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    HMRC publish draft R&D guidance

    Earlier today, HMRC published draft guidance in relation to the changes coming into the Research & Development (R&D) scheme from 1 April 2023.

    The guidance covers various topics which have previously been flagged, such as the exclusion of overseas R&D work and an extension of the relief to include data and cloud computing costs.

    However, one key change detailed in the guidance is the requirement to submit a Claim Notification form within 6 months of the end of the relevant accounting period for any new claimants i.e. any companies who haven’t made an R&D claim for at least 3 years. If the form isn’t submitted within that deadline, you won’t be able to make the claim.

    The guidance also details a new Additional Information form containing substantial information about the claim (for accounting periods beginning on or after 1 April 2023), including details of a person at the company taking responsibility for the claim and the agents who helped to prepare the claim.

    The legislation will not be finalised until the Finance Bill 2023 and the final form of that legislation may differ from the draft published in July 2022, this means that the guidance issued could also change and no action should yet be taken based on it.

    You can view the full guidance here.

    Get in touch

    If you wish to discuss any areas of the guidance in more detail, please get in touch with your usual PM+M adviser or email enquiries@pmm.co.uk

    HMRC confirms MTD penalties from 1 November

    HMRC is reminding businesses that from Tuesday 1 November, the soft-landing penalty waiver for Making Tax Digital for VAT will be removed, and existing online accounts for submitting VAT returns will not be available.

    All businesses that file their VAT returns monthly or quarterly must sign up to Making Tax Digital (MTD) and use MTD-compliant software to keep their VAT records and file their VAT returns.

    HMRC can charge a penalty of up to £400 for filing a return which is not an electronic submission from 1 November 2022.

    The amount businesses may be fined is dependent on their turnover. A penalty applies to each return filed incorrectly, and the penalty will be:

    • £100 if turnover is below £100,000;
    • £200 if turnover is between £100,000 and £5,600,000 inclusive;
    • £300 if turnover is between £5,600,001 and £22,800,000 inclusive; and
    • £400 if turnover is £22,800,001 or above.

    Even if a business currently keeps digital records, they must check their software is MTD-compatible and sign up for MTD before filing their next return.

    If a business is already exempt from filing VAT returns online, or if the business is subject to an insolvency procedure, they will automatically be exempt.

    Get in touch

    If you have any questions in relation to becoming MTD compliant, including reviewing your current VAT procedures, guiding you towards a suitable solution, assisting with quarterly submission to HMRC and even providing training for your team, please contact your usual PM+M adviser or get in touch with Jill Morris using the button below.

    20% of taxpayers miss CGT payment deadline

    According to the latest figures from HMRC, almost 20% of taxpayers failed to report gains from UK residential property and pay the capital gains tax (CGT) on time in 2021/22. The CGT 30-day reporting and payment system, introduced on 6 April 2020 (in the middle of the pandemic), received little publicity from HMRC. After coming into effect, the 30-day deadline was waived for three months and doubled to 60 days with effect from 27 October 2021 due to criticism that the turnaround time was inadequate and awareness of the new rules was limited, but it seems taxpayers who missed the deadline continued to grow.

    How big is the problem?

    The latest CGT statistics, as reported by HMRC, highlight that 137,000 UK property returns were submitted for residential property disposals in 2021/22, with estimates of 26,500 returns filed late (almost 20% of the total). It is estimated that 129,000 taxpayers paid £1.7bn of CGT on residential property in 2021/22, a 50% rise on the previous year, as coronavirus restrictions eased, and property sales increased. However, although the volume of disposals was somewhat suppressed by the pandemic, 28% of UK property returns were filed late in 2020/21.

    Doubling the risk of a penalty

    The new CGT reporting system increases the reporting effort of the taxpayer and their agent, but also increases the risk of a late filing penalty. The UK property reporting service and the self-assessment (SA) system are not connected; therefore, gains will need to be declared twice by taxpayers. Firstly, on the UK property return, and again on their SA tax return. The only instance a UK property return will not have to be submitted is in the rare circumstance that the property deal completes at the end of the tax year, and the SA tax return for that year is filed within 60 days of the completion date.

    Penalty costs

    The penalties for a late UK property return are imposed in the following structure:

    • One day late: £100
    • Over three months late: £10 per day up to 90 days
    • Over six months late: greater of £300 and 5% of tax due
    • Over 12 months late: greater of £300 and 5% of tax due

    Returns submitted over 12 months late will have a penalty liability of at least £1,600.

    Action to be taken

    HMRC is currently contacting taxpayers who failed to file a UK property return for a relevant disposal in 2020/21 and informing them of the requirement to submit a paper version of the UK property return to ensure late filing penalties stop accruing, with a note to explain that the CGT has already been paid via self-assessment (if this is the case). Paper forms (PPDCGT) can be obtained by contacting HMRC directly.

    It is reported that nearly 4,000 appeals have been processed in relation to late payment penalties, a huge increase from 600 in the previous year. It will be interesting to see how HMRC responds.

    Get in touch

    If you would like to discuss the new CGT reporting system in more detail or need help submitting a UK property return, avoiding costly penalties, get in touch with Jonathan Cunningham by clicking the button below.

    The Trust Registration deadline (and the prospect of tax penalties) looms…

    The 1 September 2022 deadline for the registration of most UK trusts (whether tax paying or not) – and non-UK trusts which hold UK land or which have business relationships with the UK – is fast approaching.

    Several years ago, HMRC launched its ‘Trust Register’ – an online database of all tax paying trusts in the UK. As part of this, HMRC launched the ‘Trust Registration Service’ (TRS), an online tool which enabled (and required) trustees of tax paying trusts to log their details on the ‘Trust Register’. This was done to ensure that the UK was complying with various international anti-money laundering directives.

    The TRS has now been extended to include virtually all UK express trusts, regardless of whether they have suffered or are likely to suffer tax charges. There are some exceptions to the requirements to register, but these are very limited.

    HMRC imposed a deadline which means that the registration of any trust which is as yet unregistered and was set up before 2 June 2022, needs to be completed by no later than 1 September 2022.

    The 1 September deadline applies to all express trusts that were in existence on 6 October 2020 (even if they have since been wound up) and trusts created up to and including 1 June 2022.  For all trusts registered on or after 2 June 2022, the deadline for registering with HMRC is 90 days from the date of creation.

    The registration process can be completed by one of the trustees, or by an agent acting on behalf of the trust, and we are currently busy completing the registration of trusts for clients old and new.

    As well as the initial registration, trustees will be obliged to update the trust register within 90 days and there will be an annual confirmation required that the details are correct for those trusts which are tax paying and complete annual self-assessment returns.

    Late registrations may well incur penalties and in the very worst cases, these can be up to £5,000 per trust.

    Get in touch

    If you are in any doubt as to whether a trust of which you might be a settlor, trustee, or beneficiary, needs to be registered, please get in touch with Jayne O’Boyle by clicking the button below.

    Taxpayers face further delays for refunds from HMRC

    HMRC have recently launched a dashboard to inform taxpayers about the time it is taking to deal with enquiries and settle tax repayments, with delays of up to eleven months in some instances.

    The dashboard, which will be updated weekly, gives accurate and clear information of HMRC’s service performance, and whether they are achieving response time targets, and if not, how long the delay is expected to be.

    Refunds from self-assessment tax returns are held in a backlog, with HMRC currently handling submissions from 5 May. This means that claims are taking 56 days to handle, compared with the usual 15 working day turnaround.

    Marriage allowance claims are also affected, taking nearly three times the usual turnaround time.

    R40 income taxed at source, whereby agents are trying to claim a refund of income tax deducted from savings and investments, is one of the worst affected, suffering delays of nearly a year, with HMRC currently handling requests dating back to August 2021.

    Delays are expected to be resolved by October 2022 at the earliest, according to HMRC, however, this is an estimate and subject to change.

    Access the HMRC dashboard to check current service levels for post and online requests.

    Get in touch

    If you are currently awaiting a tax refund from HMRC which you would like to discuss further, please contact your usual PM+M representative or get in touch by emailing enquiries@pmm.co.uk.

    Helping employees with soaring fuel costs

    In our latest blog, tax manager Julie Walsh, highlights everything you need to know about how you, as an employer, can help employees with rising fuel costs.

    Given the rate that fuel costs are accelerating, many employees who are required to drive either their own vehicle, or a company vehicle, may be requesting additional reimbursement.

    HMRC currently provide approved rates for the reimbursement of business mileage for both company car and private car users. The advisory fuel rates were introduced to allow businesses to reimburse employees a set amount without incurring additional and burdensome record keeping. Find out more about HMRC’s advisory fuel rates by clicking here.

    However, these rates have not changed for some time and are now ‘out of line’ when compared with actual fuel costs.

    For company car users, the tax-free fuel rates of reimbursement are designed to cover the appropriate costs of the business mileage incurred.

    However, for those who use their own private vehicle for business use, the advisory fuel costs also cover the cost of wear and tear of the vehicle, repairs, and insurance etc, as well as the fuel.

    Can employees be reimbursed above the advisory fuel rates?

    It is perfectly acceptable for employees to receive mileage rates above the agreed tax-free allowances.  However, as you would expect, HMRC deem this to create a profit element of reimbursement and it is therefore subject to tax and national insurance.

    Unlike the daily subsistence allowances, it is not possible to agree a bespoke allowance for fuel reimbursement.

    You can, however, reimburse on an actual cost basis.  But what does that mean?

    Employees would need to:

    • keep detailed records of the actual fuel they have purchased;
    • record the business miles driven; and
    • calculate the rate per mile for that journey.

    As fuel prices are constantly changing, the actual cost basis would need to be calculated whenever fuel is purchased, and business mileage undertaken. This should then enable a reimbursement of a genuine business expense which the employee is obliged to incur wholly, exclusively, and necessarily in the performance of their duties, which, under S336 ITEPA, is not chargeable to tax.

    It is extremely important to also keep a record of all private mileage undertaken to ensure no reimbursement is made over and above the agreed business mileage.  Inadvertently reimbursing one private mile or £1 of cost could create a fuel benefit for company car users or a taxable receipt for private car users.

    This will mean scrupulous record keeping and monitoring to ensure no taxable benefit arises, creating additional administration for employers and their teams. Employers will therefore have a cost vs benefit to consider.

    It can only be hoped that going forward, HMRC review their rates, and allow higher payments to be made under the agreed fuel reimbursement allowances to avoid the additional burdensome administration.

    If you would like to discuss reimbursing fuel costs to your employees in more detail, contact Julie Walsh by clicking the button below.

    Are you making the most of HMRC’s available reliefs and allowances?

    HMRC have recently published a list of their available reliefs and allowances – are you utilising the financial support which is available? In our latest blog we highlight the tax savings you could be making.

    Child Benefit

    Child Benefit can be claimed if you’re responsible for raising a child who is:

    • under 16
    • under 20 if they stay in approved education/training

    It is important to note that only one person can claim Child Benefit for a child. It is paid every 4 weeks, and there is no limit to how many children can be claimed for.

    However, if you (or your partner’s) individual income is over £50,000, you may be taxed on the benefit, otherwise known as the ‘High Income Child Tax Benefit Charge’. Use the Child Benefit tax calculator by clicking here to determine how you may be affected.

    Tax-free childcare

    You can claim up to £500 every 3 months (up to £2,000 a year) for each of your children to help with the costs of childcare. If your child is disabled, this increases to up to £1,000 every 3 months (up to £4,000 a year).

    Check your eligibility for tax-free childcare, including how to apply, by clicking here.

    Income tax relief for your employment expenses

    Claim income tax relief on money you’ve spent on things like work uniform and clothing, tools, business travel and business fees or subscriptions.

    Marriage Allowance

    Marriage Allowance allows you to transfer 10% (£1,260) of your personal tax allowance to your husband, wife, or civil partner if you earn less than the personal tax allowance (currently £12,570).

    Help to Save

    Help to Save is a type of savings account for those who are entitled to Working Tax Credit or are in receipt of Universal Credit. The Help to Save scheme gives a bonus of 50p for every £1 saved over 4 years.

    Child Trust Funds

    A Child Trust Fund is a long-term tax-free savings account for children born between 1 September 2002 and 2 January 2011. You can add up to £9,000 per year to an existing Child Trust Fund, and there is no tax to pay on the income or any profit it makes.

    Payment of tax in instalments (Time to Pay)

    If you are unable to pay your tax bill on time, contact HMRC as soon as possible, as you may be able to pay what you owe in instalments (sometimes called a Time to Pay arrangement), depending on your circumstances and what you can afford. Find out more by clicking here.

    Get in touch

    It is more important than ever to ensure you are making the most of your available reliefs and allowances, whilst they are still available. For a further discussion on any of the financial support mentioned above, or advice tailored to your specific circumstances, please get in touch by emailing enquiries@pmm.co.uk or by calling 01254 67931.