Significant points and further information

SPRING BUDGET 2003

Significant points

Stamp Duty

Personal Income Tax

Inheritance Tax

Tax Credits

Business Tax

Pensioners

Corporation Tax

Employees

Value Added Tax

Savings

Other Measures

Capital Gains Tax

SIGNIFICANT POINTS

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PERSONAL INCOME TAX

TAX RATES AND ALLOWANCES (click on link to go straight to Personal Income Tax Table)  

As announced last year, the main personal allowance is frozen, instead of increasing in line with inflation as normal. This effectively leads to a tax increase for anyone whose income has risen over the last year. The 10% and 22% bands have been increased by inflation. 

The allowances for those aged 65 and above have been increased by more than the rate of inflation, representing a tax reduction.

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TAX CREDITS 

The new system of Tax Credits became effective on 6 April 2003. Working Tax Credit (WTC) and Child Tax Credit (CTC) replace the previous systems of support for people on low incomes and people with children. The new credits are paid to claimants, rather than being an automatic adjustment to tax liabilities. Claims are made based on the joint income of a couple. 

WTC will be given to employed and self-employed people. It includes an element for childcare costs (up to 70% of £200 pw), and is tapered away as income increases.  

CTC has elements for each child and for “the family”. This basic credit (£545 pa) will be paid to claimant couples with income of up to £50,000, and some entitlement will still be due on incomes up to £58,000 (£66,000 in the year a child is born).  

For a family with substantial childcare costs, support of about £3,000 can be available even on an income of £35,000, significantly reducing the tax burden. 

TAX TRAP! 
Tax Credits depend on making a claim, which can only be backdated by 3 months. To establish entitlement from the start of the new system, a form has to be submitted by 5 July 2003. 

CHARITABLE GIVING 

As announced last year, a new simplified procedure is to be introduced for assigning tax refunds direct to a charity and claiming Gift Aid relief. However, this will only take effect for 2003/04 tax returns issued in April 2004.

SUPPORT FOR CARERS 

From 6 April 2003, new rules will apply to financial support given to adopters and foster carers. Adoption allowances will be exempt from tax, and receipts from foster care will only be taxable if they exceed a limit which varies according to the number of children cared for. 

NATIONAL INSURANCE CONTRIBUTIONS (click on link to go straight to National Insurance Contribution Tables) 

The Chancellor announced in April 2002 the increases which took effect on 6 April 2003, so he did not have to repeat the bad news this year.  At least, no further increases were announced, as some people had predicted. 

Employees and employers will each pay an extra 1% of salary over £4,615 in 2003/04, and self-employed will pay an extra 1% on profits over the same level.  Employees will see the increase on their April 2003 payslip, while the self-employed will only suffer it when paying the 2003/04 tax on 31 January 2005. 

Because of the long delay between the announcement of the increase and its arrival, a number of ways of mitigating the impact have been raised in the last year, including the incorporation of self-employed businesses and the payment of dividends (which are not subject to NIC).  There are no measures in this Budget to counter such plans, which may mean that the Government is not worried about them, or may mean that the Inland Revenue believe that existing rules can prevent avoidance unless taxpayers are very careful. 

TAX TRAP!
If the new NIC rates hurt, it’s worth looking at ways to mitigate them – take advice.

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PENSIONERS

The Chancellor referred in the speech to the new Pension Credit which will come into effect in October 2003.  As with the new Tax Credits, it is a means-tested benefit which must be claimed; some payments should be due to single pensioners with income of up to £139 a week, and to couples with income up to £203 a week.  

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EMPLOYEES

COMPANY CARS (click on link to go straight to Benefits in Kind Tables)  

The new system of emissions-based tax charges on company cars was introduced last year and continues. However, there are two changes:

TAX TIP!
Are you sure the benefit of car and fuel are worth the tax you pay?
 

PERSONAL SERVICE COMPANIES 

The “IR35” rules apply PAYE and NIC where workers provide their personal services through a company to someone who would otherwise be their employer.  Originally, only “business employers” were included, which meant that a personal service company could be a very tax efficient arrangement for employing domestic staff such as nannies and butlers.  The Budget has brought domestic staff within the IR35 rules from 10 April 2003, removing this advantage.

EMPLOYEE SHARE SCHEMES 

A number of amendments are made to the rules on share-based remuneration and share option schemes.  These do not change the basic rules for such schemes:

However, a number of helpful changes remove unnecessary tax charges, for example where an employee leaves a scheme early as a result of injury, disability, redundancy or retirement.  It will also be possible to exercise approved options more frequently than once every three years. 

HOMEWORKING 

Increasing numbers of employees are working some or all of their time at home.  This has led to disputes over deducting household expenses as “incurred in the job” – but the rules are very restrictive and few employees can claim.  The Budget will now allow an employer to pay up to £2pw to an employee, with no tax charge arising to subsidise extra costs incurred in working from home.  

OTHER CHANGES

The Budget introduces changes to a number of existing exemptions:  

TAX TIP! 
These new limits encourage generosity to employees!
 

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SAVINGS

PENSION CONTRIBUTIONS  (click on link to go straight to Personal Pension Tax Table)  

The “earnings cap” for personal pension contributions and occupational scheme benefits is set at £99,000 for 2003/04 (2002/03: £97,000).  The maximum contribution for different ages are set out in the table. 

The Government has been consulting with interested parties about another radical change to the pensions system.  Detailed proposals will be published in the summer, and may be in force as early as April 2004.  We have been assured that the new rules will preserve the right to take part of the fund as a tax-free lump sum on retirement. 

CHILD TRUST FUNDS 

One of the most striking proposals in the Budget speech is the establishment of a trust fund for every child born from September 2002 onwards.  This is intended to start with £250 from the Government (£500 for children from families entitled to the full Child Tax Credit), and parents and others will be able to contribute to it.  It appears the child will be free to spend the money on reaching 18.  Further details are to be published later.  

LIFE ASSURANCE POLICIES 

A number of detailed changes have been made to the taxation of life assurance policies, attempting to remove anomalies and loopholes.  There has been speculation that the Chancellor could take away the right to withdraw 5% tax-free each year from a policy – but this right remains unchanged, except in connection with one very specific tax avoidance scheme.  

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CAPITAL GAINS TAX (click on link to go straight to Capital Gains Tax Table)  

ANNUAL EXEMPTIONS AND TAX RATES 

The annual exemption for individuals has been increased to £7,900 for 2003/04 (2002/03: £7,700). Trustees receive half this figure (£3,950 for 2003/04; £3,850 for 2002/03), although this may be shared between trusts which have been set up by the same person. 

EMPLOYEE SHARE OPTION 

In 2002, a Court of Appeal decision (Mansworth vs Jelley) changed the Revenue’s view of the tax consequences of employees exercising share options in their employer companies. As a result, many employees have discovered that they should have reported significant losses for past years rather than gains, and the Revenue have received substantial repayment claims. The Budget changes the rules for options exercised from 10 April 2003 onwards so that these losses will no longer arise. 

TAX TIP!
If you have exercised employee share options in the last six years, there may be losses.

“SIMPLIFICATION” 

Every year, the Chancellor claims to simplify CGT, but it always seems to be more complicated. This year’s measures include:

TAX TIP!
This is good news for landlords of commercial property – lower CG
T.

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STAMP DUTY   

RATES (click on link to go straight to Stamp Duty Tables)

RESTRICTION OF SCOPE 

From 1 December 2003 Stamp Duty will only apply to transfers of land, shares and interests in partnerships.  Intellectual property and goodwill have been exempted by recent Budgets, but this change removes any other property (such as debts) from the charge.  Non-residential land will also be subject to a nil rate where the consideration does not exceed £150,000 (at present £60,000). 

LEASES
As present, duty on the grant of a lease is calculated at a percentage (between 1% and 24%, depending on the length of the lease) of the average annual rent.  It is proposed to change this to a charge of 1% of the discounted value of the total rent payable under the lease. This is likely to be significantly higher than the current charge in most cases.  This change will follow after consultation.

TAX TIP! 
If you are thinking of taking on a lease, it may be worth beating the change. 

DISADVANTAGED AREAS 

Stamp duty continues to be subject to a favourable scheme on 2,000 “enterprise areas” (details can be found on the Revenue’s website).  Non-residential property is not charged to duty at all, and residential property is only charged if the consideration exceeds £150,000.

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INHERITANCE TAX (click on link to go straight to IHT table)

The Inheritance Tax threshold is increased from 6 April 2003 to £255,000 (2002/03: £250,000).  It is estimated that only about 5% of deceased’s estates have to pay the tax (which is an increase of 1% from last year). 

The rates of tax remain unchanged at 40% for transfers on death and within three years of death, and a tapered rate for transfers over three and less than seven years before death.  The rate for transfers which are chargeable during lifetime remains 20%. 

In spite of regular predictions from professionals that the Chancellor will one day tighten up the IHT rules, there were yet again no significant changes to the tax. 

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CORPORATION TAX (click on link to go straight to Corporation Tax Table)

RATES

There were no changes to the rates of Corporation Tax for the year to 31 March 2004, which therefore remain:

Different marginal rates apply to profits between £10,000 and £50,000, and between £300,000 and £1.5m. These amounts are reduced for periods of less than 12 months, and are shared between associated companies. 

RESEARCH AND DEVELOPEMENT

Since 1 April 2000, small and medium-sized companies have enjoyed an enhanced deduction (effectively a subsidy) for qualifying revenue expenditure on research and development. A similar scheme was extended to large companies in 2002. 

The rules are to be simplified and extended, subject to agreement from the European Commission. Some of the more important changes for SMEs are:

EMPLOYEE BENEFIT TRUSTS (EBTs) 

An EBT could be used by a company to shelter profits while deferring the time at which employees pay tax – the employer treated a payment into the trust as an expense, but the employee paid tax only when the trust provided a benefit. 

This advantage has been closed down from November 2002 by denying the employer a deduction if the employee does not receive taxable income within 9 months of the payment in. 

BUSINESS TAX

CAPITAL ALLOWANCES

Small businesses which buy “information and communication technologies” (covering most computer-related hardware and software, and also some mobile phones) have enjoyed a 100% deduction for the cost since 1 April 2000. This was due to end on 31 March 2003, but has now been extended for another year. 

TAX TIP! 
Don’t assume the 100% relief will always be there – watch out next year.
 

Any business can claim a 100% allowance for plant and machinery which is within certain approved “green” categories. This year a number of water-saving technologies have been added to the list, including leak detectors and efficient taps. The equipment still has to be “used in the business” to qualify, rather than merely being part of the business premises. 

URBAN REGENERATION COMPANIES (URCs) 

To encourage contributions by businesses to new URCs, such contributions will be deductible as trading expenses for the payer. 

LLOYD’S UNDERWRITERS 

The Lloyd’s insurance market is undergoing a programme of reforms, which included moving individual underwriters from unlimited to limited liability. The Inland Revenue is reviewing the tax treatment of this change, and will bring forward measures next year to remove a number of potential tax disadvantages which might arise on the change of status.

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VALUE ADDED TAX (click on link to go straight to VAT Registration Table)

REGISTRATION THRESHOLD 

From 10 April 2003, the level of taxable turnover at which a business is required to register for VAT increases by £1,000 to £56,000. The level of predicted future turnover at which a business can register also rises by £1,000 to £54,000. 

SCHEMES FOR SMALL BUSINESSES

The flat-rate scheme, which allows small businesses to account for less output tax and not claim input tax, was introduced last year for traders with turnover of up to £100,000pa. This is increased to £150,000 with effect from 10 April 2003. 

The level at which a business can join the annual accounting scheme without already being registered for a year is also increased from £100,000 to £150,000. 

TAX TIP!
At higher turnover levels, these schemes can – in some cases – produce good savings. 

VOUCHERS 

The purchase and sale of “face-value vouchers” leads to a number of VAT anomalies.  Up to now a person buying and selling vouchers (which include some mobile phone top-up cards) has not had to account for VAT on sales, because the vouchers are treated as cash rather than services. 

From 9 April 2003, the issue of vouchers by a trader who will honour them on redemption remains non-VATable; but the sale of vouchers by anyone else becomes chargeable to VAT. 

E-COMMERCE 

The Budget includes provision which derive from European law changes to services sold over the internet. The measures are complicated, but in summary, from 1 July 2003:

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OTHER MEASURES

COMPLIANCE AND ENFORCEMENT

Once again, the Chancellor has announced that money will be raised by spending on investigations - £66 million to raise £1.6m over the next three years. It is hard to predict whether the ordinary taxpayer will notice. 

In VAT, unregistered businesses trading above the threshold which own up by September 2003 will not be charged penalties. However, they will still have to pay all the outstanding VAT in full. 

DOMICILE AND RESIDENCE 

As promised last year, the Revenue have published a review of the rules on the tax treatment of foreign domiciled and foreign resident people. Surprisingly, the document contains no specific proposals, but it does include a number of examples of anomalies that arise under the present rules. Presumably, the Revenue believe that a better system would deal with these anomalies, and proposals for change are likely to follow.

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AUTHORISED BY THE INSTITUTE OF CHARTERED ACCOUNTANTS IN ENGLAND AND WALES TO CARRY ON INVESTMENT BUSINESS