Significant
points and further information
| Business Tax | |
Income tax allowances increased in line with inflation.
Rates of income tax unchanged, but 10% band widened slightly.
Increases in support for working families on lower incomes and those with children.
No major changes to Inheritance Tax.
Confirmation of proposals to introduce new tax relief for companies on investment in shareholdings, research and development and intellectual property..
TAX RATES AND ALLOWANCES (click on link to go straight to Personal Income Tax Table)
The following changes apply from 6 April 2001:
personal allowances and the threshold for higher rate tax increased by inflation
widening the band within the 10% “starting rate” applies from £1,520 to £1,880.
The rates of tax are unchanged. The benefit of these changes is in the region of £283 for a higher rate taxpayer. The benefit is much smaller for a person on lower income, but is likely to represent a larger share of that person’s tax bill.
The overall effect is complicated by the different rates which now apply to dividends, interest and other income, and unfortunately the Chancellor has done nothing to simplify the calculation of tax. The Inland Revenue’s form to “help” with the calculations ran to 26 pages of little boxes for 1999/2000, and it is not easy to see how it can be made shorter without more radical changes to the system.
The CTC is a
new relief introduced from 6 April 2001,although it was announced two years in
advance as a delayed replacement for the abolished married couple’s allowance.
It is a complicated allowance, but its main features are:
£520 for a taxpayer supporting a child up to the age of 16
allowance reduced by 10p for every £1.50 of income on which the claimant pays tax above the basic rate (if income exceeds allowances by £29,400)
where a couple together support the child, the earnings of the higher earner are used to calculate this reduction
This will be a welcome relief for those who do not have to consider the complicated calculations involved in reducing the relief. It could be argued to be harsh to those couples where one works and earns in excess of £37,200 (no CTC), in comparison with another couple where each works and earns half as much (full CTC).
Mr Brown
announced one new measure relating to CTC: for the first year of a newborn
baby’s life, the value of the CTC is doubled to £1,040. This means that it will be available to a parent with a higher income,
because the higher figure will not be fully withdrawn until total income exceeds
allowances by £45,000. This
measure does not take effect until April 2002.
OTHER
MEASURES FOR FAMILIES
In addition to the introduction of the CTC (which is part of the claimant’s tax computation), the Chancellor announced:
increase in child benefit (which remains a direct cash payment) to £15.50 pw, still tax-free and universal
increase in statutory maternity pay from £60 pw to £100 pw over two years.
increase in the period of entitlement to maternity leave from 18 weeks to 26 weeks.
introduction of 2 weeks’ paid paternity leave at £100 pw in 2003
increase in the Working Families Tax Credit so that the minimum earnings taken home by those entitled will be £225 pw
increases in the childcare tax credit within WFTC to £135 pw for one child and £200 pw for more than one child.
All these measures are intended to encourage those with children to re-enter the workplace. However, some employers have complained that the burden of administering WFTC falls on them, and this burden does not encourage the employer to take people on.
Last year’s
pension increase of 75p per week was a public relations disaster for the
Government, even though it was generated by the Government’s success in
keeping inflation down – which benefits those on fixed incomes.
The Chancellor had already announced that pensions will increase in April
by £5 per week for a single pensioner and £8 per week for a couple, well above the rate of
inflation, but last year’s figures have alerted many pensioners to the power
of their lobbying and voting strength.
Accordingly, Mr Brown tried to include measures that would appeal to pensioners, but not go as far as a promise of a substantial increase in the basic pension or a restoration of the link to average earnings. Instead, there was a promise that the tax-free personal allowances will be up rated in future in line with average earnings, which is attractive, but is not quite the same thing. There were also promises of a new “pensioner’s tax credit” to come in April 2003, but that is two more Budgets away.
COMPANY CARS (click on link to go straight to
Benefits in Kind Tables)
The car benefit
rates and rules remain the same as for 2000/01, and are still based on the list
price of the car and the level of business mileage done during the year.
However, new
rules will come into force on 6 April 2002, which will ignore the level of
business mileage, and will instead relate the taxable benefit only to the
“carbon dioxide emissions rating” of the vehicle. There is a complicated formula for this, but the resulting benefit will
still be between 15% (low emissions) and 35% (high emissions) of the list price
of the car. It is almost inevitable
that many of those who currently suffer the 15% rate (because they drive over
18,000 business miles a year) will see a doubling of the tax they pay on their
car (because cars which are suitable for this mileage are likely to have larger
engines).
The fixed
charges on the provision of free or subsidised fuel for private motoring have
gone up again at more than the rate of inflation – a 13% increase.
The big rises in recent years were intended to encourage more
people to buy their own fuel, which was intended in turn to make them use less
of it; but fuel has become so expensive that the tax charge on free fuel may now
represent “good value” once again. It
is worth checking the numbers to see whether this benefit should be abandoned
because the tax cost is more than the value of the fuel.
EMPLOYEE'S
OWN CARS
Employees who
use their own cars for business journeys are entitled to deduct the cost of
those journeys for their taxable income. At
present, they can claim the actual cost of running the car (based on petrol,
servicing, depreciation and so on, multiplied by the percentage of business
use), but it is easier to use the “fixed profit car scheme rates” which are
Revenue approved figures for different sizes of cars. Employers can pay these rates to employees without charging tax.
For 2001/02,
the rates will change for the first time in several years.
There is no change for cars of over 1500cc, but increases for those below
that figure. From 6 April 2002, the
rates for all cars, will be the same, and employees will no longer be able to
claim for the actual costs. It is
likely that the approved mileage will be quite generous for a smaller vehicle,
and quite mean for a large one, in line with the Government’s stated
“green” objectives.
From 6 April
2002, there will also be tax-free allowances for taking colleagues as passengers
in the same car, and increases in the rates allowed for using a bicycle for
business journeys.
EMPLOYEE SHARE SCHEMES AND OPTIONS
Last year’s
Budget introduced a new “All Employee Share Ownership Plan” (AESOP) with
significant tax benefits. Some
minor changes have been made this year to improve and simplify the operation of
such schemes, which are likely to become much more widespread in large companies
over the next few years. The most
helpful change is probably the removal of stamp duty on an employee’s
purchases of shares from the scheme.
Last year’s
Budget also introduced “Enterprise Management Incentive” (EMI) share option
plans, intended to reward and retain “key employees” in small companies.
The effective tax rate for such people on the profit they make on EMI
options can be as low as 10% against up to 52% on options without “tax
approval”. Further changes were
made to EMI options, in particular extending the total value of shares that can
be subject to options to £3m, and removing the previous limit of 15 employees. There is still an upper limit of £100,000 on the initial value of
options that can be held by any one employee.
A new procedure
has been announced whereby the company can ask for advice from the Revenue about
whether it meets the basic conditions for granting EMI options.
PENSION CONTRIBUTIONS
The “earnings
cap” for personal pension contributions and occupational scheme benefits is
set at £95,400 for 2001/02 (2000/01: £91,800).
The maximum contributions for different ages are set out in the table.
Very significant changes to personal pension provision come into force on 6 April 2001, as part of the introduction of “stakeholder pensions”. Some of the main features are:
all contributions will be paid net of basic rate (22%) tax, advancing the tax relief for the self-employed.
carry forward of unused relief will be abolished from 2001/02, so one year’s relief has to be used in that year or lost.
carry back of personal pension premiums from 2001/02 to 2000/01 requires the premium to be paid by 31 January 2002 (2000/01 to 1999/2000: by 5 April 2001).
it will no longer be necessary to have “relevant earnings” to enjoy tax relief on a personal pension scheme – nearly anyone will be able to have a pension scheme, with maximum contributions of £3,600 pa (those with relevant earnings will continue to have a maximum based on the level of those earnings if they want to pay over £3,600pa).
those with relevant earnings will be able to use earlier years’ figures (the best of the last five years, or the current year) to justify a current premium, which will be useful if the profitability of the business fluctuates or the trader takes a career break.
The maximum
level of investment in tax free ISA's has been confirmed at £7,000pa for at
least the next 5 years. The limit
had originally been intended to fall to £5,000 after the first year of the
scheme. There is still a maximum of
£3,000 for a “cash ISA” and £1,000 for a “life insurance ISA”.
CAPITAL
GAINS TAX (click on link to go straight to
Capital Gains Tax Table)
ANNUAL EXEMPTION AND TAX RATES
The annual
exemption for individuals has been increased for 2001/02 to £7,500 (2000/01: £7,200). The annual exemption for most trusts rises to £3,750 (2000/01: £3,600).
The rate of CGT
is found by adding taxable gains to taxable income and charging at the
“marginal rate for interest income” (10%, 20% or 40%).
TAPER RELIEF
Taper relief reduces the gain charged to CGT according to the length of time for which an asset has been owned. “Business assets” enjoy much higher and faster tapering than “non-business” assets. Last year, shares held by employees in their employing companies were added to the list of business assets from 6 April 2000, as long as the company was a “trading company”. The “trading” condition has been removed, with effect from the introduction of the new rules on 6 April 2000, unless the employee owns 10% or more of the shares in the company. This not only increases the taper relief for some employees but it removes the requirement for all employees to find out if their employer qualifies.
Unfortunately, there has been no retrospective change to allow business assets taper relief from the commencement of the new CGT regime on 6 April 1998. The existence of a “non-business period” for employees of quoted companies, from April 1998 to April 2000, makes the calculation of gains extremely complicated. It appears that the Government has not listened to appeals to simplify this rule.
Up to this Budget, trustees have been allowed the business assets taper rate on shareholdings in qualifying companies, and on assets used in a business they run, but not on assets used by a partnership in which they participate. This is being amended to allow trustees trading in partnership to enjoy business assets taper.
OFFSHORE
CLOSE COMPANIES
Where a UK resident owns shares in a closely-controlled foreign company, gains realised by the foreign company can be charged to CGT on the UK resident. In the past, this charge did not apply if the shareholder owned 5% or less of the company. This is being increased to 10%.
RATES (click on link to go straight to Stamp Duty Tables)
There have been no increases in the rates of tax, and no repeat of the long list of anti-avoidance measures that have featured in recent Budgets. Measures have been announced to reduce or remove stamp duty on:
purchases by an employee from an All Employee Share Ownership Plan.
purchases of unit trusts and open ended investment company shares within an Individual Pension Account.
purchases of properties in “deprived areas”.
INHERITANCE TAX (click on link to go straight to IHT table)
The Inheritance Tax threshold is increased to £242,000 from 6 April 2001 (2000/01: £234,000). At this level, according to the Chancellor, 96% of estates do not pay the tax. These include many larger estates where careful planning has been undertaken – IHT remains a tax for the unprepared rather more than the wealthy.
Apart from that, there were still no significant changes to IHT – a constant surprise in all of Gordon Brown’s Budgets, because this tax more than any other was an “Old Labour” levy which was made much less serious by 18 years of Conservative government.
CAPITAL
ALLOWANCES
Enhanced capital allowances at 100% are introduced to encourage certain types of desirable expenditure:
renovation and conversion of flats over shops (allowance available to landlords)
expenditure on certain types of energy-efficient plant and machinery.
In addition, a 150% deduction (effectively, a grant) will be given to businesses carrying out decontamination work on contaminated land after Royal Assent to the Finance Bill.
LIMITED
LIABILITY PARTNERSHIPS
Limited liability partnerships are a new type of business vehicle which are available under new legislation from April 2001. The Budget confirms that their profits will be charged to income tax in the same way as an ordinary partnership, rather than being charged to corporation tax.
BUSINESS GIFTS
The cost of gifts is generally not allowed in computing a trader’s taxable profits. There is an exception for advertising gifts, such as calendars and diaries, where the cost is below a set level. This has been £10 for many years, but is raised to £50 with effect from 1 April 2001 for companies, and for the tax year 2001/02 for income tax traders.
CORPORATION TAX (click on link to go straight to Corporation Tax Table)
TAX RATES
No changes have been made to the rates of corporation tax, which remain 10% for profits up to £10,000, 20% for profits up to £300,000, and 30% for profits over £1.5m.
ACCOUNTING FOR INCOME TAX
For many years, companies have had to deduct income tax from certain payments that they make, unless the recipients are members of the same group of companies. Such payments include annual interest and royalties. This “withholding tax” will be abolished from 1 April 2001 where the recipient is within the charge to UK corporation tax. This means that a payment to any other UK company should be made gross, while payments to individuals and foreign companies should still be made net in most cases. It will be for the company to take appropriate steps to check that the recipient is eligible for gross payment.
SUBSTANTIAL SHAREHOLDINGS
Companies have in the past been charged to corporation tax on gains they make on the sale of all shareholdings in other companies, including subsidiaries, without any relief for the cost of buying new subsidiaries. A new relief is to be introduced which will allow companies to “roll over” the gains on the sale of substantial shareholdings into the acquisition of other assets. This has been the subject of consultation over the past year, but further consultation has now been announced before the new scheme is finalised.
DOUBLE TAXATION
RELIEF
One of the most controversial business measures last year was the reform of double taxation relief for international groups of companies. The rules were opposed strongly by “big business”, and have been revised several times in advance of their delayed implementation on 1 April 2001. Further amendments were announced as part of the Budget, apparently improving the relief to companies, but giving very little time to understand them before they come into effect.
REGISTRATION THRESHOLDS
From 1 April 2001, the level of taxable turnover at which a business is required to register for VAT increases by £2,000 to £54,000 pa, which is much greater than the level in any other European state (several require registration for any taxable activity at all).
The level of predicted future turnover at which a business can deregister also rises by £2,000 to £52,000 pa.
BUSINESS
GIFTS
If a business buys goods for business purposes and claims back the VAT, and then gives the goods away so there is no output VAT charge on the sale, it is required to account for VAT on a “deemed sale” if the goods cost more than a set level. This is increased from a VAT-exclusive cost of £15 to £50 with effect from 8 March 2001.
SCHEMES FOR SMALL BUSINESSES
“Small businesses” are allowed to use two “simplified schemes” for VAT:
cash accounting (paying VAT to Customs only when customers have paid the trader), which is very commonly used by small businesses
annual accounting (making only one return a year and making regular payments on account), which is relatively rare.
The size of business which can use these schemes is increased to any business with taxable turnover of up to £600,000 pa, with effect from 1 April 2001. The limit for cash accounting was formerly £350,000 pa, and the limit for annual accounting was £300,000 pa. Once using the schemes, it will be possible to stay within them until turnover exceeds £750,000 pa.
A consultation will be undertaken to consider the introduction of a “flat rate scheme” under which traders with a turnover of up to £100,000 pa will account for a fixed rate of VAT, rather than accounting for 17.5% on all their sales and claiming the VAT actually incurred on their expenses. This is likely to be of interest to many small businesses, as long as the flat rate makes sufficient allowance for the input tax they give up. The existing flat rate scheme for farmers has not proved very popular because it is not sufficiently attractive.
URBAN
REGENERATION MEASURES
With effect from Royal Assent to the Finance Bill, VAT will be cut from the standard rate of 17.5% to the lower rate of 5% on a number of types of building work, with the intention of regenerating run-down inner city areas:
renovating dwellings that have been empty for 3 years or more.
converting residential property into a different number of dwellings.
converting non-residential property into a dwelling or a number of dwellings.
converting a dwelling into a care home or into a house in multiple occupation.
With effect from 1 August 2001, zero rating is extended to the sale of renovated houses which have been empty for 10 years or more. This means that a person carrying out the renovation can recover VAT on all costs, without having to pass the VAT on the purchaser.
It appears that European law did not allow repairs to churches to qualify for the 5% rate. However, a grant is to be introduced to have the same effect – to make up the difference between the 17.5% VAT suffered by the church on carrying out the repairs, and the amount that would have been paid at 5%.
replacement of betting duty with a profit tax for bookmakers.
introduction of a climate change levy from 1 April 2001, with a small cut in employer’s NIC to compensate.
freezing most excise duties, including vehicle excise duty and alcohol, with only an inflationary increase in tobacco.
AUTHORISED BY THE INSTITUTE OF CHARTERED ACCOUNTANTS IN ENGLAND AND WALES TO CARRY ON INVESTMENT BUSINESS