempt) o Premium bonds winnings and Gaming, lottery o Income received from a individual savings account (ISA) o National saving and investment certificates interest o Some social security benefits o Scholarship income and state benefits paid in the event of accident, sickness or disability. Jointly owned assets of a married couple, or by a couple in a civil partnership Note- 4 When spouses/civil partners own income generating assets jointly, - It is assumed that they are entitled to equal shares of the income and it is split accordingly on a 50:50 basis between them. - However they may make a joint election to HMRC to split the income according to their actual ownership shares Spouse and civil partners are taxed as two separate people. When it comes to tax planning for a married couple, or a couple in a civil partnership the availability of the savings income nil rate band means that transferring income from the partner paying tax at a higher rate to the partner paying tax at a lower rate. Note: 1. A joint bank account will always be taxed 50:50 regardless of who contributions what amount 2. If shares are owned, dividends are always divided according to the exact proportion to which each is actually entitled, it is never assumed that it is in equal proportions. Saving Income Note-5 5.1- Interest income received gross The following income received without deduction of tax at source and gross: o Bank interest and Building society interest o Interest on debenture of unlisted unquoted companies (e.g. loan note interest) o National saving and investment bank account interest (including income from NS&I investment and NS&I direct investment) o Interest on government securities (gilts),including Treasury Stock and Exchequer stock o Interest on debentures of listed (quoted ) companies (For F6 examination always assume all saving income are received gross) 5.2- Accrued Income Scheme It is applicable upon Govt. securities & debentures having value more than £5,000 at any time during tax year. In this scheme interest is deemed to be accrued on daily basis (calculate on monthly basis in exams) so the price of debenture is apportioned between interest & capital element. The interest is assessable to income tax 4 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan The scheme does not apply if the securities are transferred on death. EXAMPLE On 1 July 2022, Peter purchased £100,000 (nominal value) of gilts which pay interest at the rate of 3% for £120,000. Interest is paid half-yearly on 30 June and 31 December based on the nominal value. Peter sold the gilts on 30 November 2022 to Petra for £121,250 (including accrued interest). The accrued interest included in the sale proceeds figure is £1,250 (100,000 at 3% x 5/12). Peter/seller Peter will include the accrued interest as savings income for 2022–23, even though he has not received any actual interest .Peter will include interest as saving income of 5 months£1,250 (100,000 at 3% x 5/12) Petra/Buyer Petra will receive interest of £1,500 (100,000 at 3% x 6/12) on 31 December 2022, but will only include £250 (1,500 – 1,250) as savings income for 2019–20. 5.3-Starting rate Zero rate o With this saving income nil rate band, saving income can also benefit from the staring rate of 0%. However, the starting rate only applies where saving income falls within the first £5,000 of taxable income. If non saving income exceeds £5, 000, then the starting rate of 0% for saving does not apply Dividend income Note-6 o Dividends received from a company are charged to income tax in the tax year in which they are received. The receipt date is taken as the date on the dividend voucher.Dividends income is received gross o The first £2,000 of dividend income for tax year 2022-23benefits from a 0% rate. This £2,000 nil rate band is available to all tax payers, regardless of whether they pay tax at basic, higher or additional rate. However the dividend nil rate band counts towards the basic and higher rate thresholds Qualifying interest Note-7 If the loan is taken for the following purpose then the interest paid on such loan can be deducted from total income in tax year in which the interest paid to calculate net income Loan to Purchase of Interest is allowed for three years form the end of the tax year in which the plant and machinery loan was taken for purchase plant and machinery which is used in partnership business or employment. If plan or machinery is used partly for private use , the allowable is apportioned Loan to Purchase of The company must be an unquoted trading company resident in UK with at shares of employee least 50% of the voting shares held by employees‟ controlled company Loan or invest in The investment may be contribution to the partnership capital or a loan to partnership partnership. The individual must be a partner (other than limited partner). Relief ceases when he cease to be a partner Loan to invest in co The investment may be shares or a loan . the individual must spend the operative society greater part of their time working for the co operative Personal Allowance Note-8 Personal allowance is an amount on which income tax will not be charged.If an individual makes income above this allowance amount, then income tax will be charged on that additional income Personal allowance is deducted from individual‟s net income to arrival taxable incomeFor the tax year 2022/23 the personal allowance is £12,570 5 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Definition of Adjusted Income Total net income after deduction the reliefs Less: personal pension contribution (Gross) Note -9 Less: Gift Aid Donation (Gross) Note -9 Adjusted Net Income ANT < £100,000 Adjusted Net Income more than £100,000 Note – 8.2 Transfer of personal allowance/ marriage allowance/ marriage tax allowance £ XX (X) (X) XX Basic personal allowance available is £12,570 for tax year 2022-23 Reduced personal allowance if Adjusted net income exceeds£100,000 Where taxpayer‟s ANT exceeds £100,000,the personal allowance is reduced by (ANT - £100,000) × 50% Effective marginal rate of income tax is 60%,.Where taxpayer has an adjusted net income of between £100,000 and £125,140 This 60% effective rate is made up of: Higher rate of 40% on income plus additional 20% as result of withdrawal of Personal allowance .In this situation, it may be beneficial to make additional personal pension contributions or gift aid donation to reduced ANT below £100,000 It is now possible to elect to transfer a fixed amount of the personal allowance to a spouse or registered civil partner. The transferable fixed amount is £1,260 for the tax year 2022/23, A transfer is not permitted if either spouse or civil partner is a higher or additional rate taxpayer. The benefit is given to the recipient as reduction from their income tax liability at the basic rate of tax rather than as an actual increase in their personal allowance. The tax reduction is therefore £252 (1,260 x 20%). If the recipient‟s tax liability is less than £252, then the tax reduction is restricted so that the recipient‟s tax liability is not reduced below zero. Election made by taxpayer: Before 6 April 2022 it will have effect for 2022-23 and subsequent tax year unless it cancelled by transferor spouse / civil partner or circumstance change After 6 April 2023, it must made within four years of end of tax year (i.e. 5 April 2027) and only be apply for tax year 2022-23 In summary, if adjusted net income is - <£100,000 then 100% full basic personal allowance is available to taxpayer£12,570 - ≥£ 125,140 then personal allowance is reduced to zero (nil available ) - £100,000 between £125,000 then personal reduced to the excess amount to half (adjusted net income-£100,000) ×50% Gift Aid donation and Personal pension contributions Note-9 When tax payer pays charity under gift aid donation or make a personal pension contribution then the taxpayer only pays 80%(net) of the amount and remaining 20%is paid by HMRC. For example, if the taxpayer wishes to pay £200 then he will only pay £160 and the remaining £40 will be paid by HMRC If taxpayer pays donation under Gift Aid Donation scheme or personal pension scheme then tax benefit will be given as following:- 6 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Step # 1 This amount paid by taxpayer will be grossed up by (net amount/80 ×100) The basic rate band and higher rate band of the tax payer will be extended by the gross amount e.g. The tax payer paid 8000 (net) Step # 2 (8000/80×100) = 10,000 Original Tax Band Basic band £1-------£37,500 ADD Extended Tax Band Basic band £1-------£47,500 (£37,500 + £10,000)= 47,500 Higher band £37,501----£150,000 ADD Additional band £150,001-----and above Higher band £47,501----£160,000 (£150,000 +£ 10,000) = £160,000 Additional band £160,001-----and above Child Benefit Income Tax Charge Note-10 o Child benefit is a tax free payment to parents of children irrespective of what level of taxpayer they may be ANI <£50,000 If taxpayer Adjusted net income is < £50,000 no tax is charge (exempt) ANI between Where adjusted net income falls between £50,000 and £60,000 the £50,000 to £60,000 income tax charge would amount to 1% of the child benefit received for every £100 of income in excess of £50,000. (ANT - £50,000 )/100 × 1% = tax charge rate × child benefit ANI >£60,000 Where Adjusted net income of individual is > £60,000 child benefit amount is fully taxable Tax application The income tax charge on child benefit is added in deriving the income tax liability of the taxpayer. Payment of tax If both partners have adjusted net income over £50,000 the partner with the higher income is liable for the charge. Where the charge applies the tax payer must complete a tax return and the charge is collected through the self-assessment system Avoid tax charge To avoid child benefit tax charge, taxpayer can opt not to receive child benefit at all so that the income tax charge does not apply Individual Saving account An ISA is a financial product available in the UK it is a tax efficient way of saving or investing. An ISA investment will be free from UK income tax and capital gains tax ISA component ISA has two component 1. Cash ISAs:- This includes banks and building society accounts , as well as those National Saving products where the income is not exempt from tax 2. Stocks and Shares ISAs:-Stocks and shares listed anywhere in the world 7 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Annual Subscription limits ISAs have annual subscription limit for 2022-23 of £20,000 per person which can be invested in a cash NISAs or stocks and shares ISAs There is no restriction on the proportion of the £20,000 limit that can be invested in either type of account. Spouses and Civil partners each have their own limits Investment in ISAs Individual Investment Aged between 16 and 18 Open the Cash ISAs but cannot investment in UK resident Stock Investment in cash ISAs and stocks and shares Aged 18 and over ISAs Advantages of ISAs The main advantages of ISAs are: (a) Income is free of income tax (b) Disposals of investments within an ISA are free from capital gains tax (c) No minimum holding period - withdrawals can be made at any time Individual Saving account and Nil rate band The availability of the saving income nil rate band for basic and higher rate taxpayers means that there is no tax benefit to investing in cash ISAs for many individuals. However cash ISAs are advantageous for additional rate taxpayers and for other individuals where their savings income nil rate band is already utilised The availability of the dividend nil bands means that there is no tax advantage to receiving dividend income within stocks and shares ISA for many individuals. However, chargeable gains made within stocks and shares ISA are exempt from capital gain tax. Stocks and shares ISAs are therefore advantageous where chargeable gains are made in excess of the annual exempt amount 8 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan CHAPTER #02 Property income Cash basis The cash basis is now the default basis for calculating property income for individuals and partnerships This gives automatic bad debt relief as rental income is not taxed unless it is received. Accruals basis 1. It is still possible to opt to use the accruals basis, An election is made for the accruals basis to apply (elect by 31 January 2025 for 2022/23 tax year which means 22 months after end of tax year) 2. The accruals basis must be used if property income receipts exceed £150,000. Note:- 1- Limited companies continue to use the accruals basis. 2- Security deposits (these are returned to the tenant on the cessation of a letting, less the cost of making good any damage, so they are therefore initially not treated as income). The proforma computation shown below can be used to calculate the rental income assessment for an individual. UK property income £ £ Rents received during the tax year(see Note 1 below) X Part of premium received on short lease(see Note 2 below) X XX Less X Allowable revenue expenses (see Notes 3 below) X Pre letting expenditure (see Notes 4 below) X Management expenses and agent‟s fee X Council tax, water rates (if paid by landlord) X Gardener‟s wages, cleaner‟s wages X Insurance for the property(see Notes 5 below) X Repairs X Painting and decorating X Impair debts or Debts written off(see Note 6 below) Motor car expenses (see Note 7 below) X Capital allowance (see Note 8 below) Interest on a loan to acquire or improve a let non-residential property. X 100% allowable X Interest on loans in relation to the residential property only X (see Note 9 below) X Replacement furniture relief.(see Note 10 below) (X) Property income assessable X Property income 1- Rent income Note-01 Cash basis: Under cash basis rent will be included Accruals basis:- Under accrual basis rent income on a received basis (rather than a receivable basis), and expenses are included receivable and payable with expenses (such as insurance) deducted on a basis during the tax year paid basis (rather than a payable basis) during tax year In any examination question involving property income for individuals and partnerships, it should be assumed that the cash basis is to be used unless specifically stated to the contrary 9 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan 2- Premium on short lease Note-02 A premium is a lump sum amount received by the landlord at the start of the lease in return for giving the tenant the exclusive right to use the property for the period of 50 or less than 50 years of the lease. When the lease terminates, the property reverts back to the owner. The amount to be assessed as property income equal to amount is: Premium X Less: Premium × 2% (n-1) (X) Premium X n= number of years Property Expenses Expenditure is allowable if the property is available for letting. Therefore expenses are allowable if incurred while the property is empty (e.g. repairs carried out in between old tenants moving out and new tenants moving in)under accrual basis Allowable expenses must be incurred wholly and exclusively for the purposes of the property letting business Owner occupied property .However, if the owners occupy the property at any time, expenses are not Expenses time proportionate allowable if incurred while the property is occupied by the owner. It may be necessary to time apportion some expenses and only allow those incurred while the property is available for letting. Some expenses are not time apportion even owner occupied the property because Expenses not time proportionate which relate wholly to letting would be fully deductible. For example: Advertisement ,Agents fee and commission Revenue expenditure Note-03 Capital expenditure is NOT allowed, only revenue expenditure are allowable, and however capital expenditure to improve the property is not allowed and repair of property is allowable Pre letting expenditure Note-04 Expenditure incurred in the seven years pre letting, provided the expenses would normally be allowed if incurred whilst letting property.i,e advertisement , management expenses etc. Insurance expenses Note-05 Under the cash basis the whole amount of insurance paid during tax year is allowable expenses. Under the accruals basis, insurance premium is accounted as insurance is payable for letting period during tax year.i.e.If Mr. Ali paid an insurance of £600 on 1st July 2021 for a year and of £1200 in paid 1st July 2022 for a year insurance expenses = (£600/12 × 3= £150 + £1200/12 × 9 = £900) =1050 Impaired debts/Irrecoverable debts Note-06 Outstanding rents which are no longer recoverable (for example, due to a tenant leaving with no contact details and without paying) are an allowable deduction under accrual basis and No relief is available in cash basis accounting Motor Car expenses Note-07 Motor expenses incurred the taxpayer may now use the HMRC approved mileage allowances which will be at 45p per mile instead of computing actual motor expenses incurred Capital Allowance Note-08 Capital allowances may be claimed for expenditure on plant and machinery used for the maintenance of the property 10 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Finance cost or interest expenses for loan taken purchase or improve the property Note-09 If a loan is taken out to either purchase or repair a residential property(including Purpose of loan incidental costs of obtaining the loan finance and any bank overdraft interest in running the property) Finance cost Finance cost purchase or repair of property is not allowable as propertyexpense onloan but for 100% finance cost is restricted to the basic tax rate. residential Restriction work in this way (Interest expenses×20%) is deducted from the income tax liability as taxcredit Property expense Restriction on The restriction does not apply on finance cost on(1) residential property does not Companies (2) furnished holiday letting apply (3) Non- residential/commercial property Instead of 100% finance cost is allowable expenses against propertyincome Impact restriction The of restriction has no impact on basic rate taxpayers. but will increasethe tax ontaxpayer liability of a higher rate or additional rate taxpayer. Replacement of furniture and furnishing reliefs Note-10 Furnishings include items such as beds, televisions, fridges and freezers, carpets and floor coverings, curtains, and crockery and cutlery. If residential lettings are either partly or fully furnished, tax relief is usually given for the furniture and furnishings by Replacement Furniture relief This relief is available for both individual and companies but not for furnished holiday letting because the cost of furniture and furnishings in such properties qualifies for capital allowances. There is no relief for the initial cost of furniture and furnishings. But the relief is only available when assets are replaced. Calculation of replacement furniture relief = (Cost of replacement asset of same capacity – sale proceeds of old asset) Aggregation of Expenses/Income if more than one property incomes: When rent is generated from letting more than one property, all rents and expenses for all the properties let out are pooled together and a simple amount is calculated. Understand how Relief for Property Losses given: 1. All property income and expenses are pooled to give an overall profit or loss figure for the year. The losses from running of one property are automatically offset against other property income. 2. If overall losses on all properties, the property income assessment for tax year will be NIL 3. Any surplus losses are carried forwarded to next year. 4. Losses carried forward may only be offset against profit from the property rental business. It is necessary that property business must continue i.e. if property business ceases to exist the carried forward losses are not allowed against any other income. 5. Any unrelieved losses are carried forward indefinitely period of time and off set against the first available future property business profit. 11 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Furnished Holiday Letting (FHL) The letting is treated as if it were a trade. This means that, although the income is taxed as income from a UK property business some of, the provisions which apply to actual trades also apply to furnished holiday lettings as follows: Capital allowances are claimed on the cost of furniture instead of claiming replacement furniture relief if the accruals basis is used. If the cash basis is used then deduction is available for the capital costs of the furniture when paid. - 100% mortgage interest is allowable The profit or loss is computed for tax years on a cash basis, Therefore, profits of FHL are not pooled with other UK property income treated as if profits of a separate trade. The cash basis is default basis for furnished holiday letting. All the following condition must be met for letting to qualify for furnished holiday accommodation. The lettings must be of UK or European Economic Area furnishedaccommodation Commercial basis made on a commercial basis with a view to the realisation of profit. The accommodation must be available for letting to public generally for at least Available for 210 days during the year. letting Actually Occupied The accommodation must be let to public generally for at least 105 days during the year. letting period No one person occupies the property for more than 31 consecutive days. If one or Pattern of more persons does occupy the property for more than 31 consecutive days then occupation these periods of long letting must not exceed 155 days in the year (Advantages /Differences from normal property) Plant & machinery Under cash basis a deduction is available on paid basis for plant and machinery including furniture acquired including furniture and furnishing and furnishing Under accruals basis capital allowance are available in respect of plant and machinery including furniture and furnishing Under both cash and accrual bases these deduction apply instead of replacement of domestic items reliefs Relevant earnings Relevant earnings when calculating the maximum amount that can be invested in a for pension registered pension scheme includes income from a furnished holiday letting. Rollover relief Rollover relief is available if the owner invests in another furnished holiday letting. Gift relief Gift relief is available on the gift of a furnished holiday letting. Entrepreneur‟s Entrepreneur‟s relief is available on the disposal of a furnished holiday letting relief Finance cost 100% of mortgage interest is allowable against FHL letting income Losses of Furnished holiday letting Losses of FHL are carried forward against future income of FHL only More than one properties are letting If a tax pay has more than one letting of which some are FHL while some are not than draw up two separate profit and loss account as if they are two separate property businesses. This is so that profit and losses treated as trade profits can be identified. Rent a Room Relief Where an individual rents out furnished accommodation which is part of his main residence (e.g. rents a furnished bedroom in his house or flat to a lodger), any rental income is assessed to income tax as property income. Cash basis is defualt for rent a room.There are 2 methods under which the income from letting this room can be assessed.One of the two methods below can be chosen 12 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Method 1:If an individual lets a room, furnished, in their main residence – the gross rent up to £7,500 is exempt.(or £3,750 if other person is a joint owner and also receives rent) Method 2: In which Rent a room treated Noraml property Gross rental income (before expenses and allowances): £7,500 or less Gross rental income (before expenses and allowances) More than £7,500 Property income assessment If a loss arises Claim exemption of £7,500 (method 1) If loss election are made for normal property or ignored the exemption is made and The elections is made within 22 months end of tax year and only valid for the tax year of that loss Property income assessment If a loss arises If loss arises, Lower of Method -1 (rent a room relief) treat normal Rent received X property Exemption £7,500or £3750 join property ( x) xxx Method-2 Normal property Rent receivable x Less revenue expenses (x) Less: Replacement furniture relief (x) xxx Note: When gross rent is >£7,500 then election of rent a room relief is made if rent rooms lower and election is made within 22 months after end of tax year and election is binding until revoked, 13 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan CHAPTER # 03 Employment income , National insurance contribution and PAYE System Recognize the factors that determine whether an engagement is treated employed or self-employed One important is to be applied in deciding whether a personal is employed or self employed is the nature of contract between taxpayer and person who paying for the work done Employment involve a contact of service whereas self-employed involves a contract for services The factors that help to determine whether an engagement is treated as employment are self employed are as below: Basis of distinction Employee Self employed person Employees are under the control They have a greater degree of freedom Control of the employer to high degree. to decide and plan their work They have to report the work on specific date, given times and have obey instruction of employer Employees do not invest their They invest money in business and so Financial risk own capital in business. So there they to bear all losses and there no financial risk for them financial risk is involved Equipment are necessary to carry Self employed persons have to use their Equipment out the work is provided to an own equipment employee by the employer Employee is entitled to paid Self employed persons do not get paid Holidays annual leave annual leaves Normally employees work for a Self employed people generally deal Number of persons single employer company or firm with more than one company at a time contracted with An employee is protected under There is no employment protection for Employment the contract of service i.e. there is self employed person protection a minimum period of notice Employees are paid weekly or Self employed individuals are paid per Mode of payment monthly contract Employees are under an There is no obligation on self employed Obligation obligation to accept the work individuals to accept every project allotted to them by the employer offered to them Employment contract is personal Generally self employed can allocate or Substitution to that individual; they cannot delegate the work to their sub ordinate, instruct someone else to perform although they remain responsible for their services the work Employment income £ Salary Bonus Taxable benefit (including use own car – surplus mileage allowance) Reimbursed expenses Amount paid by employee for benefit Allowable deductions Expenses incurred wholly, exclusively and necessarily 14 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter X X X X (X) (X) SKANS School of Accountancy Multan Contributions to employer's occupational pension scheme (X) Subscriptions to professional bodies Charitable donations: payroll deduction scheme (X) Travel and subsistence expenses (X) Use of own car – deficit mileage allowance (X) Total employment income XX Basis of Assessment Employment income is assessed on a receipts basis. This means that the individual is taxed on the income in the tax year (i.e. 5 April to 6 April) in which the cash or benefit is received, not necessarily when it is earned. Meaning of Earnings The term „earnings‟ includes not only cash wages or salary, but also bonuses, commission, round sum allowances and benefits made available to the employee by the employer The word earning is used for employment income When are earnings received? For Employee: The amount of bonus is taxed in the tax year according the earlier of the following 1. The date when payment is made 2. The date when an employee becomes entitled to payment For directors:1. The date when payment is made 2. The date when an employee becomes entitled to payment 3. the date that the financial accounts are credited with an amount for the director on account of earnings, and 4. where earnings are determined (for example, at a directors‟ board meeting): − before the end of the accounting period, the last date of the accounting period, or − after the end of the accounting period, the date the amount of earnings for that period is Determined Employment Taxable Benefits GENERAL As a general rule cost of providing Benefits (mean Marginal or Additional cost) is RULE taxable to employees unless they are specific statutory rules. Where in-house benefits are provided (free air travel for employees of a airline company) the amount assessed is the marginal cost incurred by the employer All kinds of vouchers (e.g. cash vouchers, goods vouchers, lunch vouchers) provided to Vouchers employees are taxable on the cost to employer less any amount the employee pays the employer for providing the benefit. Living Accommodation (1) Job related No taxable benefits arises if the property is job related (exempt) Accommodation is job related if provided for: - Proper performance of the employee‟s duties - Better performance of the employee‟s duties - Security arrangement for threat to employees‟ life. Note:* Directors can claim exemption under first two points. 15 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan (2) Not job related Rented (letting ) Owned Cost of accommodation is Cost of accommodation Cost of accommodation less or greater of £75,000 is > £75,000 (owned) is < £75,000 (owned) Annual value+ (cost Taxable amount is higher of: Taxable amount is higher of: accommodation or market Annual value Annual value value + improvement Ret paid by the Ret paid by the expenditure up to the start of employer (if any) employer (if any) the tax year- £75,000) × There is no concept of expensive official rate of interest (2%) or inexpensive accommodation in this case. If property rented Notes relating to living Accommodation if accommodation was purchased six years before first being provided to Accommodation employee than market value of accommodation will be used in the formula in more than six year place of cost of accommodation Subsequent capital subsequent capital expenditure for improvements after purchase of accommodation up to start of tax year shall be added in the cost or market value expenditure where property is used part of tax year, then this benefit will be reduced by Reduction benefit (months/12), where employee paid to employer toward living accommodation benefit, then benefit will be reduced amount contributed by employee Expenses related to accommodation (e.g. heating, lighting, gardeners bills, repairing, decorating etc. Lower of: Accommodation job related Cost of heating, lighting, repair bills + 20% of market valued of furniture 10% of net earnings of employee (net earning includes all earning from employment exclude ancillary services and use of furniture less allowable expenses Accommodation Cost of heating, lighting, repair bills + 20% of market valued of furniture not job related Car benefits Cars Co 2 emission ≤ 50 Cars Hybrid electric car Co 2 emission 0% Electric car Co 2 emission > 50 Cars Petrol car Meet RDE2 Treated petrol car RDE2 means real driving emission 2 16 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter Diesel car Not Meet RDE2 Treated diesel car add 4% SKANS School of Accountancy Multan Formula for calculation of car benefit Electric Car Hybrid electric motor car % calculation Calculation of percentage of co2 emission rate over 50 List price Capital contribution More than one car benefit Pool car 100% business use Driver/chauffeur of car Other Benefit relating to car Reduction of car benefit 17 £ List of price + Accessories cost – capital contribution by employee X (Maximum £5000) × CO2 emission appropriate % × months/12 (if car is available for less than 12 months in tax year) Less: employee paid to employer for the private use of car (x) Taxable Car benefit X The percentage of electric power car is2% Hybrid electric motor care co2 emission between 1 and 50 grams per Kilometre Miles % of Range 130 miles or more 2 70 to 129 miles 5 40 to 69 miles 8 30 to 69 miles 12 Less than 30 miles 14 CO2 % Petrol % Diesel Car % 51 grams to 54 grams per Kilometre 15 19 55 grams per kilometre 16 20 Each complete additional 5 grams An additional 1% is added to the 16% emission above 55 grams Petrol car or 20% of diesel car ( not meet RDE2) up to a maximum percentage of 37% Calculation of CO2 emission appropriate % = (16% + Co 2 emissions of the car - 55 g/km co2 ) 5 4% surcharge for diesel car only applies if car do not meet the real driving emission 2 (RDE2) standards. if car meet the (RDE2) standard then petrol % apply. Official List price will be taken; actual paid price should be ignored Capital contribution made by employee to purchase of car takes maximum up to £5000 Where more than one motor car is made available to an employee, the benefit of each motor car is simply based on its list price and CO2 emissions The car benefit will be exempt if the car is a pool car Pool car is car which is used by more than one employee. Such pool cars must be used mainly for business purpose and private use is merely incidental. Such car are not kept overnight near the residence of employee If car used for business purpose than no benefit is arises (exempt) If chauffeur is provided with the car count as additional benefits (fully taxable) Other benefits associated with the cars which are insurance, repairs, maintenance, vehicle licence are exempt The car benefit is proportionately reduced if a motor car is unavailable for periods of at least 30 days of the tax year, and F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Fuel for cars Calculation of fuel benefit Pro rated fuel benefit Exempt fuel benefit where the employee makes a contribution to the employer for the use of the motor car £25,300 × % used for car × months/12 If fuel is not provided for the whole of tax year the benefit is pro-rated No benefit arises if employee fully reimbursed or fuel is provided for business use only If employee does not fully reimbursed the cost of private fuel then fully No reduction of fuel benefit is taxable benefit Vans and heavier commercial vehicles benefit and fuel of Van Van benefit Where private use is not insignificant the tax charge is £3,600 per annum this benefit scale cover ancillary benefit such as insurance and services Van producing zero co2emission rate have zero benefit charge Where an employee uses an employer‟s van for journeys between home and work and other private use is insignificant there is no benefit. Fuel of van benefit An additional charge is made for fuel provided for unrestricted private use equal to £688 per annum. There is no fuel benefit van producing zero co2emission rate Time proportion the Both benefits are time apportioned if the van is unavailable to the employee for 30 benefit days or more during any part of the tax year. Equally divided Both Van benefit & fuel benefit be divided equally if van is used by more than 1 employee. Beneficial loans This benefit arises when an employer gives an employee a loan at an interest rate that is cheaper than the official interest rate (2% for 22/23) or free of interest Both qualifying and non qualifying Qualifying purpose Non qualifying purpose purpose 1-Allowable deduction (1). If loan amount is less than If the loan taken is partly for qualifying against total income as £10,000 then benefit is exempt purpose and partly for some other qualifying interest (2.) If loan amount is greater purpose then the taxable benefit is 2- No taxable benefit is than £10,000 then taxable benefit calculated in normal on the whole loans arises (exempt) is calculated. There are 2 ways to as described above but in the income tax calculate the monetary value of the format the deductible interest will always loan benefit. be calculated on official rate in the 1. Average method amount of loan taken for qualifying 2. Strict method purpose 1- Average Method Bal. outstanding at start of tax year + Bal. outstanding at end of tax year/2 ×months/12×offical rate% (2 %) Less: interest actually paid Benefit 18 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter X (x) X SKANS School of Accountancy Multan 2- Strict or Accurate Method Balance outstanding in months ×months/12 × Official rate% (2%) X Less: interest actually paid (x) Benefit X Note: 1- if no repayments have been made during the tax year, then both methods will produce the same result 2- The average method applies automatically but the taxpayer or HMRC can elect for the strict method if it is more beneficial for them e.g. the taxpayer will elect when the strict method produces a smaller benefit figure and HMRC can elect of the strict method gives a MUCH higher benefit figure. any amount of loan write off by employer which is taken by employee from Loan written off employer is fully taxable benefit for employee Example Anna, who is single, has an annual salary of £30,000, and two loans from her employer. (a) A season ticket loan of £8,300 at no interest (b) A loan, 90% of which was used to buy a partnership interest, of £54,000 at 0.5% interest What is Anna's tax liability for 2019/20? Salary Season ticket loan (non-qualifying): not over £10,000 Loan to buy partnership interest (qualifying): £54,000 ×(2 - 0.5 = 1.5.%) Earnings/Total income Less deductible interest deemed paid (£54,000 ×2 % × 90%) Net income Less personal allowance Taxable income Income tax Tax liability £17,268 × 20% £ 30,000 0 810 30,810 (972) 29,838 (12,570) 17,268 3,453.60Use of A Use of Assets (i.e. furniture, computer, TV, stereo system, camera........etc.) Use of assets rule Higher of Rent paid by employer Market value of asset when first provided × 20% Time proportionate this benefit will be reduced by (months/12), if asset was provided for less than 12 month Exempt asset If employer give exempt asset to employee for use. The benefit of use asset is also exempt .i.e. Bicycles provided for journeys to work, as well as being available for private use, are exempt from the private use benefit rules. 19 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Gift of Assets Higher of Cost of asset Less: benefit already assessed Less: employee contribution X Market value of asset when gift X (x) (x) Less: employee contribution (x) X X The above rule does not apply to the gift of a motor car or van and bicycle, where the benefit is simply the market value of the asset when gifted – the price paid by employee. Exempt benefits Reimbursed expenses Where an employee is reimbursed expenses by employer, the amount received is taxable income. However such reimbursed expense are exempt if reimbursement is related allowable expenses under employment income for example contribution to ops, subscription to professional body, expenses incurred wholly and exclusively for employment. Where an expense is partly allowable and partly disallowable, then exemption can be applied to allowable part. For example employee‟s home telephone used both business and private Mobile phone Cost of up to one mobile phone is exempt. The cost of second and subsequent mobile phone is taxable as market value of mobile phone when first provided ×20% ×months/12 Running cost and top up voucher for mobile phones Noncash award for long service (given for service of 20 years or more) Staff parties: Overnight expense on business trip Employee attending full time course on employer expense Employer contribution for additional house hold cost incurred by employee working partly or wholly at home Staff suggestion scheme 20 Running costs and top up vouchers of exempt mobile is exempt while all the cost is taxable if incurred on second and subsequent mobile phones Noncash award for long services xx Up to (£50 ×number of year of service) is exempt, (xx) excess is taxable xxx Cost per member per year is £150 or less than exempt, if exceed than whole amount is taxable Up to a maximum £5 per day in UK is exempt, if exceeds than whole amount is taxable. Up to a maximum £10 per day in outside UK, if exceeds than whole amount is taxable Up to £15,000 is exempt if exceeds than amount is taxable Home work‟s additional household expense of upto£4 per week or 18 per month can be paid tax free without need nay supporting evidence, for additional payment must have supporting documents as evidence expenses reimbursed by employer when employee is away from home Staff Suggestion Scheme first £5000 is exempt, excess is taxable F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Removal expenses (Relocation expenses) Trivial benefits Use of subsidised on site restaurant or canteen facilities sporting and recreational facilities Work place nursery Recommended Medical Treatment Eye care tests Medical insurance Bicycle Work place parking Entertainment provided by third party Gift of goods from third Assets provided for performance of duties Cost of work buses and mini buses Work related training Welfare counselling Employer provided uniform Employer contribution to registered pension scheme Transport/overnight cost where public transport is disrupted by industrial action Employee insurance liability related to work 21 Up to first £8000 is exempt, excess is taxable An exemption has been introduced for trivial benefits which do not cost more than £50 per employee provided these benefits are not cash or a cash voucher. Use of subsidised on site restaurant or canteen facilities provided they are available for all employees (exempt) sporting and recreational facilities provided to employees and not to general public (Exempt) Work place nursery or play scheme (Exempt) An annual £500 exemption per employee has been introduced where an employer pays for medical treatment. The exemption applies where medical treatment is provided to an employee to assist them to return to work after a period of absence due to ill-health or injury. If payment exceeds £500 in tax year, they are whole taxable Eye care tests and corrective glasses for VDU use at work place (Exempt) Private medical insurance premiums paid to cover treatment when the employee is outside the UK in the performance of duties. Other medical premiums are taxable. Bicycle or cycling safety equipment provided to employee to get to and from work or travel between one workplace and work place is exempt Exempt Entertainment provided by genuine third party (e.g. seats at sporting/cultural events),even if it is provided by giving the employee voucher Gift of goods or exchange goods voucher from third party is £250 or less then, exempt ,if exceed then all amount is taxable Assets provided for performance of duties by employer (exempt) The cost of work buses and mini buses or subsidies to public bus service bearded by employer is exempt Exempt Exempt Employer provided uniform which employee must wear as part of their duties Exempt benefit Late nights taxi and travel cost incurred where car sharing arrangements unavoidably breakdown. Exempt F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan The value of loan do not exceeds £10,000 at any time in the tax year is exempt If accommodation is given due performance of duties or improve the Job related performance of duties is exempt accommodation Residual charge/general rule (for the benefit for which no specific rule is available) :-Taxable amount of benefit is the cost to the employer Allowable deductions Following expenses are paid by the employee himself then he can deduct them from his employment income as allowable deduction: Contribution to OPS Employee made a contribution to occupational pension scheme Subscription to Employee mad e subscription to professional bodies (e.g. ACCA professional bodies ,CIMA,ICAEW........etc) Payment to charity Payment to charity made under payroll deduction scheme operated by employer Deficit Statutory When employee uses his own motor car for business purposes are mileage normally paid a mileage allowance by their employer. allowance Where the payment to employee < the AMAP then difference = allowable deduction from employee‟s employment income (See- Note_01) Payment of Payment for liability incurred due to his employment or Payment of premium employment liability for insurance to cover the liability to be incurred due to his employment Travelling expenses Travel expenses incurred necessarily in the performance of the duties of employment (See- Note_ 02) Capital Allowance Capital allowances are available for plant and machinery provided by an employee use plant and machinery performance of his duties Cost of business Cost of business telephone calls on private telephone is deductible but no part of telephone calls the line rent can be deductible. General rule The general rule is that expenses must be incurred wholly, exclusively and necessarily in the performance of the duties of employment Note: If the above mentioned expenses paid by the employer than it will be exempted benefit for the employee. Statutory mileage allowance Note - 01 Employee who use their own motor car for business purposes are normally paid a mileage allowance by their employer Calculation of mileage Allowance First 10,000 Above 10,000 miles miles £ Mileage Allowance paid by X Motor car 45 pence per 25 pence per mile employer and vans mile Approved mileage allowance (X) Motor cycle 24 pence per 24 pence per mile mile Taxable benefit /Allowable X/(X) Bicycle 20 pence per 20 pence per mile deduction mile Note: Employers may also pay employees up to 5p per mile tax-free for each passenger carried on a business trip. Do nothing Allowable deduction Taxable benefit if mileage allowance paid by Where the payment to employee Where payments made to the employer = AMAP then no < the AMAP then difference = employee > the AMAP then benefit arises allowable deduction from excess = assessed on the employee‟s employment income employee as benefit Cheap loan 22 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Qualifying travelling expenses Note-02 Allowable travelling cost Disallowable travelling cost Travel expense for travel between home and - Travel expenses for travel between home and normal place of work (normal commuting cost) is temporary place of work is deductible - Temporary work place means where individual not deductible Travelling between two separate employments is continue stay is not more than 24 months not deductible. - Travel expenses for travel between normal There is no relief for any cost related to the private place of work and temporary place of work is travel. deductible - Travel to visit different clients is allowable deduction. Disallowable deduction from employment income to employee The cost of evening meals taken when As a condition of his employment, an attending late meetings employee was required to attend evening classes. The cost of his text books and travel The expense of joining a club that was virtually was not deductible a condition of an employment was not deductible Journalists could not claim a deduction for the cost of buying newspapers which they read to The cost of clothes for work is not deductible, keep themselves informed, since they were except for certain trades requiring protective merely preparing themselves to perform their clothing where there are annual deductions on a duties. set scale. NATIONAL INSURANCE CONTRIBUTIONS and Employee Individual Classes of NIC Rules Class 1 primary Class 1 primary is Payable by employees above 16 years until state pension age for or Class 1 men 65 years and women 60 years employee It is payable on cash employment income paid by employer only which includes: Employee‟s cash earning are calculated as follow: Cash earning for class 1 NIC £ Salary/wages/overtime/sick pay including statutory sick pay X Bonus/commission X Any other cash receipts and cash benefits X (e.g. Excessive mileage allowance above 45p per mile subject to class X 1 NICs) Tips or gratuities paid or allocated by employer Cash and non cash voucher (excluding vouchers exempted under X benefit rulese.g. child care voucher up to £55 per week) Receipts of marketable assets that can be converted into cash X (e.g. gold bar fine wine shares diamond) Cash earning for class 1 NIC X Note cash earning is not same as the employment income assessment, as it is calculated before any allowable deduction (e.g. occupation pension contribution, subscription to professional body) Cash earnings also exclude the following: Exempt benefit as per employment income rule Non cash benefit (e.g. car benefit, living accommodation) 23 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Business expenses reimbursed by employer Tips directly received from customer Redundancy payments Employer payment to registered pension is not earnings but NIC is due on non registered scheme Contribution by employee is calculated as follows. Cash earning Contribution rates £12,570 per year Nil £12,571------£50,270 per year 13.25% above£50,270 per year 3.25% • Contribution is not allowable deductions for employee from employment income. • It is Employer‟s responsibility to calculates NIC and deduct it from employee‟s wages. • Contributions are payable by 19th of each month while 22nd of each month in case of electronic return. Occasionally, a question will require class 1 NIC calculations on a monthly basis. For exams in the period 1 June 2023 and 31 March 2024, should a monthly class 1 NIC calculation be required, it will be assumed that the threshold of £12,570 applies throughout the tax year 2022-23. The employee class 1 earnings monthly threshold will therefore be £12,570/12 = £1,048. It is payable by employer for employee on same cash earnings calculated for class 1 primary contribution. • It is paid in respect of employees aged ≥16 until employee ceases employment. • Class 1 secondary contribution is calculated as follows: Cash earning Contribution rates £9,100 per year Nil Above £9,101 15.05% Employment Allowance: No class 1 secondary NIC will be payable by employer if amount of total class 1 secondary NIC of all employees is ≤5,000 per annum. If class 1 secondary NIC exceeds 5,000 then NIC above 5,000 will be payable to HMRC. For example, if a business‟s total employer‟s class 1 NIC for the tax year 2022-23 is £5,600, then only £600 (5,600 – 5,000) will be paid to HMRC. The employment allowance is not available: - To companies where a director is the sole employee; or - Where employers‟ contributions are £100,000 or more for the previous tax year. • Allowable deduction for employer against taxable trading profit • Contributions are payable by 19th of each month while 22nd of each month in case of electronic return. It is payable by employer on taxable non-cash benefits (e.g. living accommodation benefit, car benefit, fuel benefit, beneficial loan, use of asset, gift of asset etc.) provided to P11D employee at the rate of 15.05%. • It is allowable deduction for employer against it trading profit. • It is paid by 22nd July, following the end of the tax year. 22nd July 2020 for 2022/23. Class 1 secondary Or class 1 employer Class 1 A PAYE system 24 PAYE stands for Pay As You Earn. It is the system for collecting income tax and NIC from employment earnings during the tax year. It means that the employer are required to deducts the amount of income tax and NIC from the employee‟s wages F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Parties in PAYE Application of PAYE PAYE codes How PAYE works Payment under the PAYE system 25 or salary, and Pay the income tax and NIC to HMRC. There are three parties involved in the PAYE process – HMRC, employer and employee. Salary/wages, bonuses/commissions Any other cash receipts and cash benefits (e.g. mileage allowances that exceed the authorised mileage allowance rates) Cash and non-cash vouchers, excluding vouchers exempted under the benefit rules (e.g. childcare vouchers up to £55 per week) Receipts of marketable assets that can be converted into cash (e.g. gold bars, fine ,wines, shares, diamonds) An employee is normally entitled to various allowance under PAYE system an amount reflecting the of these allowance is set against their pay and determine the amount to set against their pay the allowance are expressed in the form of a code Allowance £ Deductions £ Personal Allowance X Benefits X Allowable Expenses X Adjustments of overpaid tax X >£3,000 Adjustment of overpaid tax X Other income X Total Allowance XX Total deductions XX (Total allowances less total deductions) × 1/10 To obtain the code number the last figure is removed and replaced with a letter An I. L Tax code for people entitled to the full personal allowance II. M Tax code for people who are receiving £1,257 of personal allowance from a spouse or civil partner Under RTI, an employer is required to submit information to HMRC electronically. This can be done by: (a) Using commercial payroll software (b) Using HMRC‟s Basic PAYE Tools software(designed up to nine employee) (c) Using a payroll provider to do the reporting on behalf of the employer The employer reports payroll information electronically to HMRC, on or before any day when the employer pays someone (i.e. in „real time‟). This report will normally be carried out by the payroll software (or the payroll provider) at the same time that the payments are calculated and is called a Full Payment Submission (FPS). The FPS includes include details of: I. The amounts paid to employees II. Deductions made under PAYE such as income tax and national insurance contributions III. Details of employees who have started employment or left employment since the last FPS National insurance contributions are also calculated by the software in relation to the earnings period Under PAYE income tax and national insurance is paid employer over on the due date – by the 19th of the month (22nd of the month if electronically paid) Employers whose payments are, (on average), less than £1,500 per month are allowed to make payments quarterly rather than monthly. Payment are due by the 22nd of the month following quarters ending 5 July, 5 October, 5 January, 5 April Note that employers with 250 or more employees must make their monthly F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan PAYE payments electronically on the 22nd of the month. Interest Penalties Daily interest is charged on late payment of income tax and national insurance by taking account number of days late. HMRC make charge after the end of tax year. Penalties are charged on a monthly basis, where a RTI submission is made late Monthly submission which are Penalties late 1st late transmission in the tax Nil year 2nd late transmission in the tax Number of Monthly year employees penalty Up to 3 months late 1-------9 £100 10-----49 £200 50-----249 £300 250 or more £400 More than 3 months late An additional penalty of 5% of the tax and NIC which should have been reported is charged PAYE settlement agreement are arrangement under which employer can make single payments to settle their employees income tax liabilities on expenses payments and benefits which are minor, irregular or where it would be impractical to operate PAYE PAYE settlement agreement PAYE Forms Since information must be filed electronically, it is no longer possible to produce a payroll manually. Employers must either run payroll software or use the services of a payroll provider. The employer must send to HMRC the following: Form P 11D P 60 P 45 26 Purpose P11D include summary of the full cash equivalent of all taxable benefits (other than those which are pay rolled), Alternatively, from 6 April 2016, the employer can apply to HMRC to tax the benefit through the PAYE system like other earnings. The employee will then pay tax on the benefit throughout the year and is not required to report the benefit on his tax return. Likewise, the employer is not required to include the benefit on a P11D. This shows total taxable earnings for the year, tax deducted, code number, NI number and the employer's name and address. Provided to employee when leave the employment and shows the employee's code and details of his income and tax paid to date Timing Provided by 6 July following tax year Provided to employee by 31 May following tax year Provided to employee when leave the employment F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan CHAPTER # 04 income from self employment, National insurance contribution Badges of trade All trading profits of person who is UK resident are chargeable to income tax. When individual disposes of assets, it is not always clear if those transactions constitute a trade or not. If an individual disposes of an asset, should that transaction be treated as a capital gain or treated as trading income? The following tests are used to establish if a series of transactions should be treated as a trade and taxed under tax adjusted tradingprofit. Subject matter of transaction:- There are three main reasons for purchasing an asset: 1. For personal use 2-As an investment 3-Resale at profit The intentions of the purchaser at the time of purchase regarding the resale‟s of the article are relevant. If assets are held as an investment or for personal use, any profit on a later sale will be treated as a capital profit, if the asset is held neither investment nor personal use the any profit on its sale will be treated as trading profit Frequency of transactions:-The number of similar transactions and the frequency of those transactions suggest that the activity constitutes trading. For example a taxpayer bought clothes at the local market each week, and sold them at profit. The taxpayer is regularly performing the same transaction. This likely constitutes trading Length of ownership:- Assets purchased for personal use or as an investment are normally held for a long period , where as asset purchased trading inventory are usually held for a shorter term so Where items purchased are sold soon afterwards, the transactions are likely to be treated as a trade. Profit motive:-The presence of a profit motive will be a strong indication that a person is trading. Supplementary work and marketing:-When work is done to make an item more marketable, or attempts are made to find purchasers, the transactions are more likely to be treated as a trade. For example if an individual bought a number of old cars, and restored them prior to selling them. The activity is likely to constitute a trade Manner in which assets were acquired:-If acquired unintentionally (e.g. by inheritance) and then sold, it is unlikely that trading has taken place. The circumstance/Reason for sales:-The circumstance giving rise to the sale of the asset are also important factors to decide if trading has occurred. If a person sold an asset due to personal financial problems. It is unlikely to be regarded as a trade. For example an individual sells one of his three motor cars to raise funds to pay for his mother‟s healthcare is unlikely to be regarding as trading Adjustments of the profit as per Statement of profit or loss Tax Adjusted Trading profit converted into Net profit / (loss) as per profit and loss statement Expenditure including in profit and loss account Disallowable for tax purpose Allowed for tax purposes (no adjustment write simply zero) Income included in profit and loss account Disallowable for tax purpose Allowed for tax purposes (no adjustment write simply zero) Expenditure not charged in profit and loss account Expenditure not charged in the accounts but allowable for taxation purposes 27 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter Profit £ + Xxx Loss £ (xxx) Add 0 (Minus) 0 (Minus) SKANS School of Accountancy Multan Expenditure not charged in the accounts but Disallowable for taxation purposes (No adjustment simply ignored) Income not included in profit and loss account Income not included in the accounts that allowable for taxable as trading income Income not included in the accounts that is not taxable as trading income (No adjustments simply leave it) Capital Allowance Total Total Adjusted Trading Profit After Capital Allowance Add (Minus) xxx (xxx) Xxx - (xxx) = XXX Note:-This figure may be used to determine the tax year taxable trading profits or losses by applying opening ,ongoing or closing year basis period rules. Adjustment:-In trading profit and loss account. 1- Income included in the accounts that is not taxable as trading income: Capital Gains, Property Income, Interest Income and Dividend received. Interest received from overpaid tax and income that exempt from tax 2- Allowable income under trading but not including in accounts: Drawings by owner is allowable on selling price 3- ALLOWED AND DISALLOWED EXPENSES Capital Expenditure Initial purchase price and improvement is capital expenditure are and Revenue disallowed. Expenditure Where Replacement is subsidiary part of an asset with extended capacity is disallowed and same capacity is allowable Where replacement is relate to entire asset is disallowed Repair to an asset is revenue expenditure and is allowable but cost initial repair in order to make an asset usable is disallowable Rental expenses and Any rent paid for the purpose of trade is allowable. lease charges Leasing charge of car emitting 110 g/km Co2 or less is allowable. If CO2 emission of car exceeds 110g/km then 15% of Rental/leased charges are disallowed. Entertaining is disallowed, unless entertaining employees Entertaining Gifts and gifts to Gifts to employees are allowable customer Gifts to customers are only allowable if • Their cost less than £50 per person per year, and • Gift is not food, drink, tobacco or vouchers exchangeable for goods and services • Gift carries a conspicuous advertisement for the business. If cost exceeds £50 per year then whole amount of gift is disallowed. Subscriptions and Trade or professional association subscriptions are allowable Donations Donation to a local charity is allowable and to National charity & political parties is disallowed. 28 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Legal and Professional Charges Lease premium Bad Debts/Allowance For Receivables Recovery of bad debts Drawings and Appropriation of profit Family member salary Interest Expenses Fine, penalties and damages Pre trading expenditure Depreciation Proprietor expenditure Redundancy, loss of office and removal expenses 29 Donations to other parties are allowable only if • It must be wholly and exclusively for trading purposes. • It must be reasonable in size in relation to the business. • Charity must be working for educational, religious, cultural purpose etc. If donation not above condition then claim as gift aid donation Legal and professional charges are allowable if for trade and not capital. i.e. legal fee chasing trade debts and defending the title of non-current assets Cost incurred for new issue of shares is disallowed. Cost incurred for purchase of new assets is disallowed. Costs of obtaining loan finance for trade, renewing a short lease (50 years or less) or issuing debt finance and cost of registering patents are specifically allowed by statute Cost of Initial grant of short or long lease is disallowable Cost of Renew of long lease is disallowable Premium paid on grant of short lease is allowable and is calculated as follows: Premium x Less: Premium× 2%(n-1) (x) x /n n = number of years if the premium had not been paid at the start of the accounting period this deduction would be time apportioned for that year Bad debts and allowance for receivables relevant to trade are allowable e.g. bad debts on credit sales. General provisions for bad debts are disallowed and specific provisions are allowable. Non-trade bad debts are disallowed. (E.g. bad debt on loan given to employees, customers and suppliers.) Recovery of bad debts is taxable income Drawing by the owner in the form of salary, cash or goods are disallowed. Interest on capital is disallowed. Excessive salary paid to owner‟s family member is disallowed. Qualifying (eligible) interest is disallowed. Interest paid on borrowings for trading purposes is allowable. Interest paid on overdue tax is not deductible Fines, penalties and payment of damages are all disallowed unless car parking fine paid on behalf of an employee but not by business owner /director Pre-trading expenditure is allowable if it is incurred in the seven years before a business start to trade Depreciation and amortisation is disallowed. Expenditure relating to proprietors car, telephone ------ etc is disallowed. Redundancy, loss of office and Removal expenses for employees allowable F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Insurance and royalty National insurance contribution paid by employer Employer contribution to pension scheme Loss on capital assets Capital allowance Insurance expense and Patent Royalties are allowable. Payment of class 1 (employee) NIC, Class 2 NIC, Class 4 NIC are disallowed. Payment of class 1 (employer) NIC, and Class 1A NIC are allowable. Employer contribution to pension scheme for employee is allowable Owner used his for business purpose Where use his asset for business and private purpose then business purpose of expense are allowable. (e.g uses a room in their private house as an office the business portion of expenses are allowable) Where expenses are wholly and exclusively for the trade that have been paid by owner from private is allowable expenses Business expense paid by owner his private fund General rule Loss on sale of noncurrent assets (capital losses) are disallowed. Capital allowances are allowable. The general rule is that expenditure is only allowable if it wholly and exclusively for the purpose of the trade Cash basis option for small businesses small unincorporated businesses (sole traders and partnerships) may elect to Cash basis option use a cash basis option available If the business‟ turnover does not exceed £150,000. The business may Condition for cash basis continue to use the cash basis until the turnover exceeds £300,000. Corporation and limited liability partnership cash basis option is not available £ Trading profit (or loss) under the cash basis is therefore calculated as follow: Cash sales received in the tax year X Cash sales of plant and machinery in the tax year (not car) X Less: Cash purchase of inventories in the tax year (X) Less: Cash allowable expenses in the tax year (X) Less: Cash purchases of plant and machinery in the tax year(ignored the purchase of car (X) but purchased of van is allowable) Less: Authorised mileage allowance instead of actual Motor expenses (Note- 4) (X) Add; Private use of part of a commercial building (Note-5) X Tax adjusted trading profit XXX Notes:1. The business accounts for cash receipts and payments in the period of accounts 2. Receivable, payable and inventory are ignored 3. Purchase of motor car should ignore. 4. Actual running Motor car expenses are not allowable and replace it authorized mileage Allowance Actual motor car expenses Flat rate expense adjustment Allowable deduction is equal to use approved mileage allowance for business mileage only 30 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan 10,000 mileages = 45p Above 10,000 mileages = 25p 5- Premises used as both home and business premises such as a small hotel, guest house, bed and breakfast or public house can elect for a flat rate private use adjustment to apply under the cash basis in respect of private use of the property for such expenses as food and heat and light rather than attempting to compute a business / private split of the expenditure. Note this is an add back not a deduction The relevant flat rates will be provided in an examination question and are based on the number of occupants The flat rate add back does not include other property expenses such rent or mortgage loan interest or council tax and rates adjust them normally Losses: (disadvantage of cash basis accounting) A net cash deficit (i.e. a loss) can normally only be relieved against future cash surpluses (i.e. future trading profits). Cash basis traders cannot offset a loss against other income or gains. Basis of assessment A trader using the cash basis can, like any other trader, prepare his accounts to any date in the year. The basis of assessment rules which determine in which tax year the profits of an accounting period are taxed apply in the same way for accruals accounting and cash basis traders Advantages of cash basis Accounting Simpler accounting requirements as there is no need to account for receivables, payables and inventory profit are not accounted for and taxed until it is realized and therefore cash is available to pay the associated tax liability National Insurance contribution andSelf employed individuals Class of contribution Class 2 Class 4 31 Basis of assessment Payable when individual is at age of 16 or over If accounting profits of the business in the tax year exceeds the small earnings exception of £12,570 Self-employed earners pay a flat rate contribution of £3.15 per week Disallowable expenses when employer calculated tax adjusted profit Disallowable deduction when individual calculating his personal tax liability The contributions cease when the employee reaches 60 (women) and 65 (men) at the start of relevant tax year The self employed also pay Class 4 contributions which are based on trading profit after deducting trading losses but before the personal allowances The rate of Class 4 is 10.25% and is payable on trading income between £12,571 and £50,270 For trading income in excess of £50,271, a rate of 3.25% is payable (Note:5) Person liable to pay Due date of payment Self employed Due Under self Assessment 31-1-2024 Selfemployed Due under self assessment 31-1-23 31-7-23 31-1-24 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Contributions begin if the self-employed is 16 at the start of the relevant tax year but contributions cease, when the tax payer is older than 60 (women) or 65 (men) at the start of the relevant tax year Disallowable expenses when employer calculated tax adjusted profit Disallowable deduction when individual calculating his personal tax liability Note: 5 Trading profit for class 4 NIC The starting point for profit calculation is the trading income assessment for tax year in normal way (e.g. applying current rule, opening year or closing year rules) this adjusted as shown below: Calculate the profit for class 4 NIC Purposes £ Trading income assessment for tax year X Less: trading losses (X) Profit for class 4 NIC X For class 4 NIC calculation use tax adjusted trading profit that are assessed for income tax liability after deducting trading losses (if any) Note that profits for class 4 NIC are before deducting the individual‟s personal allowance that is available for income tax purpose 32 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Chapter # 05 Capital Allowance Purpose of capital allowance: Who may claim capital Allowance: Qualifying expenditure Plant and Machinery 33 The purpose of capital allowances are provided to give business tax reliefs for capital expenditure on qualifying assets Capital allowances are available to persons who buy qualifying assets for use in a trade or profession Capital allowances are available for expenditure on plant and machinery Plant is generally defined as assets that perform an active function in the businessas opposed to the setting in which thebusiness is carried out. Plant comprises of goods or chattels(not sock in trade) kept for thepermanent employment in the business Apparatus of trade Qualifying as plant – Capital allowances given as per case law - Swimming pool installed by owners of a caravan park - The law books of a barrister - Moveable office partitioning - Light fittings, décor and murals of a hotel and pub business - Free-standing screens used in a window display by building society. Setting Not qualifying as plant – No capital allowances given as per case law - Laboratory and gymnasium of a school - Canopy over petrol station - Ship used as a floating restaurant - Football club‟s spectator stand - False ceiling containing conduits, ducts and lighting apparatus - Lighting in department store. Assets deemed to be plant Assets deemed as plant: There are certain types of expenditure that not plant using above definition but are treated as plant by specific legislations Any expenditure on altering buildings to accommodate plant or machinery qualifies as part of the cost of the plant and machinery for capital allowances and purchase cost of computer software Assets not deemed as plant:-land and building and walls, floors ceilings, doors windows and stair cannot be plant for capital allowance purposes Exceptions treated as plant Qualifying as plant - Fire regulation expenditure - Thermal insulation of industrial building - Sports ground safety requirement expenditure - Expenditure on a security asset, such as alarms, bullet proof windows to improve personal security of those under special threat, e.g., from terrorists. Qualifying as plant It includes not only the obvious items of plant and machinery, but also such items as movable partitions, office furniture and carpets, heating systems, motor vehicles, Computer, telecommunication and surveillance systems, including wiring, etc, lifts and escalators and any expenditure incurred to enable the proper functioning of the item such as reinforced floors or air conditioning systems for computers.Safes and burglar alarm systems, Advertising hoardings, signs and displays, etc .Refrigeration/cooking, washing machine, future and furnishings, equipment, washbasins, sinks, sanitary ware and Display equipment, counters and checkouts F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Lifts ,decorated assets provided for the enjoyment of the public in a hotel Plant & Machinery and value added tax (VAT) VAT and Sales proceeds Basis periods for capital allowances Recoverable VAT If VAT is recoverable than capital allowance charged on only cost plant and machinery. Irrecoverable VAT If VAT is irrecoverable then cost of VAT become cost of Plant and machinery and capital allowance is charged on Cost of P&M= cost of P&M + VAT If purchased is used both business and private then no input is recoverable If purchased card is used 100% for business purpose then input is recoverable Note:-Not all capital allowances questions will require you to consider VAT. Take care, if the question mentions VAT inclusive or exclusive amounts or states that the trader is VAT-registered, that you make the appropriate VAT adjustments when performing capital allowances calculations. Cal If business charged VAT on the sales of assets which business have to pay HMRC. So sale figure in capital allowance computation net of VAT Capital allowances are calculated for a period of account. They are then treated as an allowable expenditure, and deducted from the tax adjusted trading profits of that period. £ Tax adjusted trading profit before capital allowance XXXX Less: capital allowance (XX) Tax adjusted trading profit after capital allowance XXX Basis period rules are apply on tax adjusted trading profit after capital allowance to calculate taxable trading of tax year on which tax liability is calculated. Calculating the Capital Allowances General Pool or Main pool The main includes following items of plant and machinery Plant and Computer &laptop Bicycle Any expenditure on Machinery altering buildings Equipment movable partitions, to accommodate Shelving Table and chair plant or machinery Vans and lorries Photocopier Advertising hoardings burglar alarm systems Second hand cars with Zero CO2 emissions are included in main pool Second hand low emission car Both new and second hand Cars emitting CO2 between 1 g/km to 50 g/km are Standard emission included in main pool. Cars Special rate pool: special rate pool includes the following items it includes P&M with a working life of ≥ 25 years or more and annual running cost Long life asset of ≥£100,000. The following items are not treated as long assets: Plant and machinery in dwelling houses, retail shops, showrooms, hotels and offices. 34 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan High emission car „Integral features‟ of a building Thermal insulation Private use of Assets Private use asset by owners or partner Private use of asset by employee Balance charge or allowance Short Life assets Definition of short life asset Car Motor cars (both new & second hand) with Co2 emissions > 50 g/km Electrical & general Cold water Space or water lighting systems systems, heating systems, Powered systems of cooling or air Lifts and escalators ventilation purification Thermal insulation of building If owner uses an asset for private purposes, capital allowances are given only on business proportion. Every private use asset is kept in separate column. Private use of an asset by an employee has no effect on capital allowances. It means full capital allowance is calculated On disposal of asset, balancing charge (if profit) or a balancing allowance (if loss) will arise which is then reduced to business proportion. Plant& Machinery except cars which individual wishes to sell or scrap within 8 years of the end of the period of account in which asset is purchased are called short-life assets. Every short life asset is kept in separate column. AIA and WDA are available as normal. The election (written notice to HMRC) must be made for short life asset 22 months Election made for after end of tax year in which period of account of expenditure ends short life asset Balancing allowance or charge arises on disposal within 8 years after the accounting Balance charge or period of purchase. allowance Transfer to general If no disposal takes place within eight years after the accounting period of purchase the remaining balance is transferred to the general pool immediately. pool Length of ownership in the accounting period The WDA is never restricted by reference to the length of ownership of an asset within the accounting period. If a business‟s accounting period is for example, the year ended 5 April 2022 the same WDA is given if an asset is purchased on 6 April 2022 or on 5 April 2023. But WDA is pro-rated according to the length of period of account SALE OF PLANT AND MACHINERY On disposal of Plant and Machinery deduct the lower of the sale proceeds and the Lower of cost original cost from the total of; TWDV brought forward on the pool plus Additions to the or sale pool. Balancing Allowance or balancing charge: On the sale of a plant or machinery profit (Balancing charge) or loss (balancing allowance) will be calculated. Normally profit (balance charge) or loss (balance allowance) will be calculated for sale of asset on private use of asset and short life asset column but main pool and special rate pool rules given below under heading o balancing adjustments on the main or special rate pool Balancing charge when the tax written down value of an asset is < gross sales proceeds (profit) Balance charge reduce the capital allowance claim for the period Balancing allowance When the TWDV of the asset is > sales proceeds. (Loss) balance allowance is added in capital allowance Balancing adjustments on the Main or Special Rate Pools 35 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Balancing charge Balancing Allowance Capital allowances Cessation of trade No capital allowance Purchase and disposal A balancing charge can arise at any time on the main pool or special rate pool if disposal proceeds exceed the balance on the pool. If a net balancing charge arises on the capital allowances computation this would be added to the adjusted trading profit of the accounting period. A Balancing allowance can only occur on the main pool and special rate pool on cessation of the trade No AIA, WDA or FYA are available in the final accounting period of the business Not FYA, AIA and WDA is available in last year of trade and Calculate balancing allowance (if loss) or balancing charge (if profit) as appropriate. Add addition and deduct disposals made in last period of account from the relevant pool. Capital Allowance Annual It is allowance of £1000,000 p.a. on new purchased Plant and Machinery other than cars. investment Value of new purchased P&M which exceeds £1000,000 p.a. will be transferred to allowance relevant pool and WDA of 18% or 6% may be claimed. £1000,000 limit is prorated for short and long period of accounts. No AIA is available in the year of cessation of trade. Taxpayer has the option to claim full or partial AIA or even no AIA if it does not want to. However any unused AIA will be wasted. It is most beneficial to claim the AIA in the following order: a) Special rate pool b) General pool c) Short life assets d) Private use assets Written WDA is available on net value (TWDV b/f plus addition less disposal). down WDA of 18 % on reducing balance method is given each year on “Main Pool". allowance WDA of 6% on reducing balance method is given each year on “Special Rate Pool". Full WDA is given in year of purchase and no WDA is given in the year of disposal. WDA of 6% or 18% is prorated where a period of account is ≤ 12 or >12 months. WDA will be restricted to business proportion if there is a private use of the asset. Small pool If the Balance in the main pool or special rate pool remains less than £1000 than all written amount in the pool is written off and transferred to allowance column. down £1000 limit is for 12 month period so it must be prorated for short and long period of Allowance accounts. First year FYA of 100% is available in the year of purchase on Purchase of new Zero emission Allowance cars. Taxpayer has the option to claim full FYA, partial FYA or even NO FYA. However if partial FYA is claimed then remaining amount will go to main poll but no WDA will be given in that year. FYA is not time apportioned if accounting period is short or long than 12 months. No FYA is available in year of cessation of trade. Note: Remember if Period of account exceeds 18 months then it must be split in two periods of account 1st of 12 moths and 2nd of remaining months. Capital allowances are calculated for each period of account separately. 36 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Pro forma capital allowance computation---unincorporated businesses Capital Allowances for period of Account £ TWDV b/f Additions Not qualifying for AIA or FYA Second hand car (up to 0% g/km) Car (1---50g/km) Car (over50 g/km) (n-1) Car with private use Qualifying for AIA or FYA Special rate pool expenditure (n-2) Less: AIA(MAX £1000,000 in total) Transfer bal. to special rate pool General pool Special Rate pool £ XXX £ XXX Asset with personal use ---30% £ XXX Short life Assets Capital Allowance £ XXX £ X X X X X (X) X (X) X X X X (n-3) Plant and machinery Less: AIA(MAX £1000,000 in total) Transfer bal. to general pool Disposal (lower of original cost or sales) Balancing charge or Allowance(n-5) Small pool WDA ( n-4) WDA at 18% WDA at 6% WDA at 6%/18%(depending on emission) Additions qualifying for FYAs: (New Cars up to 50) Less: FYAs at 100% (n-1) (X) (X) X X (X) X X/(X) X/(X) (X) X X (X) (X)BU% X X (X) X TDWV c/f X X X Total Capital Allowances 37 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter X SKANS School of Accountancy Multan Notes to the pro forma capital allowance computation 1. Motor car New car with CO2 emissions up to Zero grams per kilometre 100% FYAs Car with CO2 between 1 and 50 grams per kilometre 18% Car CO2 emission over 50 grams per kilometre 6% Car with private use are included in separate column regardless their CO2 emissions and only business proportion of allowance can be claimed but WDA is charged according to CO2 emission of car 2. Allocate the AIA to the special rate pool expenditure in priority to general pool plan and machinery assets as a WDA of only 6% is available on the special rate pool as opposed to 18% available on general pool 3. Expenditure qualifying for AIA in general pool which exceeds the level of AIA available is eligible for a WDA of 18% 4. Small pools WDA can claim up to maximum balance before WDV of ≤ £ 1,000 on the general pool and/or special rate pool only 5. Balancing charge: when the tax written down value of an asset is < gross sales proceedsBalancing allowance: when the TWDV of the asset is > sales proceeds. This can never be created on pools unless the business ceases Structures and Buildings Allowance (SBA) Introduction of SBA A Structures and Buildings Allowance (SBA) was introduced for qualifying expenditure incurred on or after 29 October 2018. The allowance is 3% of cost from April 2020 on a straight-line basis for 33 1/3 years The building or structure must be used in a qualifying activity. The claimant must have an interest (freehold or leasehold) in the land where the asset is constructed. The relief is available from when the structure or building is brought into use for the first time for a qualifying activity. Where an accounting period is less than a year the allowance is reduced. There are no balancing adjustments on sale. As with other capital allowances a claim for the SBA must be made in the tax return. What type of expenditure qualifies for the SBA? Capital expenditure on renovations or conversions of existing commercial structures or buildings. Repairs incidental to the renovation or conversion of existing commercial structures or buildings. Construction and associated costs and fees for new properties: Where an unused building is purchased from a builder or developer, then the qualifying expenditure will be the price paid less the value of the land. What are qualifying activities? SBA applies to capital expenditure on structures and buildings used for qualifying activities. A trade, profession or vocation. 38 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Property letting Structures and buildings include: Offices, retail and wholesale premises. Walls, bridges and tunnels. Factories and warehouses. All above structure and building are qualify for SBA Can I claim the SBA on expenditure on dwellings and land? No. Expenditure on residential property and other buildings that function as dwellings will notqualify: What if my expenditure qualifies for other capital allowances? Qualifying expenditure can only be claimed once. Where parts of a structure or building qualify for allowances as Plant and machineryor as Integral features and fixtures the expenditure is not allowed under the SBA. How do I deal with qualifying expenditure which has multiple uses? Where a structure or building has multiple uses, an appropriate proportion of expenditurewill qualify for relief. Do renovations and later additions to the property qualify? Capital expenditure after the date when the building enters into use qualifies for a separate allowance with its own 33 1/3 years (this was 50 years prior to Finance Act 2020) period. o Expenditure must be tracked per year to ensure the correct allowances are claimed. What about changes in the use of the structure or building? Where a structure or building originally used for a qualifying activity has a change of use and becomes a dwelling SBAs cease to be available for the period for which it is in use as adwelling. What about when the building or structure is sold? Where an asset qualifying for relief is sold, the new owner can claim the allowance if it is used for a qualifying activity. There are no balancing adjustments on disposal. Where the SBAs are transferred to a new owner, the amount of the original expenditure may need to be verified if SBA is not already being claimed (via an Allowance statement). What is an Allowance statement? An allowance statement must be provided by the first owner and to all future owners to enable them to claim the allowances or the qualifying expenditure will be treated as nil. An allowance statement is a written statement. 39 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Examples of structure building allowance Example # 01 Hipster Ltd prepares accounts to 31 March. On 1 July 2022, the company purchased a newly constructed factory from a builder for £470,000 (including land of £110,000). The factory was brought into use on 1 September 2022. Answer The qualifying expenditure for SBA is £360,000 (470,000 – 110,000). The factory was brought into use on 1 September 2022, so the SBA for the year ended 31 March 2023 is £6,300 (360,000 at 3% x 7/12). An allowance of £10,800 (360,000 at 3%) will be given in subsequent years. Example # 02 Relief is also given for the cost of subsequent improvements, or where a building is renovated or converted Ballpoint Ltd prepares accounts to 31 March. The company renovated a disused warehouse (originally purchased in 2011) at a cost of £82,000, with the warehouse subsequently brought into use on 1 January 2023. Answer The renovation expenditure qualifies for relief. As the warehouse was brought into use on 1 January 2023, the SBA for the year ended 31 March 2023 is £615 (82,000 at 3% x 3/12). The original cost of the warehouse does not qualify for the SBA, being purchased prior to 29 October 2018. Even if it had qualified, the SBA for the renovation expenditure would have been kept entirely separate from the SBA on the original cost. Unlike plant and machinery, there is no balancing charge or balancing allowance when a building (or structure) that has qualified for the SBA is sold. Instead, the purchaser simply continues to claim the 3% allowance for the remainder of the 33⅓ year period based on original cost. However, on a disposal, the allowances that have been claimed are effectively clawed back by adding them to the sales proceeds in order to determine the chargeable gain or allowable loss arising. EXAMPLE 03 Hipster Ltd prepares accounts to 31 March. On 1 July 2022, the company purchased a newly constructed factory from a builder for £470,000 (including land of £110,000). The factory was brought into use on 1 September 2022. Hipster Ltd sold its factory to Gentrified Ltd on 31 March 2023 for £500,000 (including land of £120,000). Gentrified Ltd also prepares accounts to 31 March. Answer The sale of the factory will not affect Hipster Ltd‟s SBA claim for the year ended 31 March 2023. From the year ended 31 March 2024 onwards, Gentrified Ltd will claim £10,800 (360,000 at 3%) annually 40 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan based on the original cost to Hipster Ltd. The SBA will run for the remaining 32 years and nine months of the 33⅓ year period that commenced on 1 September 2022. Hipster Ltd‟s sale proceeds of £500,000 will be increased by the allowance claimed of £6,300. The chargeable gain on the disposal will therefore be £36,300 (500,000 + 6,300 – 470,000). You should assume that for any question involving the purchase (as opposed to a new construction) of a building, the SBA is not available unless stated otherwise. 41 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Chapter # 06 Basis Periods Purpose of basis period Individuals have to pay tax according to tax year which runs from 6 April to 5 April, but do not have same period of accounts. Thus there must be a link between a period of account of a business and tax year.Rules for matching tax adjusted profits of business with tax years are called basis period rules. Opening year Basis period rule Closing date of 1st period of account falls in tax year. Ends before first 5 April (same tax year 2n tax Year 3rd tax year st or 1 Tax year) Year Basis of assessment 1st Basis period will be 1st year 1st Basis period will be 1st Basis period will be from start of from start of trade to trade to following 5th April. from start of trade to following 5th April. following 5th April. Check length of 1st period of account Basis period will be 2nd 2nd year Ongoing rule or current basis rule Tax Year ≥ 12 Months < 12 Months Basis Period will Basis period will Next 6 April to 5 April be 12 month back be first 12 month from closing date of trade of 1st period of account. Ongoing basis or current basis rule 3rd year Ongoing basis or Basis period is 12 current basis rule months to end of period of account Ongoing basis or current basis rule Ongoing basis or 4th year Ongoing basis or current basis rule current basis rule Current year or ongoing rule In ongoing rule same period of account is basis period. Or basis period is the accounting year ending in the year ofassessment (i.e. the tax year). For period of account ending 31 December 2022, profit will be taxable 2022-23 Closing year rules If last two period of account end in the same tax If the last period of account ends in separate tax year year Basis period is combine the two period of The basis period is period of account itself and account and relieve the overlap profit relieve the overlap profit Factors influencing the choice of accounting date The choice of accounting date is important for a sole trader for tax purposes as it affects the amount of overlap profit s and the delay between earnings the profits and making the final tax payment (the balancing payment is due 31 January after the end of the tax year) 31 March accounting date end No overlap profits on commencement Application of the basis period rules will be simplified Time between earning the profits and the balancing payment is minimised (10 months) The maximum period of assessment in the final tax year will be 12 months 42 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan 30 April accounting date end Maximum period of overlap with no relief until cessation Time between earning the profits and the balancing payment is maximised (21 Months) The period of assessment in the final tax year could be up to 23 months long less any relief for overlap profits 43 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Chapter # 07 Partnership Comparison between sole traders and partnerships Definition of A partnership is a single trading entity. Each individual partner is effectively partnership treated as trading in his own right and is assessed on his/her share of the adjusted trading profit of the partnership. No of person A partnership is a number of sole traders in business together with the overall objective being that the business should make a profit Partner status Each partner is an owner of the business and cannot be an employee of their own business. Each partner is self-employed and has Trading Profits. Capital allowance Profit & loss sharing Profits/losses (after capital allowances) of the business accrue evenly over the accounting period and must be divided between the partners according to the profit sharing arrangements during the accounting period. Capital allowances are given to the business. Capital allowances must be restricted to the business use if a partner uses an item of plant and machinery for private use. The partnership agreement is often drawn up by a solicitor and may talk about: partner getting a salary = share of profits interest on their capital account balances = share of profits Any balance of the partnership profits/losses must be shared in the profit sharing ratio (PSR). Steps involve in calculation partner tax liability Calculate Tax Adjusted Partnership‟s tax adjusted profits or loss for an accounting period is computed trading profit of in the same way as for a sole trader and Partners‟ salaries & interest on capital partnership firm are not deductible: these are an allocation of profit. Capital allowance After calculation of tax adjusted trading profit calculated capital allowance same way as sole trader Remember the partners are owners of the business and the capital allowances must be restricted if assets have private use by the owners/partner Deduct the capital allowance from tax adjusted profit to arrive tax trading profit after capital allowance is distributed among the partners Allocations of trading Split the tax adjusted accounting profits or losses between the partners in the profit sharing arrangements during the accounting period. profit/trading loss: A partner joining or leaving is treated like a change in the profit sharing ratio (psr) . If the profit sharing agreement is changed during a period of account, the profit must be time apportioned before change and after change sharing arrangement Profit and loss should be distributed according to old and new arrangement 44 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Profit and loss is distributed in same way Partner A Partner A Salary of partners Partner A Total Interest on capital account balance Balance shared in the profit and loss share - -------------- Basis period rules Change in members of partnership Trading loss 45 ------------------------------------------ The profit is allocated between the partners for accounting periods and then the assessment rules are applied. Each partner is effectively taxed as a sole trader on his/her share of the adjusted trading profit Rules of basis period are same as sole trader • Continuing partners will be assessed using ongoing rules • When a new partner joins a partnership, he is treated as commencing a new trade and hence the opening years rules apply • When an old partner leaves a partnership he is treated as ceasing a trade and hence the closing years rules apply • Each partner has his own overlap profit available for relief Tax year Basis period/taxable Taxable trading Taxable period profit trading loss Until there is at least one partner common to business before and after the change, partnership continues. Commencement or cessation rules apply to individual joining or leaving partnership. Each partner can reliefs trading losses same way as sole trader F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Chapter # 08 Trading Losses Definition of Trading losses A trading loss arises when the normal tax adjusted trading profit computation gives a negative result. A trading loss can occur in two situations, as follows: £ £ Tax adjusted trading profit / (loss) before capital allowances X (X) Less: capital Allowance (X) (X) Trading losses (X) (X) Tax year of loss Step # 1: calculate tax adjusted trading profit /(loss) and capital allowance Step # 2: calculate trading losses as calculated in above heading definition of loss Step # 3: calculate tax year of loss by making basis period according to trade cycle as ongoing or closing or opening years Step # 4: Make loss reliefs according to available possible option or as per requirements If the basis period has a trading loss, the trading profit assessment to include in the income tax computation is nil. Note: remember in basis period profit overlapped but trading loss can never be overlapped. Loss relief options ongoing years Ifan individual makes a trading loss in the ongoing years, they initially have to decide whether to claim relief against total income or carry forward all of the loss Loss relief in ongoing years Optional Relief against Total income Optional Automatic (if no claim made) Carry forward trading losses Relief against same trade Relief against Chargeable gain Carry forward of trading losses Trading loss may be carry forward and set-off from first available future trading profits from same trade. 46 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Losses may carry forward for indefinite number of years until all the loss is relieved. Partial claim is not allowed. Claim must be made to carry forward trading losses within 4 years from the end of year of loss. E.g. until 5 April 2027 for losses arising in 2022/23. It is disadvantageous from perspective of cash flow, time value of money, uncertainty about future profit and relief may take long time to materialise. It is advantageous for taxpayer can carry forward losses for indefinite period of time if trade will continue Loss relief against total net income Trading Losses may be set-off from total net income of (a) Current year only OR ( b) Previous year only OR (c) Current year and then previous year OR (d) Previous year and then current year. • Partial claim is not allowed. • Remaining loss after claim against total income may be: – Set off against capital gains or – Set off against future trading profit. • CAP limit apply both Current and previous total income: Maximum loss that can be deducted from total income of the year is CAP limit (as formula given below) plus year trading profit. CAP is equal tohigher of: – £50,000 – 25% of Adjusted total income(ATI = total income less gross personal pension contribution ) Note: Above CAP rule is not apply on trading profit both current and previous year Claim for loss relief must be made by 31 January which is 22 months after the end of tax year of loss. E.g. until 31 January 2025 for losses arising in 2022/23. Performa of trading loss reliefs Trading profit Less: Trading losses brought forward reliefs Employment income Property income Interest incomes Dividend income Total income Less. Trading loss reliefs current Trading income Higher - £50,000 – 25% of total income less gross personal pension contribution Net income Personal allowance Taxable Income 2020-21 X 2021-22 X 2022-23 NIL X X X X XX X X X X XX X X X X XX (x) (X) (x) (x) x (x) x x (x) x X (X) X Relief of trading losses against capital gains • Under this section current year trading loss can be set off against the chargeable gains of: a) Current year only OR b) Previous year only OR c) Current year and then previous year OR 47 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter 2025-24 X (X) X X X X XX X (x) X SKANS School of Accountancy Multan d) Previous year and then current year. The trading loss is first set against total income of the year of the claim, and only any excess loss is set against capital gains. The remaining unrelieved trading loss may be set off as a deemed capital loss against the taxpayer‟s gains for the year; after setting off current year capital losses against current year capital gains. It takes precedence over both the annual exemption (a level of tax free gains and currently £12,300) and any capital losses brought forward4 • Partial claim is not allowed. Claim for loss must be made by 31 January which is 22 months after the end of tax year of loss. E.g. until 31 January 2025 for losses arising in 2022/23 Taxable Gain for tax year £ Chargeable gain in tax year Less: capital losses in tax year Net chargeable gain Less: trading losses relieved is Lower of: - Remaining losses or - Chargeable gain in the year after deducting Current and brought forward capital losses Less: Annual exemption for tax year 2022/23 Net chargeable gain for year Less: capital losses brought forward Taxable gain Relief for trading losses in the opening years Loss relief in Optional Opening years Automatic if no specific claim made Optional Special 3-years carry back-relief Carry forward Relief against Optional Relief Total income Remaining loss Relief against Chargeable gain The procedure to adopt for dealing with an opening year loss is as follows: 48 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter X (X) X (X) (X) X (x) X SKANS School of Accountancy Multan Step 1: Trading income assessments for each tax year The opening year basis of assessment rules are applied to both profits and losses in the normal way. However, where an overall net loss arises (i.e. where the calculations give a negative figure), the trading income assessment for that tax year is £Nil. Losses never overlap in basis period. A loss may only be relieved once. If, in the opening years, a loss has been taken into account in computing the assessment of one tax year, it is treated as nil when calculating the next assessment Step 2: The loss relief available, the tax year to which the losses relate and the options available for loss relief If an individual makes trading losses in the opening years is calculated in Step 1,he has to decide whether to claim normal relief against total income, special opening year loss relief or carry forward Step 3: Prepare the income tax computations and keep a record of the losses In answering an examination question, read the requirements carefully. Some questions require losses to be claimed in a specified way; other questions require losses to be utilised in the most tax-efficient manner. Tax planning is considered later. Relief of trading losses incurred in early years of trade (opening years loss relief) • Trading loss incurred in any of the first Four Tax years of trade then this loss may be set off against total income of previous 3 years on FIFO basis. Relief is on a FIFO basis means (i.e. the earliest year must be relieved first and then the next year and the year after that, in date order). i.e. opening loss of 2022-23 is set off in this order: firstly 2019-20 Secondly 2020-21 and Thirdly 2021-22 • Early years trading loss can be relieved through: a) Opening year loss relief OR b) Relief against total income OR c) From Capital gains OR d) From future trading profit • Partial claim is not allowed. • Claim for loss relief must be made by 31 January which is 22 months after the end of tax year of loss. E.g.until 31 January 2025 for losses arising in 2022/23. Terminal loss relief Loss relief in closing year Optional Terminal loss relief carry back against trading profits Relief against total income Optional Relief against Chargeable gain If an individual makes a trading loss in the closing years, they have to decidewhether to claim relief against total income (and then possibly offset againstgains) or claim terminal loss relief against trading profits. 49 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Terminal Losses Terminal loss: If trade ceases then Loss of last 12 month of trade may be set off against trading income of previous 3 years on LIFO basis. Relief is on a LIFO basis means The most recent year must be relieved first and then the previous year, and so on, in reverse date order. i.e. terminal loss of 2022-23 relieved in the following order :firstly 2021-22 secondly 2020-21 and 2019-20 The terminal loss is loss of the final 12 months of trade, calculated as follows: £ 6 April before cessation to the date of cessation Actual trading loss in this period (ignore if a profit) X If profit Nil Plus : Overlap profits not yet relieved X Plus: 12 month before cessation to 5 April before cessation Actual trading loss in this period (ignore if a profit) X If profit Nil X Terminal loss Note: that loss can only be relieved once. Therefore terminal loss cannot include the loss that have been relieved under the another provision. In the other word loss relieved against the total income or capital gain, if any must excluded Claim must be made within 4 years from the end of year of loss. E.g. until 5 April 2027 for losses arising in 2022/23. The procedure for closing year loss relief The procedure to adopt for dealing with a closing year loss is as follows: Step 1: Identify the last tax year. Work out the trading income assessments for the final year and preceding three tax years The closing year basis of assessment rules are applied to both profits and losses in the normal way. However, where an overall net loss arises from applying the rules (i.e. the calculations give a negative figure), the trading income assessment for that tax year is £Nil. Step 2: Work out the amount of loss relief available, the tax year(s) to which the loss(es) relate, and the options available If an overall net loss is calculated in Step 1, Consideration should be given as to whether to relief against total income or relieves against total income and capital gain is desirable. For a decision, look at the income tax computations set up and determine whether a higher rate of relief is obtained by making a relieves against total income and possibly of capital gain claim, rather than carrying back the loss under terminal loss reliefs The terminal loss then needs to be calculated, taking account of total income and capital gain claims to be made, if any. This calculation should be done in a separate working. Step 3: Complete the income tax computations Relieve the terminal loss on a LIFO basis, and keep a record of the utilisation of losses for all tax years involved. Partnership Losses: 1. Losses are allocated between partners in the same way as profits. 2. Loss relief claims available are the same as for sole traders. 3. A partner joining the partnership may claim under opening yearsloss relief, forlosses in the first four tax years of his membership of the partnership.This relief is not available to existing partners. 4. A partner leaving a partnership may claim under terminal loss relief. This relief is not available to partners remaining in the partnership. 50 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Partnership investment income: Interest and dividend income is kept separate from trading profit but are shared among partners according to their profit sharing ratio. After sharing income each partner is taxed independently. Limited Liability Partnership: If partnership is limited liability partnership then the partners share the trading loss among themselves up to maximum of capital they have contributed in the partnership. Chapter # 09 Pension Pension meaning:-Pension of scheme is fund of asset set up with the intention of providing lump sum benefits and regular income (pension) for members of scheme on their retirement and or benefits dependants after their death Type of pension:1- Occupational pension scheme: Occupation pension scheme is a scheme operated by employer for solely the benefit of his employee. This scheme is only relate to employee. Type of occupational pension schemes I. Defined benefit scheme: the benefit obtained on retirement are linked to the level of earnings of the employee II. Money purchase scheme: the benefits obtained depend upon the performance of the invests held by the pension fund 2- Personal pension schemes:-Personal pension scheme is a pension scheme managed by taxpayer himself through some financial institutions like an insurance company Personal pension plan do not relate to particular job, trade or profession they are personal to individual taxpayer and are set up for the duration of life, regardless of his employment status Tax consequence of pension 1 - Tax relief for contribution made by individual (both PPS and OPS) Lower of two 1- Higher of 100% relevant earnings of the taxpayer, being mainly employment income and/or trading profits plus any profits fromfurnished holiday lettings, and Note-1 £3,600 of gross contribution 2- Total gross pension contribution paid Relevant earnings NOTE -1 1. Net relevant earnings of an individual who is not working Individual who are not working, he will not have no net relevant earning and therefore his maximum (gross) contribution is £3,600 1- Net relevant earnings of working individuals Where individual is working his net relevant earnings depend on whether he is employed or selfemployed and it is calculated as follow: Employed individual Self-employed individual £ £ Employment income (including benefit) X Trading income X Profit form Furnished holiday letting X Less: trading losses (X) Profit form Furnished holiday letting X Net relevant earning X Net relevant earning X 51 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Methods of reliefs Personal Pension scheme contribution When an individual contributes into a personal pension scheme, so the tax relief is given as follows: 1. Basic rate tax relief is paying net of 20% – For example, if an individual want to make a personal pension contribution of£1,000, he needs to pay 80% and HMRC will make the remaining 20%contribution on his behalf.Therefore, he will pay £800 and HMRC will pay £200 to the fund. 2. Higher rate and additional rate taxpayers achieve higher and additional rate relief by Increase the basic and higher rate bands by the gross personal pensioncontribution. 3. Gross personal pension contributions are deducted from net income to arrive atadjusted net income.ANI is used to determine the amount of personal allowanceavailable. 4. Any amount contributed by the employer for employee shall be exempt benefit I. Occupation pension contribution: 1. Any amount contribution by the employee himself shall be deducted from his salary as Allowable deduction 2. Any amount contributed by the employer for employee shall be exempt benefit 3. Any amount contributed by employer in OPS is allowable deduction from his trading profit Annual Allowance Annual Individual can contribute any amount into pension scheme but relief is available on Allowance maximum annual allowance. Annual limit is 40,000 for 2022-23 If the total of all contributions (by the individual, their employer and third parties) on which tax relief has been obtained exceeds the annual allowance (AA), a tax charge is levied on the individual exceeds amount know annual allowance charge Tapered – If individual AI (Adjusted Income) is more than £240,000 then the CURRENT year Annual Allowance is a tapered allowance Allowance – It means that the normal annual allowance of £40,000 is reduced by £1 for every£2 by which a person‟s adjusted income exceeds £240,000, down to a minimum tapered annual allowance of £4,000. Formula for Tapered Annual Allowance =(AI -£240,000)×50% but subject to minimum allowance £4,000 Definition of Adjusted income for pension Employed individual Self-employed individual £ £ Net income (after deduction of trading X Total income X losses and qualifying interest) Plus: Employee contribution to OPS X Less: trading losses (X) Plus: Employer contributions to Less: qualifying interest (X) occupational and /or personal pension schemes Adjusted total income X Adjusted Income/net income X 52 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Annual is an allowance given to individuals every year. The individual can use the allowance yearly, and the amount unused is carried forward for 3 years but only if they are a member of registered pension scheme in those years. Therefore, at any particular time, an individual can use their current year allowance plus 3 years brought forward unused annual allowances on a FIFO basis. The gross contributions are deducted from the annual allowances first from current year Calculation of annual allowance table Tapered annual allowance Annual Allowance Used Annual Tax Annual If ATI >£150,000 minimum for Allowance year Allowance tapered annual allowance of tax year previous year £10,000 2022-23 40,000 -(AI-240,000) × 50% = 22/23 40,000 Not Applicable X first used subject to minimum AA £4,000 40,000 -(AI-240,000) × 50% = 19/20 40,000 (X) X Second used subject to minimum AA £4,000 40,000 -(AI-240,000) × 50% = 20/21 40,000 (X) X Third used subject to minimum AA £4,000 40,000 -(AI-240,000) × 50% = 21/22 40,000 (X) X 4th used subject to minimum AA £4,000 Annual Allowance XXX Remember: it is still possible to use brought forward unused annual allowance in the tax year 202223 if a tapered annual allowance applies for this year. However, it is the tapered annual allowance for 2022-23 which is used to establish whether any carried forward is available from this year to future tax years. Calculation of Annual Allowance Annual Allowance charge Payment of t annual charge tax - Annual allowance charge = (Pension payment that qualifies for tax relief during the tax year -Annual allowance available) × top slice/marginal rate of tax taxpayer pay Additional amount is treated as non-saving. - The AA charge becomes part of the individual's total tax liability and is either paid through the self-assessment system or, in some cases, may be taken from the individual's pension fund. Receiving benefits from pension arrangements Access - Pension Benefit isreceived when an individual is aged 55 years or more. At eligible pension fund age Individual can take tax free lump sum payment of lower of: a) 25% of amount in fund b) 25% of Life time allowance - Remainder 75% amount in fund is used to provide pension income and fund are taxed as non-savings income in the tax year they are withdrawn at the normal rates of tax (i.e. 20%, 40% or 45%). Pension can be claimed before this age if the individual is incapacitated due to ill health. An individual can contribute £1,073,100 during his life time. If contribution exceeds Life Time £1,073,100 then There will be a tax charge of: Allowance ● 55%Tax on excess, if the excess pension funds are taken lump sum. ● 25%Tax on excess, if the excess pension funds are used to provide pension income. 53 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Chapter # 10 Self Assessment of Individuals Self Assessment:-The self assessment system relies upon individual completing and filing tax returnThe return first part details income and capital gains for the tax year, the second part shows the calculation of the income tax liability and paying tax due. The system is enforced by a system of penalties for failure to comply with in set period of time limits and by the interest for late payment of tax. Amendments: correction of errors in the tax File Return Paper return: later of return By HMRC: within 9 months of the actual filing 31st October following the tax year or date 3 months after issue of notice st By Individual: The taxpayer can give notice to For example 2022-23 due date is 31 October 2023 an officer to amend his tax return within 12 Online Return: later of months of the 31 January filing date regardless of 31st January following tax year or whether the return is paper based or filed 3 months after issue of notice st electronically. For example 2022-23 due date is 31 January 2024 Notification of chargeability: It is the responsibility of individual who receives a source of income subject to income tax or capital gains tax must notify HMRC by 5th October following the end of the tax year the source arose Standard penalty is imposed in case non compliance. standard penaltybased on a percentage of tax unpaid on 31 January following the end of the tax year Deadline: 6 months after tax year --- 5th October of following tax year i.e. tax year 2022-23 5 October 2023 Penalty for late submission Date return is filed Penalty After due date £100 fixed penalty £10 per day for 90 days +£100 fixed penalty >3 months late 5% of tax due (minimum £300), + above penalties > 6 months late >12 months late – not deliberate •Additional 5% of tax due (minimum £300) + above penalties – deliberate but no concealment • 70% of tax due (minimum £300) + above penalties – deliberate with concealment • 100% of tax due (minimum £300) + above penalties Determination of Tax due: where the tax return is not submitted on time, the HMRC can determine the amount of tax liability on the behalf of the tax payer. They have 3 years from the filing date to do so and the only way to get this removed is by submitting the actual return 54 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Records: (1) business or property letting records: Records must be retained until five years after the filing date, which is 31 January 2029 for the year 2022/23 if the tax payer has a business or has properties to let (2)-Non business records: other tax payers keeps the records later of : 12 months after 31 January the filling date or the date complete or impossible start of compliance check Important Note: if a person is in business and has non business income then all records must be maintained for the same 5 year period Penalty: A failure to retain records can result in a penalty of up to £3,000. The maximum penalty will only be charged in serious cases Payment of Tax Type of income Due date under Payment on account due date normal return Trading profit 31 January 2024 31/1/2023 1st POA 31/7/2023 2nd POA 31/1/2024 Balancing payment Property business 31 January 2024 31/1/2023 1st POA 31/7/2023 2nd POA 31/1/2024 Balancing payment NIC class 4 31 January 2024 31/1/2023 1st POA 31/7/2023 2nd POA 31/1/2024 Balancing payment NIC class 2 31 January 2024 No payment on account is required Saving income 31 January 2024 Not applicable POA Dividend income 31 January 2024 Not applicable POA Employment income PAYE payments made electronically on the 22nd of the month under the Real Time Information reporting system. (self assessment is not applicable) NIC class 1 PAYE payments made electronically on the 22nd of the month under the employer Real Time Information reporting system. (self assessment is not applicable) NIC class 1 PAYE payments made electronically on the 22nd of the month under the employee Real Time Information reporting system. (self assessment is not applicable) NIC Class 1 A Payable by 22nd July following the end of the tax yea for example tax year 2022-23 22nd July 2023 (1)Normal return:-Individual pay his income tax , class 2 NIC, class 4 NIC and Capital gain tax 31 January following end of tax year i.e. 31 January 2023 for tax year 2022-23 (2)Payment on account:- Individual pay tax POA with exceptions to this are if: The relevant amount for the previous tax year is less than £1,000, or more than 80% of the income tax liability for the previous tax year wasmet by deduction of tax at source. 1st POA: 31st January 2023 (50% of relevant amount =( Income tax+ class4 NIC – tax deduct at source) 2nd POA: 31st July 2023 (50% of relevant amount =( Income tax+ class4 NIC – tax deduct at source) 3rd POA: 31 January 2024 (Balance of payment = ( Income tax+ class 2 NIC+class4 NIC+ capital gin – tax deduct at source - POA) Reduce payments on Accounts:-The taxpayer can claim to reduce payments on account at any time before 31 January following the tax year. This would be done if actual income tax and class 4 NIC is expected to be less than the previous year. If the claim is incorrect, penalties and interest will be 55 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan charged. The maximum penalty is the difference between the amounts actually paid on account and the amounts that should have been paid on account. Interest (1)Late payment interest: Interest is charged on late payment of tax at a rate of 3.25%. For 2022/23 Payment on account: Interest runs from 31/1/2023 or 31/7/2023 Other payments: Interest runs from 31/1/2024.Interest charged is not tax deductible for individuals (2)Repayment interest: If tax is repaid, HMRC pay interest at a rate of 0.5% p.a. from 31 January, or if later, the date of original payment. Interest received is not taxable for an individual. Penalty/ surcharge for late Payment: where income tax, class 2 NIC, class 4 NIC or CGT is paid late. Penalties do not apply to POAs. 1month late: 5% of unpaid amount 6 months late: 5% + Additional 5% of unpaid amount 12 months late: 10% + Additional 5% of unpaid amount Standard penalty is imposed on failure to notify about chargeability, submission of incorrect tax return, failure to notify HMRC of understatement and deliberately supplying wrong information The maximum penalties can be reduced wherethe taxpayer informs or tells to HMRC about the error (this is known as disclosure), andco-operates with HMRC to establish the amount of tax unpaidwith larger reductions given for unprompted disclosure. Unprompted disclosure is one made at a time when HMRC has not discovered, or is not about to discover error otherwise, the disclosure will be a prompted disclosures. Maximum penalty(% of Minimum penalty(% of Taxpayer behaviour revenue lost) revenue lost) Genuine Mistake (incorrect return) No penalty Unprompted Prompted Careless/Failure to take reasonable care 30% 0% of PRL 15% of PRL Deliberate but no concealment 70% 20% of PRL 35% of PRL Deliberate with concealment 100% 30% of PRL 50% of PRL Claims (a) All claims and elections which can be made in a tax return must be made in this manner if a return has been issued. (b) The time limit for making a claim is 4 years from the end of the tax year, unless a different limit is specifically set.. Error or mistake claim The time limit is 4 years from the end of the tax year to correct errors in a tax return when the tax would otherwise be overcharged, for 2022/23 this will be 5 April 2027 Compliance check Enquiry: HMRC has power to make compliance check enquiry in returns Within 12 months of the actual filling date if return is filed on or before time or The quarter day following 12 months of actual filing date, if the return is filed after the due filing date. The quarter days are 31 January, 30 April,31 July and 31 October to ensure the accuracy and completeness of return. The compliance check may be made as a result of any of the following: A suspicion that income is undeclared Deductions being incorrectly claimed Other information in HMRC‟s possession Being part of a random review process. The compliance check ends when HMRC gives written notice that it hasbeen completed. The notice will state the outcome of the enquiry eitherto confirmation that no amendments are required or amendments to the self-assessment. The taxpayer has 30 days to appeal against any amendments by HMRC. The appeal must be written Discovery Assessment: HMRC can normally carry out an enquiry within 12 months of the actual filing date but can raise discovery assessment at a later date where fraud or negligence is suspected and full disclosure has not been made 56 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter SKANS School of Accountancy Multan Basic time limit: 4 years from the end of the tax year or Accounting period Careless Error: 6 years from the end of tax year and deliberate Error :20 years from the end of tax year Taxpayers right of appealagainst an assessment30 days from the assessment appealin writing Appeal: if the taxpayer is not satisfied with any of the decisions of HMRC. They file appeal against decision (i) Implosion of a penalty and surcharge (ii) Appeal against a discovery assessment (iii) Appeal against amendment made to self-assessment as a result of enquiry etc. Appeal should be made in writing and must be made within the 30 days of relevant event. It must also state ground of appeal. Initially appeal made to HMRC for internal review Appeal to HMRC Appeals are initially made to HMRC. An officer unconnected with case will undertake review ,the review must normally be carried out within 45 days ,The taxpayer then has 30 days in which to appeal an tribunal against internal review Tax Tribunals Tribunal system consist of First tier Tribunal, and Upper Tribunal. The first tribunal deals all and less complex cases but upper tier tribunal deals with more complex cases and appeal against first tier tribunal decision Cases are allocated one of the four tasks this will depend on the issues and the amount of tax at stake. I. the “paper” track - will hear the simplest appeals, such as an appeal against a fixed penalty and the case will be normally decided by the tribunal without a hearing II. The “basic” track will involve a hearing but the exchange of documents beforehand will be minimum. III. The “standard” track will involve cases that are more detailed in case management and formality. IV. The “complex” track will be for long or complex cases or those that involve a If decision of first tier tribunal is based on I. A matter of fact the decision is binding and final II. The point of law then case can be referred to upper tribunal but only with permission of either first tier tribunal or upper tribunal Decision of upper tribunal can be referred to court of appeal. However, the grounds of appeal must always relate to a point of law. Income Tax Fraud There is a statutory offence of evading income tax. The penalty may be up to seven years in prison or an unlimited fine or both 57 F6 Class notes F6 Muhammad Amjad Karim ACCA. M.com CA inter