Escolar Documentos
Profissional Documentos
Cultura Documentos
Taxation (UK)
D Inheritance tax
Purpose Type
of taxation of tax
Introduction to the
UK tax system
• Economic factors:
— Used to encourage and discourage certain types of
activity
• Social factors:
— Redistribution of income and wealth
• Environmental factors:
— To deal with environmental concerns like global
warming
Primary legislation
• Acts of Parliament eg Taxation of Capital Gains Tax Act
1992.
• Sets out principles and main details of law.
• Finance Act passed by Parliament each year to update the
various rules governing the calculation and collection of
tax for the current tax year and financial year (and
sometimes later tax years/financial years).
• Finance Act 2017 broadly governs the rules for the tax
year 2017/18 and for financial year 2017.
Secondary legislation
• Statutory instruments eg Income Tax (Pay As You Earn)
Regulations 2003.
• Sets out details of how law works in practice.
Case law
• Eg Hall v Lorimer 1994.
• Interprets and amplifies legislation in specific
circumstances.
• May also affect other taxpayers in similar circumstances if
creates precedent.
HMRC publications
• HMRC publications generally do not have legal force but
are advisory.
• Statements of Practice: how HMRC interprets law.
• Extra-Statutory Concessions: circumstances where HMRC
does not impose strict interpretation of law.
• Explanatory leaflets.
• Revenue and Customs Brief: HMRC's view on specific
points.
• Internal Guidance: HMRC manuals.
• Agent Update: for tax practitioners.
Tax year
• Tax year, or fiscal year, or year of assessment runs from 6
April to 5 April following.
• Tax year 2017/18 runs from 6 April 2017 to 5 April 2018.
• Tax year is period for which individuals submit returns and
pay tax (eg Income tax, National insurance, Capital gains
tax).
Financial year
• Financial year runs from 1 April to the following 31 March.
• Financial year 2017 runs from 1 April 2017 to 31 March
2018.
• Corporation tax rates set for financial years.
• Tax evasion:
― Misleading HMRC by suppressing information or
deliberately providing false information
― Illegal
• Tax avoidance:
― Using the legislation to reduce your tax burden
― Legal
― HMRC may challenge tax avoidance schemes which
are artificial through the courts
• General Anti-Abuse Rule (GAAR): enables HMRC to
counteract tax advantages from abusive tax
arrangements.
Required
(a) Explain why the understatement is tax evasion, rather
than tax avoidance.
(b) Explain in brief how Alec should deal with the suggestion
from the director that the true proceeds should not be
disclosed to HMRC, from an ethical viewpoint.
A 1 only
B 2 only
C Both 1 and 2
D Neither 1 nor 2
A 1 only
Action 1 involves misleading HMRC to delay a legitimate
tax charge and so is tax evasion.
Action 2 is the result of legitimate tax planning so is tax
avoidance rather than tax evasion.
A 2 and 4 only
B 1 and 2 only
C 1 and 3 only
D 1, 2, 3 and 4 (2 marks)
B 1 and 2 only
Your firm should advise the client to make disclosure. If
the client does not agree to make disclosure, your firm
should cease to act for the client, make a report under the
money laundering regulations and notify HMRC that your
firm has ceased to act for the client.
You should not inform HMRC of the details of the non-
disclosure. Your firm also should not warn the client that it
will be reporting the non-disclosure as this might
constitute the criminal offence of ‘tipping-off’.
Purpose of tax
• Taxation can be used to encourage economic, social and
environmental behaviour.
Types of tax
• Taxes may be direct/indirect, revenue/capital.
Scope of income
tax
Computing Personal
Qualifying interest
taxable income allowances
Non-savings Dividend
income income Gift aid
Savings Tax
income calculation
Andy:
• Has been resident in the UK for at least one of the
previous three tax years.
• Has three UK ties (spouse, home and UK work).
• Was present in the UK for between 46 and 90 days (48
days) during the tax year.
Andy is therefore UK resident in 2017/18.
A 90 days
Nigel was not previously resident in the UK. He will be
UK resident for 2017/18 with three UK ties if he spends at
least 91 days in the UK during that tax year.
Therefore maximum number of days that Nigel could
spend in the UK during the tax year 2017/18 without
being treated as UK resident for that year is 90 days.
Property income X
UK dividends X
TOTAL INCOME X X X
Less: qualifying interest paid (X)
Less: loss relief (X) __ __
NET INCOME X X X
LESS: PERSONAL ALLOWANCE (X) __ __
TAXABLE INCOME X X X
• Non-savings income:
― Trade income
― Employment income
― Pension income
― Property business income
B £12,000
£(20,000 – 8,000) = £12,000
£
Personal allowance 11,500
Less reduction
Income 105,000
Less limit (100,000)
5,000
×½ (2,500)
Adjusted personal allowance 9,000
Additional Rate
150000
33500
5000 0%
NSI SI DI
BPP LEARNING MEDIA
Computing tax payable 3
Less: PA (11,500) a a
Taxable income 2,600 8,000 10,600
Less: PA (11,500) a a
Taxable income 500 15,000 15,500
£
Income tax thereon:
NS 500 20% 100
SI 4,500 (5,000 – 500) 0% 0
1,000 0% (NRB basic rate taxpayer) 0
9,500 (15,000 – 4,500 – 1,000) 20% 1,900
Tax liability 2,000
£
NS 100 20% 20
SI 4,900 (5,000 – 100) 0% 0
1,000 0% (NRB basic rate taxpayer) 0
4,100 (10,000 – 4,900 – 1,000) 20% 820
DI 4,500 0% 0
Non-savings Savings
income income Dividends
£ £ £
BSI 3,750
DI 40,000
Less: PA (nil) *
Income tax
£
33,500 20% 6,700
96,500 40% 38,600
130,000
B £1,333
2017
2017
B £7,200
£
Personal allowance 11,500
Less ½ (108,600 – 100,000) (4,300)
7,200
W1 Adjusted net income
£
Net income 109,400
Less gross gift aid donation (800)
108,600
Ash and Den are married. In the tax year 2017/18 Ash has
trading income of £9,240 and Den has employment income
of £42,700.
(2) What is Den’s income tax liability for the tax year
2017/18?
A £0
B £220
C £6,010
D £6,340
C £6,010
£
Employment income 42,700
Less: PA (11,500)
Taxable income 31,200
Personal allowance
• Everyone receives a personal allowance.
• However if adjusted net income > £100,000 it is reduced by £1 for
every £2 excess income.
Computing tax payable
• Non-savings income is taxed at 20%/40%/45%.
• Savings income is taxed at 0%/20%/40%/45%.
• Dividend income is taxed at 0%/7.5%/32.5%/38.1%.
Accrued income scheme
• Seller taxed on accrued interest received on sale.
• Buyer given tax relief against interest received of amount taxed on
seller.
Gift aid
• Gift aid donations enable the taxpayer to save tax at their marginal
rate.
• For higher rate taxpayers this is achieved by increasing the basic
rate limit and higher rate limit by the gross donation.
Child benefit income tax charge
• If adjusted net income between £50,000 to £60,000 charge will be
1% of amount received for every £100 of income over £50,000.
Transferable personal allowance
• Transfer of £1,150 between spouses as 20% tax reducer.
Jointly held property
• Split 50 : 50, unless election made for actual entitlement.
Employment income
Required
List those factors that indicate that Andrew should be treated
as an employee in relation to his work for S Ltd rather than
as self-employed.
Note: you should confine your answer to the information
given in the question. (4 marks)
Salary X
Bonus X
Commission / tips X
Benefits X
X
Allowable deductions (X)
Employment income X
No allowable Allowable
deduction deduction
Site based
Permanent
Travelling appointment
workplace
Temporary workplace
• Permanent workplace:
― Spends at least 40% of working time at the workplace;
or
― Period expects to work at the workplace exceeds 24
months.
• Site based:
― No permanent workplace.
― Work at successive places spending a few days, weeks
or months at each place eg computer consultant.
• Travelling appointment:
― Travelling is an integral part of the job eg service
engineer.
― Duties commence on leaving home so deduction for
travelling expenses provided employee lives within
normal work area.
• Temporary workplace:
― If not permanent workplace eg period up to 24 months.
― If initially expects to spend up to 24 months at
workplace, but subsequently extended to more than 24
months, then travel expenses will not be allowed from
the time of the extension.
― Similarly, if originally expected to exceed 24 months but
subsequently reduced to up to 24 months, travel
expenses will be allowed from the time of the reduction.
Fred owns a car and travels 11,000 business miles in the tax
year in the car. He is paid 35p per mile by his employer.
What is the impact on Fred’s assessable employment
income for the tax year?
A Deduction of £1,100
B Deduction of £900
C Increase of £900
D Increase of £1,100
11,000 (4,750)
Travel expenses
• Normal commuting costs are not deductible.
• Cost of getting to and from work is allowable if:
− Site based
− Travelling appointment
− Temporary workplace
Benefits – Benefits –
general rules special rules
• If an employee
Receives cash vouchers(Vouchers exchangeable for cash)
Uses a credit token (Such as credit card) to obtain money,
goods or services, or
Receives exchangeable vouchers (such as book
tokens),also called non-cash vouchers
Accommodation
• Job related accommodation is not taxed under the benefit
rules.
• Job related accommodation is that which is:
― Provided for security reasons, or
― Necessary for the proper performance of duties, or
― Customary and ensures better performance of duties.
Accommodation
• Non job related accommodation is taxable benefit.
• Basic benefit is greater of:
― Annual value
― Rent paid by employer
• Additional benefit is (cost – 75,000) official rate of
interest at start of tax year (2.5% for 2017/18).
Accommodation – cont’d
• Cost is cost of purchase plus any improvements to
property made before the start of tax year.
• If first made available to employee six years after
employer purchased property, use market value (MV)
when made available, instead of cost.
Accommodation
£
Annual value 8,000
Employee contribution (2,500)
5,500
Additional benefit:
[(175,000 – 75,000) 2.5%] 2,500
Taxable Benefit 8,000
Required
Calculate the assessable benefit for accommodation and the
living expenses assuming:
(1) The accommodation is job related; or
(2) The accommodation is not job related.
Accommodation:
£
Annual value 8,000
Additional benefit:
[(375,000 (MV as more than 6 years since 7,500
property acquired) – 75,000) 2.5%]
Annual Benefit 15,500
A £600
Use of asset:
£
6
2015/16 1,000 20% 12 = 100
450
Car benefit
• Employees are assessed on company cars, but not a pool
car.
• Benefit is calculated as a % of the list price of the car.
• Percentage starts at 18% and builds up in 1% steps for
every 5g of carbon dioxide emitted per kilometre in excess
of 95g/km, to maximum 37%.
• Diesel cars have a supplement of 3%, to maximum 37%.
• If CO2 emissions 50g/km or less use 9%, if between
51g/km and 75g/km use 13%, if between 76g/km and
94g/km use 17%.
Car benefit
• List price is as published by manufacturer.
• Includes delivery charges, standard accessories, all
customs duties, VAT, car tax, list price of any additional
fitting costs of optional accessories.
• Capital contribution made by the director/employee
deducted from the list price up to a maximum of £5,000.
• Any contribution for the use of the car will be deducted
from the value of the benefit.
Stuart has the private use of a car with a petrol engine. The
car has a list price of £16,500 and an official CO2 emission
rate of 133g/km.
Required
(1) Calculate Stuart's assessable benefit for 2017/18.
(2) Calculate the benefit if the above car was a diesel rather
than petrol car.
(3) How would your answer in (2) differ if he only had use of
the car from 6 October 2017 until the end of the tax year
and he contributed £1,000 to his company for use of the
car?
(4) If Stuart's car had an official emission rate of 69g/km,
was petrol and was available for the entire tax year, what
would the assessable benefit be for 2017/18?
= 6 2,310
12
Vans
• Standard benefit of £3,230 (2017/18) a year for private use
of a company van.
• No taxable benefit where an employee takes a van home
(ie uses the van for home to work travel) but is not allowed
any other private use.
• Additional charge of £610 (2017/18) for private fuel.
Beneficial loans
• Only loans greater than £10,000 give rise to a benefit.
• Assessable benefit is average loan official rate of interest
less interest paid.
• Official rate of interest is 2.5% throughout 2017/18.
• Two methods of calculating 'average loan':
― Average method
― Strict method
• Average method automatically applies unless the taxpayer
or HMRC elect for strict method (HMRC will usually only
elect if average method deliberately exploited).
Average Method
100000 + 80000
= 90000
2
Reimbursed expenses
• Basic rule: taxable on employee but allowable deduction
as expense of employment.
• Automatic exemption if amount of the deduction is at least
equal to the amount of the expense.
• Automatic exemption applies to actual expenses incurred
and to flat rate payments such as allowances for travel or
meals.
• Reimbursed expenses.
• Canteen available to all staff.
• Qualifying removal expenses up to £8,000.
• Car parking spaces near place of work.
• Workplace nurseries (crèches).
• Up to £55 a week of childcare at approved child carer or
childcare vouchers, for basic rate taxpayers (£28 per week
for higher rate taxpayers, £25 per week for additional rate
taxpayers).
• Contributions by an employer to registered pension
scheme.
£
Salary £15,100 8 120,800
Removal expenses £(11,600 – 8,000) 3,600
Loan £35,500 @ 2.5 % 7/12 518
Staff canteen (exempt) 0
Car benefit (W) 1,728
Employment income 126,646
Working
Amount by which CO2 emissions exceed base level:
(110 (rounded down) – 95) = 15 ÷ 5 = 3.
Car benefit percentage is 3 + 18 + 3 (diesel supplement) = 24%.
Car available from 1 October 2016 to 5 April 2017 = 6 months
Car benefit is £14,400 (list price) 24% 6/12 = £1,728.
Employer's duties
• Deduct correct tax from employee's pay.
• Work out how much NIC needs to be deducted.
• Keep record of pay and deductions.
• Pay over tax/NIC on due date.
• Send relevant income tax and NIC information
electronically every time employees are paid.
PA 11,500
Car benefit (3,255)
Tax underpaid
100 (250)
50
20 7,995
Tax code 799L
Joe’s tax code will have been calculated by starting with his
personal allowance of £11,500, and then reducing it by the
estimated value of the taxable benefits.
An employee’s tax code is used to adjust their salary when
calculating the amount of income tax that has to be paid
each week or month under the PAYE system.
Required
For each of the PAYE forms P45, P60 and P11D, briefly
describe the circumstances in which the form will be
completed, state who will provide it, the information to be
included, and the dates by which they should have been
provided to Joe for the tax year 2017/18.
(6 marks)
Taxable benefits
• Make sure you learn these rules.
Exempt benefits
• Certain benefits are tax free. Make sure you know which ones.
PAYE system
• This system imposes the collection of tax of employees onto the
employer.
Occupational
Personal schemes
schemes
Personal schemes
• Payments are made net of basic rate tax of 20%.
• Higher rate taxpayers obtain higher rate relief by making
claim to increase the basic rate limit by gross pension
contribution.
• Additional rate taxpayers obtain higher and additional rate
relief by making a claim to increase basic rate and higher
rate limits by gross pension contribution.
• Gross pension contribution also deducted to arrive at
‘adjusted net income’ for working out tapered personal
allowance.
£
Earnings 60,000
PA (11,500)
Taxable income 48,500
Increase BR limit = £33,500 + (7,020 × 100/80)
= £42,275
£42,275 × 20% 8,455
6,225 × 40% 2,490
49,000
10,945
Income tax:
58,500 20% 11,700
66,250 40% 26,500
124,750
Income tax liability 38,200
(W1)
£
Adjusted net income 132,500
Less: pension contribution 20,000 10080 (25,000)
107,500
Less: limit (100,000)
Restriction 7,500
Occupational schemes
• Employee contributions get tax relief under 'net pay
arrangements': employer deducts the employee's gross
pension contribution before applying PAYE
• Employer contributions:
― Employee: tax free benefit
― Employer: tax deductible trading expense
• Maximum tax relievable contribution in tax year higher of:
― £3,600
― Relevant earnings for tax year
C £53,000
£
Salary 50,000
53,000
A £33,500
The basic rate limit is not adjusted for occupational pension
contributions.
Unused allowance £
2014/15 40,000 – 33,600 = 6,400
2015/16 NIL
2016/17 40,000 – 30,400 = 9,600
16,000
2017/18 = 40,000
56,000
As Jess is not a member of a pension scheme in 2014/15
the annual allowance for that year is lost.
Non-savings
income
£
Employment Income 126,000
Annual allowance charge (W1) 17,500
143,500
Personal allowance (W2) (11,500)
Taxable Income 132,000
Income Tax
91,000 20% (W3) 18,200
41,000 40% 16,400
132,000 34,600
Lifetime allowance
• Individual's pension fund cannot grow beyond a certain
value called the 'lifetime allowance'.
• Lifetime allowance is currently £1m.
• If fund grows beyond this point: additional tax charge when
withdrawal of funds in the form of pension benefits.
Pension schemes
• Individual may contribute to a number of different pension schemes
subject to an annual limit on contributions attracting tax relief.
Personal schemes
• Any amount can be invested.
• However tax relief is only given on £3,600 if no earnings or an
individual's relevant earnings for that tax year.
Occupational schemes
• There are two types of company schemes – defined benefit or
defined contribution.
• Higher rate relief is given by increasing the basic rate and higher
rate limits by the gross pension contribution.
Annual allowance
• £40,000 for 2017/18 but can be increased by unused annual
allowance for the three years prior to 2017/18.
• Reduced if adjusted income exceeds £150,000 (minimum £10,000).
• If pay more than this amount charged on excess at marginal rate.
Receiving pension benefits
• Individual can start to receive pension benefits from 55 with
complete flexibility to access personal pension.
• Pension fund cannot exceed lifetime allowance of £1m.
Property income
Furnished Holiday
Property income Lease premiums
Lettings
Rent a Room
PAYMENT DATE
1-Dec-2016 3000
1-Mar-2017 3000
1-Jun-2017 3000
1-Sep-2017 3000
1-Dec-2017 3500
1-Mar-2018 3500
C £12,667 £
1.3.17 payment: 3,000 2/3 2,000
1.6.17 3,000
1.9.17 3,000
1.12.17 3,500
1.3.18 3,500 1/3 1,167
12,667
£
Rental income (accruals) X
Less expenses (accruals)
Advertising (X)
Agent's fees (X)
Repairs (X)
Property income profit/(loss) A
If A is a profit – taxable in the current year
If A is a loss – carry forward to deduct from property income
in the future.
Rents 12,400
Less: Agent's commission (1,240)
Council tax (1,392)
Mortgage interest(5000X75%) (3,750)
Washer-dryer £(330 – 25) (305)
5,713
Less: Losses b/fwd (1,296)
4,417
£
Rent received 23,000
Sale proceeds 504,000
Cost of new boundary wall around the property (5,300)
(there was previously no boundary wall)
Cost of replacing the property’s chimney (2,800)
Legal fees paid in connection with the disposal (8,600)
Property insurance (2,300)
Required
Calculate Phil’s income tax liability for the tax year 2017/18.
(2 ½ marks)
£
Rent receivable 23,000
Less: repairs (2,800)
insurance (2,300)
Net income 17,900
Less: personal allowance (11,500)
Taxable income 6,400
Tutorial note
The cost of replacing the property’s chimney is revenue
expenditure because the chimney is a subsidiary part of the
house (see Samuel Jones & Co v CIR 1951). The cost of
the new boundary wall is capital expenditure as the wall is
a separate, distinct, entity (see Brown v Burnley Football
and Athletic Club 1980).
Required
State the tax advantages of a rental property qualifying as a
trade under the furnished holiday letting rules.
(3 marks)
Josie owns two properties, which are let out. Property one
qualifies as a trade under the furnished holiday letting rules,
whilst property two is let out unfurnished. The income and
allowable expenditure for the two properties for the tax year
2017/18 are as follows:
Property one Property two
£ £
Income 6,600 7,200
Allowable expenditure 9,700 2,100
Required
Compute Josie’s taxable property income for 2017/18.
(2 marks)
£
Property one
£(6,600 – 9,700) = £(3,100) loss c/f against
FHL income 0
Property two
£(7,200 – 2,100) 5,100
Property business income 2017/18 5,100
9 8,000)
Rent ( 12 6,000
Property income assessment 49,200
Required
Using the question Denise earlier, show the relief available
to Timothy for the premium paid.
£43,200
Relief available = = £2,880 pa
15
£
Premium 80,000
Less: 2% (20 – 1) × 80,000 (30,400)
49,600
Rent 10,000 × 9/12 7,500
57,100
Sam’s trading deduction is £49,600/20 = £2,480 pa
in addition to the monthly rental.
Property income
• Income is assessed on an accruals basis.
• All incidental expenses are deductible including interest on money
borrowed to acquire property.
• Replacement furniture relief is available if the property is furnished.
Furnished holiday lettings
• FHLs are seen as a business activity so attract certain tax
advantages.
Lease premiums
• Lease premiums on the grant of a short lease lead to an element of
the premium being treated as rent received in advance.
Rent a room
• £7,500 collected from renting a room is tax free.
Computing
trading income
Deem to be Non-trading
TRADING PROFIT (potential) CAPITAL GAIN
£
Net profit per accounts X
Required
Calculate John's tax adjusted trading profit.
Your computation should commence with net profit and
should list all of the items referred to in the statement of
profit or loss indicating by the use of a zero any items that do
not require adjustment.
B 1 and 4 only
• When using the cash basis for F6, certain expenses can
be computed on a flat rate basis:
―Approved mileage allowance to compute deduction for
business miles.
―If a business premises are used partly for private
purposes, private use adjustment can be made on
number of occupants.
Badges of trade
• There are six badges of trade which are used to determine if
someone is trading or not.
Adjustment of profits
• Net profit is adjusted for disallowable expenditure and income that is
not taxable or taxable elsewhere.
• Capital allowances are also deducted to arrive at trading income.
• Expenditure can only be deducted if it is incurred wholly and
exclusively for the purpose of the trade.
Capital allowances
Allowances Allowances
Plant
• Exclusions include:
― Buildings
― Structures
― Land
Plant
• Inclusions (if satisfies function test) include:
― Electrical (including lighting), cold water, gas and
sewerage systems
― Space or water heating systems and powered systems
of ventilation
― Manufacturing and display equipment
― Expenditure on altering land for the purpose only of
installing machinery or plant
Plant
• Inclusions include:
― Computer software
Machinery
• Normal everyday meaning.
X X X X
AIA (X) X
Transfer to pool X X X
X X
FYA 100% (X) X
–
TWDV c/fwd X X X X X
Required
Calculate the allowances to be claimed for the year
ended 31 December 2017.
Small pool
• Balance of unrelieved expenditure on the main pool (after
additions and disposals) of £1,000 or less (pro-rated for
periods longer or shorter than 12 months).
• Balance can all be written off leaving pool with a nil
balance.
• Expenditure on:
―Long life assets (≥ 25 years) if trader spends more than
£100,000 in period (pro-rated for periods longer or
shorter than 12 months)
―Solar panels
―Plant and machinery that is integral to a building such
as electrical and lighting systems, cold water systems,
space or water heating systems, powered systems of
ventilation, cooling or air purification lifts or escalators
―Cars with CO2 emissions of over 130 g/km
Small pool
• Balance of unrelieved expenditure on the special rate pool
(after additions and disposals) of £1,000 or less (pro-rated
for periods longer or shorter than 12 months).
• Balance can all be written off leaving pool with a nil
balance.
Capital allowances
Required
Calculate the capital allowances for the year ended 31
December 2017 and the year ended 31 December 2018.
Assume tax rates for tax year 2017/18 apply throughout.
Main Special
FYA pool rate pool Allowances
£ £ £
Y/e 31.12.17
TWDV B/F 25,000 –
Additions 18,000 32,000
Disposals – –
43,000 32,000
WDA 18% and 8% (7,740) (2,560) 10,300
C/F 35,260 29,440
Y/e 31.12.18
TWDV B/F 35,260 29,440
Additions 8,000
FYA 100% (8,000) – – 8,000
– 35,260 29,440
WDA 18% (6,347) (2,355) 8,702
C/F 28,913 27,085 16,702
Barry buys a car for his business for £18,000, CO2 emission
170 g/km, on 30 June 2017 which he uses privately 20% of
the time. His year end is 31 March. On 1 September 2018
the car was sold for £10,000.
Required
Calculate his capital allowances for the years ended 31
March 2018 and 31 March 2019.
Assume tax rates for tax year 2017/18 apply throughout.
Privately used
asset (80%) Allowances
Y/e 31.3.18 £ £
Addition 18,000
WDA 8% (1,440) 80% 1,152
16,560
Y/e 31.3.19
Disposal (10,000)
Balancing allowance 6,560 80% 5,248
Guy prepares accounts to 31 March each year. At 1 April 2017 the TWDV
values of plant and machinery were as follows:
Main pool £15,000
Short life asset £4,000
The following transactions took place during the year ended 31 March
2018:
15.4.17 Purchased equipment £123,000
31.8.17 Purchased motor car, C02 emissions 69 g/km £17,000
31.8.17 Purchased motor car, C02 emissions 132 g/km £20,000
2.9.17 Sold a lorry (cost £9,800) £(12,000)
1.2.18 Sold short life asset (original cost £8,000) £(800)
Required
Calculate Guy's capital allowances for year ended 31 March 2018.
Equipment
The first £200,000 of expenditure will qualify for the annual
investment allowance.
The remainder of the expenditure will be added to the main
pool and therefore will be eligible for writing down allowance
at the rate of 18%.
Capital allowances for the year ended 31 March 2018 will
therefore be £200,000 + (£100,000 × 18%) = £218,000.
Ventilation system
The annual investment allowance will be available as above.
The ventilation system will be integral to the factory, and so
the balance of expenditure will only qualify for writing down
allowances at the rate of 8%.
Capital allowances for the year ended 31 March 2018 will
therefore be £200,000 + (£100,000 × 8%) = £208,000.
Main pool
• Most plant and machinery.
• Cars with CO2 emissions of 130g/km or less.
Balancing adjustments
• Deduct disposal proceeds (limited to purchase cost).
• Balancing charge if exceeds TWDV.
• Balancing allowance if less than TWDV on cessation.
Cars
• CO2 emissions 75 g/km or less: FYA @ 100%.
• CO2 emissions between 76 and 130 g/km: WDA @ 18%.
• CO2 emissions in excess of 130 g/km: WDA @ 8%.
Assessable
trading income
Choice of Cessation
accounting date — Closing year rules
(b) Required
What profits would be assessed if instead the
year end was 30 April?
Year ended £
30 April 2017 22,000
30 April 2018 18,000
30 April 2019 30,000
YES NO
<12m 12m
Required
3
10,000 5,000
6
2016/17 First 12 months (1.1.16 – 31.12.16)
6
1.7.16 – 31.12.16( 18,000) 9,000 19,000
12
Required
Albert, who has been trading for some years preparing his
accounts to 31 December, ceases to trade on 31 March
2018 with profits as follows:
Adjusted
profits
£
Year to 31.12.16 19,000
Year to 31.12.17 22,000
3 months to 31.3.18 12,000
Required
£
2016/17 CYB (y/e 31.12.16) 19,000
Required
Calculate the trading profit assessments for all relevant
years.
WDA x n/12 BA / BC
3 Deduct 2 from 1.
Cost
Date £
1.3.17 Plant 13,000
1.12.17 Car, C02 emissions 120 g/km 9,300
Required
What are the trading income assessments for the first three
tax years and what are the overlap profits?
6,928
TWDV c/fwd 15,372
8 × 26,628 = £12,531
17
(b) Explain how Fang would have obtained relief for trading
expenditure incurred prior to 1 August 2015 and for
computer equipment which Fang already owned which
was brought into business use on 1 August 2015.
(2 marks)
Closing years
• When a business ceases to trade no WDAs are given in
the final period of account.
• Additions in the relevant period are brought in and then the
disposal proceeds (limited to cost) are deducted from the
balance of qualifying expenditure.
• If the proceeds exceed the TWDV at disposal then a
balancing charge arises.
• If proceeds are less than the TWDV at disposal, a
balancing allowance is given.
• When a trade starts special rules apply initially to get the trader
onto a CYB. Overlap profits will arise unless 31 March or 5 April
year end is selected.
• On cessation special rules apply to bring the trader off the CYB.
Any overlap profits are relieved in the final tax year.
Trading losses
Required
Show how the loss is relieved if Donald makes the earliest
claim to set trading loss against total income.
Loss memo:
£
Y/e 30.6.16 34,000
– 15/16 (31,000) (i)
– 16/17 (3,000) (ii)
–
Required
Calculate Paul’s taxable income for 2016/17 and 2017/18
assuming the largest and earliest claim against total income
is made. Assume that the personal allowance is £11,500 for
both tax years.
Loss memo:
£
Y/e 30.6.17 200,000
Loss relief – 16/17 (40,000 + 50,000) (N1) (90,000)
– 17/18 (N2) (50,000)
Loss remaining 60,000
Required
Loss memo:
£ £
Y/e 31.12.16 40,000
Relief vs TI – 2015/16 (30,000) (i)
– 2016/17 (10,000) (ii)
–
Y/e 31.12.17 24,000
Relief vs TI – 2016/17 –
– 2017/18 (10,000) (iii)
C/fwd 14,000
14,000
2018/19 (8,000) (iv)
C/fwd 6,000
Marion started her trade on 1 June 1994. She has always prepared her
accounts to 31 January. Her recent trading results have been:
Y/e 31 January 2015 £25,280
Y/e 31 January 2016 £19,360
Y/e 31 January 2017 £(74,000)
Y/e 31 January 2018 £15,000
Required
Compute Marion’s taxable income for 2014/15 to 2017/18 on
the assumption that she relieves her trading loss as early as
possible.
Assume rates for 2017/18 apply throughout.
* A loss relief claim against total income in 2016/17 would waste Marion’s personal allowance
for that year and would not save any tax as all income is covered by the personal allowance.
Carry back to 2015/16 wastes personal allowance but results in all tax paid being repaid.
Required
Trading assessments £
£
9
2014/15 12
40,000 30,000
Relief available against TI of 2014/15 and/or
2012/13 or against TI of 2011/12, 2012/13,
2013/14
2015/16 12 months to permanent accounting date 40,000
Less: used in 2014/15 (30,000)
10,000
Reliefs available against TI of
2015/16 and/or 2014/15
or against TI of 2012/13, 2013/14 and 2014/15
Loss X Loss X
Profit (X) O/ lap X
(ignore if profit) X X
TERMINAL LOSS
Required
£
Terminal loss 26,000
2015/16 (4,000)
2014/15 (10,000)
2013/14 (8,000)
Unrelieved terminal loss 4,000
Continuing trade
• Trading losses can be relieved against total income (and then
subsequently gains) in the year of loss and/or preceding year.
Required
Show how the taxable trading profit for the year ended
30 June 2017 is split between the partners.
1.4.16 – 30.6.17
(£15,000 to allocate)
Total A D
Y/e 30.6.17 £ £
1.7.16 – 31.12.16
Salary 6/12 12,000 6,000 6,000 –
Balance 1.1 14,000 7,000 7,000
6/12 40,000 20,000
1.1.16 – 30.6.17
6/12 40,000 (3:1) 20,000 15,000 5,000
Total 40,000 28,000 12,000
J K Total
£ £ £
Salary 6,000 Nil 6,000
Balance (3:2) (21,600) (14,400) (bal) (36,000)
Trading loss (15,600) (14,400) (30,000)
Required
Y/e 30.4.16
1.5.15 – 31.7.15
/12 50,000 1:1 –
3 12,500 6,250 6,250
1.8.15 – 30.4.16
/12 50,000 2:2:1
9 37,500 15,000 15,000 7,500
Y/e 30.4.17
2:2:1 35,000 14,000 14,000 7,000
Total A B
Share of profits/losses:
Amy
Loss (7,500)
Bella
Loss (7,500)
Trading profits
• Partners are treated as individual sole traders.
• The profit of the partnership is split amongst the individual partners
using the profit sharing agreement during the accounting period.
Losses
• Losses are allocated in the same way as profits.
• Partners however decide individually how to relieve their share of
the loss.
National insurance
contributions
£
Salary for 2017/18 48,000
Benefits per P11D 6,450
A £4,193
B £4,480
C £4,362
D £5,091
B £4,480
A £4,782
B £5,091
C £6,387
D £7,100
C £6,387
Class 1 – secondary
(48,000 – 8,164) @ 13.8% 5,497
Class 1A
6,450 @ 13.8% 890
Total 6,387
A £4,815
B £3,696
C £1,815
D £680
D £680
£
Employee 1: £(28,000 – 8,164) = 19,836 13.8% 2,737
Employee 2: £(15,000 – 8,164) = 6,836 13.8% 943
3,680
Less: employment allowance (maximum) (3,000)
Secondary contributions 680
Required
(a) Class 4
9% (14,000 – 8,164) = 525
(b) Class 4
9% (45,000 – 8,164) = 3,315
2% (47,000 – 45,000) = 40
3,355
A £4,987
B £4,664
C £4,069
D £3,831 (2 marks)
C £ 4,069
Class 4
45,000 – 8,164 @ 9% = 3,315
82,700 – 45,000 @ 2% = 754
4,069
Personal pension contribution does not affect Class 4
NICs.
Employed earners
• Class 1 is calculated on cash earnings and is paid by employees
(primary) and employers (secondary).
Chargeable disposal
Chargeable
Scope of CGT
person
Chargeable asset
Damaged/
Spouses/ destroyed
Part disposal
civil partners assets
Chargeable person
• Individual resident in the UK.
• Company resident in the UK (corporation tax).
Chargeable disposal
• Sale at market value.
• Gift or sale at less than market value:
―In lifetime: disposal at market value at date of gift/sale
―No chargeable disposal on gift at death but recipient
takes asset at date of death value (probate value)
• Loss or destruction of asset.
Chargeable asset
• All assets except those which are exempt.
Exempt assets
• Cars.
• UK government stocks.
• Qualifying corporate bonds (QCB).
• Wasting chattels (greyhounds, racehorses).
• Foreign currency bank accounts held by individuals.
• Medals awarded for valour or inherited
(not if purchased).
A 1 and 3
B 2 and 3
C 2 and 4
D 1 and 4 (2 marks)
A 1 and 3
A motor car suitable for private use and a UK Government
security (gilt) are always exempt.
A wasting chattel is exempt, as is a chattel sold for gross
proceeds of £6,000 or less. Other chattels are chargeable
assets.
A house may be exempt if principal private residence relief
applies, but is otherwise a chargeable asset.
Basis
• Disposals in the current tax year.
CGT payable
21,000 × 18% 3,780
22,700 × 28% 6,356
43,700
23,000 × 20% 4,600
14,736
Alternatively
CGT Payable
23000
14736
Payment of CGT
2017/18 31/01/19
Gain CGT
due
£
Gross proceeds X
Less incidental costs of disposal (X)
Net proceeds X
Less cost (X)
Less enhancement expenditure (X)
Gain/(loss) X/(X)
£
Asset purchased February 1987 15,000
Sale July 2017 43,000
Selling expenses July 2017 2,500
Enhancement August 2001 8,000
Required
What is Andrea’s chargeable gain?
£
Gross sale proceeds 43,000
Less: Selling expenses (2,500)
Less: Cost (15,000)
Less: Enhancement (8,000)
Chargeable gain 17,500
Required
Calculate Ron's capital gains tax payable for 2017/18,
assuming this was the only disposal he made in the year,
and state the due date for payment.
£
Proceeds 305,000
Less selling expenses (7,900)
Less cost (140,000 + 4,700) (144,700)
Less enhancement (55,800)
Chargeable gain 96,600
Less annual exempt amount (11,300)
Taxable gain 85,500
Required
Show how the gain is relieved by loss relief and the loss to
carry forward to 2018/19.
Gain 11,300
Annual exempt amount (11,300)
–
Required
(a) What is Ted’s taxable gain for 2017/18 and what is the
amount of the capital loss carried forward to 2018/19?
PROPERTY OTHER
Gain 11300
NIL
2017/18
£
Current year gains X
Current year capital losses (X)1
Capital losses b/fwd (X)2
Net gains X
Less annual exempt amount (11,100)
11300
Taxable gain X
B £20,000 £
Proceeds 40,000
Less: Selling expenses (4,000)
36,000
Disposal by Joseph £
Proceeds 20,000
Less: Cost (deemed proceeds above) (8,000)
Chargeable gain 12,000
Required
Compute Renaldo’s chargeable gain in respect of the
disposal on 3 December 2017. (3 marks)
Tutorial notes
1 The cost of the land is £28,600 which is the value when
Renaldo’s father-in-law died. Renaldo would have taken
over this cost when his wife transferred the land to him.
2 The gross proceeds of sale are used in the part disposal
fraction.
Damaged asset
• Asset damaged and compensation or insurance money is
received: part disposal.
• A/A+B applies where:
A = compensation received
B = unrestored value of asset
• All of compensation applied in restoring asset: taxpayer
can elect to disregard the part disposal.
• If no part disposal: proceeds deducted from cost of asset.
Required
(a) Calculate the gain arising assuming Arthur elects for
there to be no part disposal.
(b) How would your answer differ if no election were made?
December 2017
£
Proceeds 95,000
Cost (40,000 – 16,923) (23,077)
Restoration (37,000)
Chargeable gain 34,923
Asset destroyed
• If asset completely destroyed, ‘full’ disposal and
compensation monies wholly charged to CGT.
• If the compensation receipts are reinvested in
replacement asset within 12 months, form of ‘roll over’
relief available.
• ‘Replacement’ asset must be within scope of CGT and of a
similar function and type to original asset.
September 2016 £
Proceeds 40,000
Cost (30,000)
10,000
Gain chargeable (40,000 – 36,000) (4,000)
Deduction from base cost 6,000
Base cost of replacement asset
(36,000 – 6,000) = £30,000
Scope of CGT
• Chargeable gains arise when there is a chargeable disposal of a
chargeable asset by a chargeable person.
Part disposals
• A/A + B is used to determine the cost when there is a part disposal.
Chattels
Cost
£
Proceeds(£6,300 X 100/90)
7,000
Less Incidental cost of sale 700
Net Proceeds 6300
Less cost 1800
Gain 4500
A £5,000 £
Proceeds 9,000
Less: Commission (1,000)
Cost (500)
7,500
B £(1,000) £
Wasting chattels
• Wasting chattels have an expected life on disposal of
≤ 50 years.
• Such assets are exempt from CGT.
• Exception: plant and machinery (P&M) qualifying for
capital allowances.
• P&M sold for loss: no capital loss as fall in value is given
through capital allowances.
• P&M sold for gain, follow non-wasting chattel rules.
A £4,500
£
Proceeds 8,700
Less: cost (3,800)
4,900
C £3,780 £
Proceeds 17,280
Gain 3,780
PPR
Part occupation
• If any part of residence is not occupied by the owner for
residence purposes, PPR relief will be proportionately
withdrawn.
• Application of last 18 month rule will depend on whether
the property has always been only part occupied or
whether it has at some point all been residential.
Required
Compute Mark's chargeable gain.
From that date until 1 April 1999 Harry was required by his
employers to work overseas.
Required
£
Gain 100,000
Less: PPR 96 ×100,000 (32,653)
294
67,347
Less: Letting relief lowest of:
(1) 1.4.12 – 31.3.16 48 ×100,000 =16,327
294
(2) 40,000
(3) 32,653 (16,327)
51,020
Chattels
• Chattels fall into two categories:
— Wasting: exempt
— Non-wasting: special rules/restrictions apply
Wasting assets
• Depreciate cost over its estimated useful life.
Business reliefs
Entrepreneurs' relief
and Investors’ relief
Gift relief Rollover relief
Gerald sold his sole trader business, which he had carried on for many
years, on 3 August 2017. Gains arose on chargeable assets as follows:
£
Offices 450,000
Goodwill 75,000
Investments 120,300
On 23 March 2018 Gerald sold a 15% shareholding in Puddle Ltd, a
trading company, which resulted in a chargeable gain of £600,000.
Gerald had acquired these shares on 1 June 2007 and had been an
employee of the company ever since.
Gerald has taxable income of £10,000 for 2017/18 and capital losses of
£15,000 brought forward.
Required
Calculate Gerald's capital gains tax liability for 2017/18, assuming Gerald
has not previously claimed entrepreneurs' relief.
£
Offices 450,000
Goodwill 75,000
Shares 600,000
1,125,000
CGT payable
£
1,125,000 10% = 112,500
(W1) 94,000 20% = 18,800
131,300
(W1) £33,500 – 10,000 = £23,500 basic rate band is unused but this
is set against gains qualifying for entrepreneurs' relief first.
Required
Calculate Ben's capital gains tax payable for 2017/18.
@ 10% 120,500
£
Freehold warehouse 136,300
Annual exempt amount (11,300)
125,000
@ 20% 25,000
The relief
• Disposals by way of gift or sale at undervalue are
chargeable to CGT, with proceeds deemed to be market
value.
• Under certain circumstances a gift relief claim can be
made jointly by donor and recipient to hold over the gain.
Conditions
• Disposal is made to an individual who is UK resident.
• Disposal is of a business asset used in donor's trade, or
unquoted shares in a trading company, or quoted shares
in a personal trading company (≥ 5%).
Required
Cost
£
Deemed proceeds (open MV) 210,000
Cost (50,000)
Taxed now 160,000
(95,000 – 50,000) (45,000)
Held over 115,000
Conor gave 40% of his holding in C Ltd to his son, George, when its
market value was £200,000. The cost of the 40% holding was £100,000.
The assets of C Ltd comprised the following at the date of the gift:
£
Freehold property 270,000
Leasehold property 130,000
Inventory 30,000
Debtors 25,000
Investments 20,000
Plant (cost and proceeds < £6,000) 40,000
Creditors (8,000)
507,000
Required
What is the chargeable gain arising for Conor and the base cost of the
shares to George?
£
Base cost for George
MV 200,000
Less: Gain held over (95,238)
Base cost 104,762
Qualifying assets
• Land and buildings.
• Fixed plant and machinery.
• Goodwill (for individuals only).
The relief
• Relief is available to both individuals and companies (see
later).
• Allows taxpayer to delay tax liability on chargeable gain to
extent that proceeds from sale of business asset are
reinvested in new business assets.
• Original and replacement asset must both be used in a
trade of the taxpayer.
Timing
• Purchase of replacement asset may be up to 12 months
before disposal of old asset and 36 months after disposal
of old asset.
Taxed now
• Any proceeds not reinvested in a qualifying asset are
deducted from the gain to be rolled over and are taxed
immediately.
In June 1995 John bought some land for £140,000 for use
as a fixed asset in his trade. In August 2017 he sold it for
£250,000, immediately reinvesting £230,000 of the
proceeds in freehold property for use in his trade.
Depreciating assets
• Definition: asset with expected life of a maximum 60 years
or fixed plant and machinery.
• Effect: gain deferred is not deducted from cost of new
asset but is deferred until the earliest of one of three
dates.
Deferred until:
earliest of
Required
Show Neil's chargeable gains position.
Gain deferred
£
Proceeds 125,000
Cost (75,000)
50,000
The gain of £50,000 is deferred until the sale of the plant
and machinery on 7 December 2017.
The fall in value on plant and machinery has been relieved
through capital allowances.
Depreciating assets
• Gain on disposal is deferred against a replacement
depreciating asset:
―Possible to transfer deferred gain to non-depreciating
asset
―Provided non-depreciating asset bought before
deferred gain has crystallised
Entrepreneurs' relief
• Entrepreneurs' relief has a lifetime limit of £10m.
• It applies to the disposal of a business or certain trading company
shares.
• Gains qualifying for entrepreneurs' relief are taxed at 10%.
Investors' relief
• Similar to entrepreneurs' relief.
• Gains on subscribed for unlisted trading company shares from
2019/20 will be taxed at 10% if minimum three year holding period
satisfied and not employee of company.
Gift relief
• Gift relief allows an individual to defer a gain arising on gifts of
business assets.
securities • Takeovers
• Gilts and QCBs
Same day
Next 30 days
Share pool
Valuation
A £15,000
B £83,800
C £84,400
D £85,000
C £84,400
£
Proceeds 20,000 × (£4.44 + ½ × (4.50 – 4.44)) 89,400
Cost (5,000)
Gain 84,400
Disposal
3 1 2
Share Pool Same Next
day 30
days
Required
Matching of shares
Proceeds
6,000 × £58,000 =
29,000
12,000
Cost (30,000)
Loss (1,000)
No Cost
£
10.12.99 10,000 25,000
7.10.08 3,000 12,000
13,000 37,000
(6,000) (17,077)
Disposal
7,000 19,923
Proceeds
(6,000/12,000) × £58,000 = 29,000
Cost (17,077)
11,923
Bonus issues
• Simply increases the number of shares held by the
taxpayer with no corresponding increase in cost.
• Bonus shares are treated as if acquired on the same date
as the original shares to which they relate.
Rights issues
• Issued for cash to existing shareholders in proportion to
their existing shareholdings.
• Rights issue shares must be allocated to the pool in the
same way as bonus shares but there will be an adjustment
to the cost of the pool.
Required
Gain
£
Proceeds 15,000
Cost (10,139)
Gain 4,861
Required
What is Julia's chargeable gain?
B Ltd shares
Mr A C Plc
Required
Calculate the gain arising on Benny’s disposal in January
2018.
5,000
Self assessment
and payment
of tax by individuals
Penalties and
Returns
interest
Payment of tax
HMRC issued a notice to file a tax return for the tax year
2017/18 to Anna on 31 May 2018.
A similar notice was issued to her husband Frank on 13
December 2018.
What are the deadlines for Anna and Frank’s tax returns for
2017/18 if they both submit electronically?
A Anna on 31 October 2018 and Frank on 31 January
2019
B Both returns on 31 January 2019
C Anna on 31 October 2018 and Frank on 13 March
2019
D Anna on 31 January 2019 and Frank on 13 March
2019
2017/18
-------------------
Payments:
31.1.18 31.7.18 31.1.19
1st POA 2nd POA Balance
50% 16/17
liability
Carola is a part-time employee who also runs her own sole trade business.
She paid tax for 2016/17 as follows.
£
Total amount of income tax charged 10,600
This included: Tax deducted under PAYE 2,000
She also paid: Class 4 NIC 3,000
Capital gains tax 5,000
How much are the payments on account for 2017/18 and by what dates are
they due?
£
Income tax:
Total income tax charged for 2016/17 10,600
Less tax deducted for 2015/16 (2,000)
8,600
Class 4 NIC 3,000
‘Relevant amount’ 11,600
Payments on account for 2017/18:
31 January 2018 £11,600 50% 5,800
31 July 2018 £11,600 50% 5,800
Late returns
• Up to three months late: £100.
• Between three and six months late: £100 (as above) + £10
per day (for a maximum of 90 days).
• More than six months late: penalties as before plus 5% of
tax due (minimum of £300).
Errors in returns
Type of error Max penalty Min penalty: Min penalty:
prompted unprompted
disclosure disclosure
Careless 30% of PLR 15% of PLR 0% of PLR
Deliberate not concealed 70% of PLR 35% of PLR 20% of PLR
Deliberate and concealed 100% of PLR 50% of PLR 30% of PLR
Late notification
Type of error Max penalty Min penalty: Min penalty:
prompted unprompted
disclosure disclosure
12m <12m 12m <12m
Careless 30% of PLR 15% 10% 10% of 0% of
of PLR of PLR PLR PLR
Deliberate not concealed 70% of PLR 35% of PLR 20% of PLR
Deliberate and concealed 100% of PLR 50% of PLR 30% of PLR
(2) What is the latest date HMRC can give notice of their
intention to commence a compliance check into
Donatella’s return?
A 31 January 2020
B 13 March 2020
C 28 March 2020
D 30 April 2020
D 30 April 2020
A £1,260
B £1,200
C £2,940
D £4,200
A £1,260
A £0
B £100
C £900
D £1,000
B £100
However, you have just discovered that during the tax year
2016/17 Ernest disposed of a freehold property, the details of
which were omitted from his self-assessment tax return. The
capital gains tax liability in respect of this disposal is £18,000
and this amount has not been paid.
Required
Assuming that HMRC discover the capital gain and raise an
assessment in respect of Ernest’s capital gains tax liability of
£18,000 for the tax year 2016/17, advise Ernest as to the
amount of penalty that is likely to be charged as a result of
the failure to include the capital gain in his tax return and
how this could have been reduced if the capital gain had
subsequently been disclosed to HMRC. (4 marks)
Returns
• Notification of liability to IT and CGT within 6 months from end of
tax year.
• Paper returns filed by 31 October.
• Electronic returns filed by 31 January.
• Or 3 months from the issue of a notice to file if later.
Payment of tax
• Two payments on account on 31 January and 31 July based on last
year's tax bill.
• Balancing payment due 31 January after year of assessment.
Keeping records
• Five years after 31 January following the tax year where taxpayer is
in business.
• One year after 31 January following the tax year otherwise.
Interest
• Interest is charge for late payment of tax.
Penalties
• Penalties are charged for late returns, late payment of tax and late
notification.
• A penalty is also applied for errors in returns.
Nature of question
Exam details
Records Specimen A13
Inheritance
Tax
Types of Calculating
Transfers of tax on
Scope of IHT Exemptions lifetime
value lifetime
transfers
transfers
What is the value for inheritance tax (IHT) and capital gains
tax (CGT) purposes?
A IHT: £105,000; CGT: £105,000
B IHT: £105,000; CGT: £170,000
C IHT: £170,000; CGT: £105,000
D IHT: £170,000; CGT: £170,000
A 1, 2, 3 and 4
B 2, 3 and 4 only
C 2 only
D 4 only (2 marks)
D 4 only
Outright gifts to individuals totalling £250 or less per donee
in any one tax year are exempt under the small gifts
exemption. The £400 gift to Alfred is therefore not exempt
under the small gifts exemption. If gifts total more than
£250 the whole amount is chargeable. Therefore neither of
the gifts to Minnie which total £(140 + 280) = £420 are
exempt under the small gifts exemption. The gift of £175 to
Winifred is exempt under the small gifts exemption.
(i)
£
Gift (CLT) 337,000
AE: 2017/18 (3,000)
2016/17 b/f (3,000)
Net gift after exemptions 331,000
(ii)
£ £
Net gift after exemptions, as before 331,000
– Nil band left 325,000
Less: GCTs in 7 years before gift (110,000)
(215,000)
116,000
Required
Gift 50,000
AE: 2016/17 (3,000)
2015/16 b/f (3,000)
PET 44,000
No lifetime tax
Gift to trust 13.8.17:
Gift 343,000
AE: 2017/18 (3,000)
2016/17 already used –
Gross CLT 340,000
Less: nil band left (325,000)
15,000
No lifetime tax
C £118,750
£
Net chargeable transfer 800,000
Less: nil band left (325,000)
475,000
Inheritance
Tax
Taper relief
• If gifts were made between three and seven years of
death only a percentage of IHT calculated will be
collected.
• Percentage depends on period between date of gift
(whether PETs or CLTs) and death.
• Taper relief table given in tax rates and allowances.
Required
Death tax:
(i) PET March 2010:
– More than 7 years before death exempt
Lifetime tax:
(i) PET 13.5.12:
Gift 130,000
– AE 12/13 (3,000)
– AE 11/12 b/f (3,000)
PET 124,000
Payable by Trustees
Required
Less:
Nil band remaining 325,000
Less: GCTs in 7 years before gift (186,000)
(139,000)
Tax @ 40% 19,000
£7,600
Less: Taper relief: 5–6 years: 60% (4,560)
IHT due £3,040
Required
Death Estate
£ £
ABC plc shares 24,400
House 350,000
- exempt as left to spouse (350,000)
Summer cottage 84,000
XYZ Ltd shares 68,000
176,400
Less: liabilities (5,750)
Chargeable estate 170,650
Less: nil band remaining
Nil band at date of death 325,000
- used in 7 years before death (232,000)
(93,000)
77,650
Tax @ 40% £31,060
• Spouse or civil partner has already died, but did not use all
of nil band on death.
• Unused nil band can be transferred across to the other
spouse or civil partner.
Required
£
Mildred's own nil band 325,000
Unused nil band of husband 162,000 × 325,000/312,000 168,750
493,750
Lifetime transfers
• If CLT made between 6 April and 30 September, tax due
30 April following.
• Otherwise tax due six months from end of month of
transfer.
Death tax
• On lifetime gifts: six months from end of month of death.
• On estate: six months from end of month of death or on
delivery of account if earlier.
Scope of IHT
• IHT is a tax on gifts or transfers of value.
• Individuals are liable to IHT.
Transfers of value
• IHT is charged on what the donor loses not what the donee gains.
Exemptions
• Gifts to spouses are exempt in lifetime and at death.
• Other exemptions (eg annual exemption) apply to lifetime gifts only.
Death estate
• The death estate includes all assets that exist at death.
Spouses and civil partners
• Any unused nil rate band on first spouse's death can be transferred
to remaining spouse.
Payment of IHT
• Normally six months from end of month following gift or death.
Points to note
• Never deduct dividends paid.
• Dividends received from other companies are never
included in arriving at taxable total profits.
• Include all figures gross in taxable total profits.
• Bank Deposit Interest and Building Society Interest are
assessed as interest income from non-trade loan
relationships.
• Companies pay corporation tax (not CGT) on chargeable
gains.
Points to note
• Interest income is interest receivable less interest payable
on loans for non-trading purposes.
• Qualifying charitable donations are paid gross by
companies.
Abel Ltd, a UK trading company produced the following results for the
year ended 31 March 2018.
£
Trading income 244,000
Rental income 15,000
Bank deposit interest received 4,000
Bank deposit interest accrued at 31 March 2017 1,000
Bank deposit interest accrued at 31 March 2018 2,000
Capital gains 42,000
Qualifying charitable donations 7,000
Dividends received from UK companies 15,000
A £4,000
B £5,000
C £6,000
D £7,000
B £5,000
£
Investment income (4,000 + (2,000 - 1,000)) 5,000
A £305,000
B £291,000
C £299,000
D £306,000
B £291,000
£
Trading income 244,000
Property income 15,000
Interest income 5,000
Chargeable gains (42,000 − 8,000) 34,000
Total profits 298,000
Less qualifying charitable donation (7,000)
Taxable total profits 291,000
Note: Dividends received are exempt from corporation tax.
The tax written down value of plant and machinery qualifying for capital
allowances at 1 September 2016 was £30,000. The only capital
transaction during the 16-month period was the purchase of a new van
for £8,000 on 15 November 2017.
Required
Calculate taxable total profits and the corporation tax
liabilities for the accounting periods. Assume the rate of
corporation tax is 20% in financial year 2016 and 19%
financial year 2017.
12 months 4 months
to 31.8.17 to 31.12.17
£ £
Adjusted trading profit (12 : 4) 2,700,000 900,000
Less: CA (working) (5,400) (9,476)
Taxable trading income 2,694,600 890,524
Property income (accruals) 12,000 4,000
Gain – 40,000
Less Qualifying charitable donation (20,000) –
Taxable total profits 2,686,600 934,524
Working
AIA Main pool Allowances
£ £ £
1.9.16 – 31.8.17
Tax WDV @ 1.9.16 30,000
WDA 18% (5,400) 5,400
24,600
1.9.17 – 31.12.17
Addition qualifying for AIA 8,000
AIA 200,000 4/12 = 66,667 max (8,000) 8,000
WDA 18% 4/12 (1,476) 1,476
23,124 9,476
Property income
• As for individuals, except better loss relief and interest payable on
loans is relieved under investment income.
Long period of account
• A chargeable accounting period cannot exceed 12 months in length.
• A long period of account must be split into two accounting periods.
Corporation tax liability
• 19% of taxable total profits.
Chargeable gains
for companies
Indexation allowance
A £4,000 gain
B £1,356 loss
C £0 gain or loss
D £5,356 gain
C £0 gain or loss £
Proceeds 18,000
Cost (12,000)
Enhancement (2,000)
Unindexed gain 4,000
263.4 – 186.5
= 0.412 12,000
Less: IA on cost (4,944)
186.5
218.4
(412)
Required
Compute the gain and the value of the FA85 Pool following
the disposal.
(W1) Indexed
No Cost cost
£ £
Aug 96 1,000 2,750 2,750
Index to Dec 96
154.4 – 153.1 2,750 23
153.1
2,773
Addition Dec 96 1,000 3,250 3,250
2,000 6,000 6,023
Index to July 2017
261.5 – 154.4
6,023
154.4 4,178
10,201
Disposal (1,500) (4,500) (7,651)
500 1,500 2,550
Losses
£’000
Net profit/loss in accounts X / (X)
NIL
BPP LEARNING MEDIA
Trading losses 2
Required
Loss memo £
Y/e 31.12.16 55,000
Current period (i) (10,000)
Carry back to y/e 31.12.15 (ii) (40,000)
5,000
Carry forward to y/e 31.12.17 (iii) (5,000)
–
A £64,000
B £96,000
C £70,000
D £62,000 (2 marks)
D £62,000
£
Loss incurred in y/e 31.12.16 105,000
p/e 31.12.15 (43,000)
Year ended 31 August 2015 62,000
y/e 31.8.15
Lower of £96,000 8/12 = £64,000 and unused loss (62,000)
C/f 0
K Ltd ceased trading on 31 March 2017. It had the following results for
the five accounting periods to 31 March 2017.
6 months
Y/e to Y/e Y/e Y/e
30.9.13 31.3.14 31.3.15 31.3.16 31.3.17
£ £ £ £ £
Trading profit (loss) 3,000 9,000 16,000 12,000 (45,800)
Bank interest 500 – 600 600 600
Chargeable gains 1,000 – – – 5,000
Qualifying charitable 300 – 300 300 –
donations
Required
Show taxable total profits for all periods affected, assuming loss relief is
taken as soon as possible.
Loss memorandum £
Y/e 31.3.17 45,800
Current (5,600) (i)
C/b y/e 31.3.16 (12,600) (ii)
C/b y/e 31.3.15 (16,600) (iii)
C/b 6m to 31.3.14 (9,000) (iv)
C/b y/e 30.9.13 (2,000) (v)
–
Capital losses
• Relieved against current year gains.
• Excess carried forward against gains in future accounting
periods.
Property losses
• Relieved against total profits of the current period.
• Excess carried forward against future total profits.
Trading losses
• Relief is given against current period profits and against profits of
the previous 12 months.
• Trading losses carried forward can only be set against future
trading income from the same trade.
• Trading losses for companies are calculated in exactly the same
way as trading income.
• Make sure you know the loss relief pro forma as it identifies against
which item of income the loss is offset.
• Use a loss memorandum when answering questions.
Cessation of trading
• Trading losses in the last 12 months of trading can be carried back
36 months (LIFO).
Other losses
• Capital losses can only be relieved against current and future
chargeable gains.
• Property losses can be relieved against total profits of current and
future years.
Nature of question
Exam details
Trading loss relief Specimen A14
Groups
Groups
Principle
• Allows companies in 75% group to transfer current year
trading losses and certain other losses to each other.
• Must be UK resident.
75% group
• One company is 75% subsidiary of another, or both
companies are 75% subsidiaries of same parent.
• Parent: must own 75% of share capital and be entitled to
75% of subsidiary’s assets on winding up and be entitled
to 75% of subsidiary’s income on a distribution.
• Sub-subsidiaries: only include if ultimate parent has 75%
effective interest.
• Beware sub-subsidiaries.
A Ltd
75%
B Ltd EI = 75% × 75%
= 56.25%
75%
C Ltd
A Ltd
90% 80%
B Ltd D Ltd
100% 90%
C Ltd E Ltd
A Ltd
90% 80%
B Ltd D Ltd
100% 90%
E Ltd
C Ltd
Surrendering company
• Can transfer current period available loss:
― Trade losses
― Excess qualifying charitable donations
― Excess property business losses
• Any amount of loss can be surrendered.
• 'Excess' means that amounts must first be used against
own income.
Claimant company
• Sets loss against its taxable total profits of same period as
surrendering company’s loss making period.
• When computing taxable total profits, the claimant
company is assumed to use any current year losses (even
if such a loss relief claim is not made).
• Also, taxable total profits are after all other reliefs for the
current period (for example qualifying charitable
donations) or brought forward from earlier periods.
B £105,000
A £0
B £160,000
C £148,000
D £260,000
B £160,000
Assume that it makes a current year claim for relief for its
trading so £260,000 less £100,000 = £160,000.
Loss (20k)
Y/e 31/12/16
H Ltd
Loss (20k) x 9/12
=(15k)
Lower of
Profit 30K x 9/12
=22.5k
S Ltd
Y/e 31/3/17
Profit 30K
Y/e 31.12.16
H Ltd
S Ltd
S Ltd joins on 1.5.16
Y/e 31.12.16
H Ltd
Claim
• Elect for group relief within two years of end of claimant
company’s profit making period.
• Claimant company can make a payment to the
surrendering company in return for the loss which is
ignored for corporation tax purposes as long as it does not
exceed the amount of loss surrendered.
For the year ended 31 March 2017, Halo Ltd made a trading
loss of £180,000.
Halo Ltd has owned 100% of the ordinary share capital of
Shallow Ltd since it began trading on 1 July 2016. For the
year ended 30 June 2017, Shallow Ltd will make a trading
profit of £224,000.
Neither company has any other taxable profits or allowable
losses.
What is the maximum amount of group relief which Shallow
Ltd can claim from Halo Ltd in respect of the trading loss of
£180,000 for the year ended 31 March 2017?
A £180,000
B £168,000
C £45,000
D £135,000 (2 marks)
D £135,000
£
The lower of:
Definition
• UK companies where:
―Parent company owns 75% of subsidiary’s share
capital, or
―Two subsidiaries 75% owned by same parent.
Sub-subsidiaries
• Part of ultimate parent's group if:
― 75% owned by immediate holding company, and
―> 50% owned by ultimate parent.
Intra-group transfers
• Chargeable assets are automatically transferred between
group members at value which gives no gain/no loss.
Required
£
Proceeds 300,000
Cost (from (a)) (239,680)
Indexation allowance
(265.1 – 261.2/261.2) = 0.015 × £239,680 (3,595)
Gain 56,725
B Ltd
Capital losses
Required
Advice the group what action it should take in respect of
these chargeable disposals for the year ended 31 March
2017 and the deadline for such action.
Rollover relief
• Companies in a chargeable gains group are treated as
one unit for rollover relief.
• Advantages:
― Can make use of group’s capital losses.
― Get gains taxed at lowest marginal rate in group.
― More chance of roll-over relief being available.
Group relief
• Within a group relief group, current period trading losses, excess
property business losses and excess qualifying charitable
donations can be surrendered between UK companies.
• Surrendering company can surrender any amount of its loss.
• Claimant company can only offset against current period taxable
total profits.
• Objective is to save tax at highest marginal rate.
Nature of question
Exam details
Group relief Specimen A4
Non-large
Large company
company
Required
Explain the options available to Naive Ltd regarding the
production of accounts and tax computations in the iXBRL
format. (3 marks)
Amending a return
• Company may amend return within 12 months of the due
filing date.
• HMRC may amend return within 9 months of the actual
filing date.
Records
• Companies must keep records until the latest of:
―Six years from the end of the accounting period
―Date any compliance check enquiries are completed
―Date after which a compliance check enquiry may not
be commenced
Compliance checks
• HMRC may give written notice to a company of its
intention to conduct a compliance check on a return.
• If the return was delivered on or before the due filing date,
the notice must be given by first anniversary of:
―Due filing date (for most group companies)
―Actual filing date (other companies)
• If the return was delivered after the due filing date, the
notice must be given by the quarter day following the first
anniversary of the actual filing date.
Assessment
• Tax return includes a self-assessment of corporation tax
payable for the period.
• If HMRC do not conduct a compliance check on the return
within 12 months of the filing date, it will be treated as
finalised.
Payment of tax
• Companies have to pay their estimated corporation tax
due nine months and one day after the end of the
chargeable accounting period (the due date), unless a
large company.
• For a long period of account, tax will be payable 9 months
and one day after each accounting period.
M Ltd paid its corporation tax liability for the year ended
31 December 2016 on 31 August 2017.
The final accounts showed an overpayment of £12,000 tax
and HMRC paid the relevant interest to M Ltd on
31 October 2017.
A £0
B £5
C £10
D £30
B £5
A £825
B £2,250
C £300
D £450 (2 marks)
A £825
Interest runs from due date (1 October 2017) to the date of
payment (31 March 2017) which is six months.
£60,000 2.75% 6/12 £825
Late filing
• Automatic penalty:
―Up to 3 months late £100
―Up to 6 months late £200
―Up to 12 months late £200 + 10% unpaid tax
―Over 12 months late £200 + 20% unpaid tax
• If returns for each of previous accounting periods were
also late, then £100 and £200 penalties increased to £500
and £1,000.
• 51% subsidiary:
―Company B is 51% subsidiary of company A if more
than 50% of company B’s ordinary shares are owned
directly or indirectly by company A.
A plc has taxable total profits (TTP) of £480,000 for the year ended 31 March
2017. In the year ended 31 March 2016 it has TTP of £600,000.
For many years A plc has had investments in three other companies. The profits
of those companies and the dividends paid to A plc in the year ended 31 March
2017 are as follows.
All companies have a 31 March year end and none of them have any other
related companies. D Ltd has received a dividend of £5,000 from another
unrelated company but there have been no other receipts by any of the
companies named above.
(1) C £505,000
Required
£m
14.7.16 1.2
14.10.16 1.2
14.1.17 1.2
3.6
14.2.17 0.4 (4th month after AP end)
4.0
For the year ended 31 March 2016, Sizeable Ltd had taxable
total profits of £820,000, and for the year ended 31 March
2017 had taxable total profits of £970,000. The profits accrue
evenly throughout the year.
Sizeable Ltd has had one 51% group company for many
years.
How will Sizeable Ltd pay its corporation tax liability for the
year ended 31 March 2017?
Nature of question
Exam details
Payment of corporation tax by instalments Specimen A5
Interest for late payment Specimen A6
iXBRL format Specimen B33
Standard Compulsory
20%
Reduced 5% Voluntary
Zero 0% De-registration
Exempt Group
TAXABLE EXEMPT
Historic test
End of each
month
Previous 12 months
Taxable supplies > £85k
Today
30 days
Taxable supplies > £85k
Required
By what date is Jack required to notify HMRC that he is
liable to register for VAT? When will Jack be registered for
VAT and from what date must he charge his customers VAT?
Deregistration
• If business ceases to make taxable supplies, it must
deregister.
• If in the next year VAT exclusive taxable supplies will be
below £83,000, the business may deregister.
• Deemed supply of business assets (such as plant,
equipment or trading inventory) when a business ceases
to be VAT registered.
• If the transfer is of a going concern, it is outside the scope
of VAT.
Voluntary registration
• Advantages:
― Able to reclaim input VAT
― Imposes discipline on the business to keep accurate
records
― Lends credibility to a business
• Disadvantages:
― Adds to administrative costs
― Reduces the competitive edge and deters business if
the customers are not VAT registered
Implications of registration
• Traders making standard or zero rated supplies must
charge VAT on all taxable supplies using tax invoices.
• These traders can recover related input tax suffered.
• Input tax is not recoverable on: cars (unless involved in
motor trade), UK customer entertaining, non-business
purchases.
• Exempt traders (eg insurance company): cannot register
(as they make no taxable supplies), cannot recover input
VAT suffered.
Required
How much VAT can be reclaimed in respect of the above
and on what amount will C Ltd be entitled to claim capital
allowances?
Group registration
• Effect of group registration:
― Allows group companies to nominate one company in
the group to prepare one VAT return for the companies
in the group the ('representative member').
― Intra-group transactions are disregarded for VAT
purposes.
― Administratively much easier.
― All members of group registration are jointly and
severally liable for VAT liability.
Group registration
• Who can form a VAT group:
― Holding company must control subsidiaries
(ie voting power).
― Each company must be resident in the UK.
Required
What input VAT can B Ltd claim in respect of these items
assuming the van and inventory are still held on
1 October 2017?
£
Van – in use post registration 1,600
Inventory – still held at date of registration 2,400
• Quarterly: usually.
• Monthly: repayment traders.
• Annual: optional if taxable supplies below £1,350,000 pa.
Tax point
• Each tax invoice is assigned to a return period according
to its tax point.
• Basic tax point: when goods are made available, or when
services completed.
• If invoice is issued or payment received before basic tax
point: earlier date becomes the tax point.
• If the earlier date rule does not apply and the invoice is
issued within 14 days after the basic tax point: invoice date
becomes the tax point.
Discounts
• Basic rule: output VAT charged on the actual amount
received by the trader.
• If prompt payment discount offered by the trader: VAT
initially calculated on the undiscounted amount.
• If discount subsequently taken up, customer pays VAT at
the appropriate rate of VAT on the discounted amount.
Discounts – cont’d
• Trader must either:
―Issue credit note for the discount; or
―Include words on invoice that the customer’s input VAT
must only be reclaimed to the extent paid to the trader.
Private fuel
• Input tax on all road fuel purchased by the business can
be reclaimed.
• When a taxable person supplies fuel for private motoring
to an individual, output tax must be accounted for either
using:
―Actual cost of private fuel, or
―Scale charge (usually in F6 and rates will be given),
unless all private fuel paid for by individual.
Required
What is the VAT effect of the above on T Ltd?
What would be the effect of T Ltd charging John for the
private fuel?
If John is not charged for the private fuel then T Ltd can
reclaim input VAT of £200 (1,200 × 20/120) and will have to
account for output VAT of £56 (338 × 20/120) based on the
scale charge.
If John is charged £240 (1,200 × 20%) for the private fuel
then T Ltd will reclaim input VAT of £200 and will have to
account for output VAT of £40 (240 × 20/120) based on the
charge to John.
Registration
• A trader becomes liable to register for VAT if taxable supplies over
a 12-month period exceeds £85,000 or in the next 30 days taxable
supplies will exceed £85,000.
• A trader may also register voluntarily.
• Group registration allows only one VAT return to be prepared for
the group as a whole.
• Some pre-registration input VAT is recoverable.
VAT periods
• Usually quarterly, but can be monthly or annually.
• Filing of VAT returns online and payment made electronically, by
one month and seven days after end of period.
• Basic tax point is date goods are made available or service
completed.
• Earlier tax point: if invoice issued or payment made before basic
tax point.
• Later tax point: if earlier tax point does not apply and invoice issued
within 14 days after the basic tax point.
• Bad debt relief available for debts over six months old.
Valuation of supply
• VAT is calculated on actual amount paid if discount offered for
prompt payment.
Nature of question
Exam details
VAT liability Specimen B26
VAT on fuel Specimen B27
Further aspects
of VAT
Special
Tax invoice Penalties Imports/Exports schemes
Default Common
Default interest
surcharge penalty
Annual Cash
Flat rate
accounting accounting
Default surcharge
• If taxable person submits a late return, or submits a return
on time but makes late payment of the VAT due.
• Written notification of a default (surcharge liability notice)
will be given to a taxpayer after the first default (ie first late
payment/return).
• Once issued it remains in force until the taxpayer has not
been in default for 12 months.
1st default 2%
No surcharge if < £400
2nd default 5%
3rd default 10% (but not less than £30)
4th and subsequent defaults 15% (but not less than £30)
VAT
PAID LATE LATE ON TIME LATE
RETURN
SUBMITTED LATE LATE ON TIME LATE
Default interest
• Default interest is charged on unpaid VAT if:
―HMRC raise an assessment of VAT
―Trader makes a voluntary payment before assessment
is raised
• Runs from the date the VAT should have been paid to the
actual date of payment.
• Cannot run for more than three years before the
assessment or voluntary payment.
(1) What is the VAT liability if K Ltd does not use the flat
rate scheme?
A £11,800
B £14,160
C £11,613
D £14,443
C £11,613
Output VAT £
84,900 85% 20% = 14,433
Input VAT
14,100 20% = (2,820)
VAT payable 11,613
(2) What is the VAT liability if K Ltd does use the flat rate
scheme?
A £9,339
B £11,207
C £10,927
D £8,107
C £10,927
Using the flat rate scheme
(84,900 85% 1.20) + (84,900 15%) 11% = 10,927
Zim uses the flat rate scheme to calculate the amount of VAT
payable, with the relevant scheme percentage for her trade
being 12%. The percentage reduction for the first year of
VAT registration is not available.
D £7,164
£(49,750 120/100) = 59,700 12% £7,164
Tax invoice
• There are various items of information that must be shown on a tax
invoice which is used to charge VAT.
Administration and penalties
• Default surcharge regime applies if taxable person submits late
return or submits return on time but makes late payment of the VAT
due.
• Errors may be corrected in next return if within limits.
• Default interest charged on unpaid VAT.
Special schemes
• Special schemes exist to aid businesses.
• Cash accounting protects against bad debts.
• Annual accounting simplifies the submission of VAT returns.
• Flat rate scheme makes the calculation of the VAT liability easier.
Nature of question
Exam details
Flat rate scheme Specimen A10
Default surcharge percentage Specimen B28
Surcharge notice period Specimen B29
Issue of VAT invoice Specimen B30