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Hello,

This is a very busy time for most of us. Have you done all you need to for this tax year? Are you getting ready for the new tax year? 

Let's have a quick think about what you may need to do this month: calculate and run the final payroll of the year, ensure that your personal pension or employer pension contributions actually clear the bank by the end of the tax year or end of your accounting period, calculate, vote and pay dividends ahead of the change in dividend rates, purchase capital equipment, make charitable donations (under Gift Aid if you are an individual), and perhaps open/contribute to an ISA, if you have any change left after paying the gas bill.

In terms of the new tax year, there are well-publicised changes afoot including an increase in the tax rates which applies to dividends and distributions, National Insurance contributions, and s.455 tax on loans to directors and shareholders.

In terms of VAT, all VAT registered businesses move into Making Tax Digital for VAT from 1 April and have to start reporting using functional compatible software, unless they have a reasonable excuse for being unable to file.

The high-level fraud claims in respect of COVID-related support payments seem to have pushed the government into accelerating the need to clean things up at Companies House. We have a look this week at the proposed new measures that aim to ensure that UK registered companies operate on a more transparent basis and cannot so easily be operated by criminals working behind a wall of corporate directors. All change for small company accounts too.

We have also made a summary of forthcoming changes to Business Rates; a new requirement for a three-year reporting cycle means that clients may require your assistance in this kind of tax, in the future, too.

More news, views and CPD updates are below, read on!

Back soon, 

Nichola Ross Martin FCA CTA (Fellow)
Tax Director

www.rossmartin.co.uk

Your Virtual Tax Partner® online PRACTICAL support for accountants, tax advisers BY accountants and tax advisers.

Quick News (Freeview) 

Avoid penalties: pay your tax or arrange time to pay by 1 April 2022 
Taxpayers who have not yet paid tax due under Self Assessment for the 2020-21 tax year must either make payment in full or agree time to pay arrangements with HMRC by 1 April to avoid late payment penalties.

Employment-related securities: What’s New? March 2022
HMRC's latest Employment-Related Securities Bulletin contains some useful information. Here is our enhanced version.

Report a discrepancy about a beneficial owner on the PSC register
Accountants, professional advisers and other 'obliged entities' can now report a discrepancy about a beneficial owner on the Persons of Significant Control register online. 

Wasteful: costly findings of MTD research
The methodology behind HMRC's latest research into the benefits of error reduction created by Making Tax Digital for VAT is pure 'hogwash'.

Editor's Pick (subscribers)

Companies House: What's New?
Small & Micro companies will have to file full profit and loss and balance sheets as part of reforms introduced in the Government's 'Corporate Transparency & Register Reform White Paper'. Further reforms give new powers to the Registrar including identity checks for directors and restrictions on corporate directorships.

Business Rates: What's new?
The government is exploring different methods for the reform of business rates. Proposals, including three-year rating valuations and have been set out in a number of different consultations as set out below. 

Guides & Updates (subscribers)  

Dividends & distributions
UPDATE: Are you ready for the change in the tax rate on 6 April 2022? 

National Insurance
UPDATE: Employers and Self Employed both see a rise in the rate of Class 1, Class 1A and Class 4 National Insurance.

Directors & Companies 

Year-end top tips for OMB's 2021/22 
NEW: Last-minute year-end tax planning advice for owner-managed businesses and clients. What should you focus on as the 2021-22 tax year-end approaches? What should you do before 5 April and what could you leave until later?

Pension contributions: Personal or company?
Is it more tax efficient to pay pension contributions personally or via your own company?

Land & Property

Residential Property Developer Tax: At a glance
UPDATE: What is the Residential Property Developer Tax (RPDT)? What is residential property and who is a developer? Are there any allowances or exemptions?

Freeports: Tax breaks
UPDATE: What are Freeports? Where are they located? What are the tax advantages?

Private Client & Estate Planning 

Private client: What’s on? 2021-22
It's been a year of two Finance Acts: this update includes measures from both documents as well as considering other topical private client issues for advisers and their clients.

SRT: Statutory Residence Test
UPDATE: What is the statutory residency test? Why is it important and how does it work?

Tax Cases 

UT: CIS Gross Payment Status removed eight years after compliance failures
In HMRC v RMF Construction Limited [2022] UKUT 00067, the Upper Tribunal (UT) overturned the FTT decision allowing an appeal against the removal of CIS Gross Payment Status. The decision to remove the status was based on compliance failures and that these failures happened eight years before the status is to be removed did not make its removal disproportionate.

No reasonable excuse for DIY taxpayer  
In Alastair Fergusson v HMRC [2022] TC08415, the First Tier Tribunal (FTT) upheld penalties and interest caused by the late filing of SDLT returns and subsequent payment.  The taxpayer had attempted to file the paperwork for the property purchase himself and not met the appropriate requirements and deadlines, he had no reasonable excuse.

Court of Appeal: Gas storage caves are not plant
In Cheshire Cavity Storage 1 Ltd & Anor v HMRC [2022] EWCA Civ 305 the Court of Appeal agreed with the lower courts that underground gas storage cavities were not plant so were not eligible for plant and machinery capital allowances.

Closure Notice defects: no reasonable excuse
In William Archer v HMRC [2022] UKUT 00061, the Upper Tribunal (UT) dismissed an appeal by Mr Archer against the penalty surcharge notice issued by HMRC for £1.4 million in relation to unpaid tax of approximately £14 million. There was no evidence to show that the belief that the Closure Notices were invalid was the reason for non-payment of tax.

Freedom of Establishment infringement was justified but disproportionate
In HMRC v Volkerrail Plant Ltd & Ors [2022] UKUT 00078, the Upper Tribunal (UT) found that whilst the restriction to the group relief provisions, as previously set out in s403D ICTA 1988, did infringe upon the EU Freedom of Establishment, the restriction was justified as a matter of public interest.

VAT Cases & Guides 

Revenue and Customs Brief 6 (2022): Lennartz mechanism and VAT accounting 
HMRC have published Revenue and Customs Brief 6 (2022): ‘Lennartz mechanism and VAT accounting’. This explains what VAT registered businesses should do to avoid overpaying VAT where they continue to use the Lennartz mechanism in respect of arrangements entered into before 22 January 2010. 

Tax Toolkits 

Tax Tools
Be a winner with our game-changing tax diagnostics tools for Business Asset Disposal Relief, SDLT & annexes/subsidiary properties, Company reorganisations, R & D Zone and TAAR on winding up. Sign up now!

Tax Queries?

Virtual Tax Partner© Support
Have a tax query? Need a second option? Open a ticket and ask a question. A team of tax experts with a very wide range of expertise: covering direct and indirect tax, as well as accounting, R&D claims, reorganisations and much more. 

CPD for lunch 

Byte-sized chunks of CPD for subscribers

 

More at CPD Index

Missed last time's Web-update?

Nichola's SME Tax W-update 10 March 2022

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