Company VehiclesTaxTrustsUncategorisedVAT

Tax e-News July 2018

Welcome to our monthly tax newsletter designed to keep you informed of the latest tax issues.

We hope you enjoy reading the newsletter and remember, we are here to help you so please contact us if you need further information on any of the topics covered.

Best wishes

Bronya

In our newsletter for July 2018:

Net VAT Rules For Building Trade
Notify HMRC Of EBT And Similar Loans By 30 September
What Is The 2019 Loan Charge?
Short-Term Business Visitors
Trust Taxation
Advisory Fuel Rate For Company Cars
Diary Of Main Tax Events July/August 2018

Net VAT Rules For Building Trade

Under new rules due to come in on 1 October 2019 builders, sub-contractors and other trades associated with the construction industry will have to start using a new method of accounting for VAT.

The measure is designed to combat VAT fraud in the construction sector labour supply chain which HMRC argue presents a significant tax loss. HMRC has now published draft legislation to introduce the Reverse Charge for Construction Services.

Under the proposed new rules, supplies of standard or reduced-rated building services between VAT-registered businesses in the supply chain will not be invoiced in the normal way. Under the reverse charge a main contractor would account for the VAT on the services of any sub-contractor and the supplier does not invoice for VAT. The customer (main contractor) would then account for VAT on the net value of the supplier’s invoice and at the same time deducts that VAT – leaving a nil net tax position. This is intended to ensure that VAT is correctly accounted for on supplies by sub-contractors.

Construction Work Affected

The reverse charge will apply to a wide range of services in the building trade, including construction, alteration, repairs, demolition, installation of heat, light, water and power systems, drainage, painting and decorating, erection of scaffolding, civil engineering works and associated site clearance, excavation, and foundation works. The definitions have been lifted directly from the CIS legislation.

Excluded Works

Professional services of architects or surveyors, or of consultants in building, engineering, interior or exterior decoration or in the laying-out of landscape are not covered by the new rules. The draft legislation sets out other work to which the reverse charge does not apply.

It is hoped that the legislation and guidance will be finalised by October 2018 to allow businesses at least 12 months in which to make the necessary changes to systems. Please contact us if you are likely to be affected by these changes and we can work with you to ensure you are ready for the new system.

Back to top

Notify HMRC Of EBT And Similar Loans By 30 September

HMRC have published revised guidance on settling tax liabilities in relation to the use of disguised remuneration schemes involving Employee Benefit Trusts (EBTs) and similar arrangements.

In order to settle on preferential terms before the outstanding loan charge arises on 5 April 2019, taxpayers must register with HMRC and provide all of the required information by 30 September 2018.

Back to top

What Is The 2019 Loan Charge?

This is a tax charge on any outstanding loans that exist as a result of a disguised remuneration tax avoidance scheme. It applies to any loans that were taken out under a disguised remuneration scheme since 6 April 1999.

The most common schemes were Employee Funded Retirement Benefit Schemes (EFRBS) and Employee Benefit Trusts (EBT). When used for tax avoidance, both involved the diversion of employment income to a trust; the trust would then ‘loan’ the employment income to the individual (meaning no PAYE/National Insurance tax was paid) who sought to benefit from the Scheme.

It is the responsibility of the employer/company to pay the 2019 Loan Charge under PAYE legislation. The employer is then expected to pass this cost on to the individual. Whilst the initial liability falls to the employer, it can be passed to the individual beneficiary of the scheme by HMRC if unpaid.

By contacting HMRC to settle your tax affairs now, you can obtain certainty of what you owe and if required, arrange a payment plan.

Back to top

Short-Term Business Visitors

HMRC are consulting on ways to simplify the tax treatment of short-term business visitors from the foreign branch of a UK company, to ensure the UK is an attractive location for business headquarters.

The consultation considers potential changes to the PAYE arrangements under which UK employers need not operate PAYE for employees of their overseas subsidiaries on short stays in the UK. This treatment does not currently apply to visits to the UK by employees from overseas branches of UK companies

The consultation proposes two broad options:

  • Extending the UK workday rule from 30 to 60 days.
  • Introducing a new tax exemption for short-term visitors from overseas branches.
    Back to top

Back to top

Trust Taxation

We are still awaiting the promised consultation on the taxation of trusts announced in the Autumn 2017 Budget. However, in the meantime HMRC have updated their guidance on how different types of trust income are taxed, what management expenses and reliefs can be deducted, and understanding the tax pool.

Please contact us if you are considering setting up a trust or wish to discuss estate planning more generally.

Back to top

Advisory Fuel Rate For Company Cars

These are the suggested reimbursement rates for employees’ private mileage using their company car from 1 June 2018.

Where there has been a change the previous rate is shown in brackets.

Engine SizePetrolDieselLPG
1400cc or less11p7p
1600cc or less10p (9p)
1401cc to 2000cc14p9p (8p)
1601cc to 2000cc11p
Over 2000cc22p13p14p (13p)

Note that for hybrid cars use the equivalent petrol or diesel scale charge. However, it may be more beneficial to compute the actual cost.

You can continue to use the previous rates for up to 1 month from the date the new rates apply.

Back to top

Diary Of Main Tax Events July/August 2018

1 July – Corporation tax for year to 30 September 2017 (unless paid quarterly)
5 July – Deadline for agents and tenants to submit returns of rent paid to non-resident landlords and tax deducted for 2017/18
6 July – Deadline for forms P11D and P11D(b) for 2017/18 tax year
19 July – PAYE & NIC deductions, CIS return and tax for month to 5 July 2018 (due 22 July if you pay electronically)
31 July – 50% payment on account of 2018/19 tax liabilities due
1 August – Corporation tax for year to 31 October 2017 (unless paid electronically)
19 August – PAYE & NIC deductions, CIS return and tax for month to 5 August 2018 (due 22 August if you pay electronically)

Back to top