So now we know. For the next five years we will have a Conservative government, albeit, with a slim majority in the House of Commons.

From a tax point of view George Osborne is continuing as Chancellor and we can probably expect more of the same as he struggles to reduce the deficit, repay debt and maintain a steady increase in economic growth. No mean feat if he achieves this.

As we reported in out last posting to this blog, it is likely there will be a second Finance Bill this year, reinstating the items that were dropped from the first Bill in order to close down government business before the election.

David Cameron also promised to increase the inheritance tax threshold to £1m for married couples and civil partners. We should expect further announcements to remove the higher rate tax relief for pension contributions. Persons who are considering significant contributions to their pension this year should speak with their advisors sooner rather than later if they want to benefit from the present higher rate relief regime.

At the end of this year the present Annual Investment Allowance limit of £500,000 is due to reduce to just £25,000. Hopefully, Mr Osborne will announce a continuation of this valuable tax incentive for businesses in the next Finance Bill.

George Osborne does have an unenviable task. If he depresses economic activity, by severe cuts to government expenditure, tax payers will not be encouraged to spend and GDP will fall. Add to this the anticipated referendum on Europe and the effects of the Scottish vote, and more of the same may be an understatement…

 This posting lists a few (but not necessarily all) of the tax issues you will need to consider when you are planning a new business:

1. Get you business registered with HMRC, failure to do this can lead to penalties. If you are incorporating your business, HMRC generally pick up your business registration via their links with Companies House. But if you are aiming to be self employed, as a sole trader or in partnership, you will need to notify HMRC within certain time limits of your commencement date.
2. In similar vein, if you need to employ staff you must register as an employer with HMRC.
3. If you intend to register for VAT from the date you commence to trade you can still recover input VAT that you have paid on certain setup costs that you expended prior to the official start date.
4. If you intend to register your business for VAT could you take advantage of one of HMRC’s special VAT schemes? For example:

1. Cash accounting: pay over the VAT you have collected on your sales when you are paid by your customer, rather than when you issue your sales invoices. There are turnover limits to registration, but this option can have a significant impact on cash flow if the amounts you are owed is more than the amounts you owe.
2. Flat rate scheme: using this scheme you calculate the amount you owe as a fixed percentage of your turnover each quarter (including VAT). For smaller businesses, who do not have significant VAT inclusive costs, this scheme can produce additional profits and simplify the calculation of your quarterly returns.
3. Annual accounting: using this scheme you send in one VAT return a year instead of the usual four. Also for nine months of the year you make agreed payments on account to cover VAT due. The scheme is simple to administer, only one set of calculations per annum, and the monthly payments help to spread the cash flow impact of payments made.

5. Invest in tax planning. The UK’s tax code is one of the most complex in Europe. We recommend that you take tax planning advice before you start in business and again at certain key moments in your trading year. At the very least you should discuss your trading results with your advisor before the end of your first trading year. It always pays to see what planning options are available before you take action to implement change.

If you are about to set-up a new business please call, we offer a no obligation first appointment to prospective new clients.    

19 May 2015 – PAYE and NIC deductions due for month ended 5 May 2015. (If you pay your tax electronically the due date is 22 May 2015.)

 19 May 2015 – Filing deadline for the CIS300 monthly return for the month ended 5 May 2015.

 19 May 2015 – CIS tax deducted for the month ended 5 May 2015 is payable by today.

 31 May 2015 – Ensure all employees have been given their P60s for the 2014-15 tax year.

 1 June 2015 – Due date for Corporation Tax due for the year ended 31 August 2014.

 19 June 2015 – PAYE and NIC deductions due for month ended 5 June 2015. (If you pay your tax electronically the due date is 22 June 2015.)

 19 June 2015 – Filing deadline for the CIS300 monthly return for the month ended 5 June 2015.

 19 June 2015 – CIS tax deducted for the month ended 5 June 2015 is payable by today.

HM Revenue and Customs has secured three tribunal wins against tax avoidance schemes, protecting over £260 million in tax.

All three rulings uphold earlier judgments in HMRC’s favour at the First-tier Tribunal.

The Upper Tribunal dismissed an appeal brought by users of a scheme that sought to create artificial losses by using a combination of the employment Income and Capital Gains Tax rules on share options. The judges dismissed the appeal without needing to hear substantive arguments from HMRC, and indicated that written reasons would follow. There were 420 users of this scheme.

The Upper Tribunal also dismissed two other cases. These bespoke schemes were designed by banks to provide the users with a much higher tax-free return on their cash deposits than they could have obtained by placing funds in a normal deposit account. Both of these schemes were marketed and sold by banks some years ago for substantial fees. The court joined these two separate cases because of similarities between the schemes.

If you pay your employees a mileage rate for the business use of their personal vehicles, as long as you do not exceed the approved rates per mile, there is no necessity to report these payments to HMRC and the payment will not be treated as a taxable benefit. Employers and employees may also find the notes that follow instructive:

1. The maximum tax free rates per mile for the use of a car are: 45p per mile for the first 10,000 business miles and 25p per mile thereafter.
2. Employers are not obliged to pay these rates, but if they are exceeded the excess will need to be reported to HMRC as a benefit in kind.
3. If employers pay less than the 45p (25p) rates the employee can obtain tax relief on the difference by making a claim to HMRC.
4. Employers can reclaim the deemed VAT on the fuel elements of the mileage allowance payments by using the approved fuel rates. See table below.

 Advisory fuel rates per mile from 1 March 2015 are:

• 1400cc or less: petrol 11p; LPG 8p.
• 1401-2000cc: petrol 13p; LPG 10p.
• Over 2000cc: petrol 20p; LPG 14p.

 Diesel rates are:

• 1600cc or less: 9p
• 1601-2000cc: 11p
• Over 2000cc: 14p

 Example:

 David is paid for a 200 mile business trip at 30p per mile (his annual business mileage claims are well below the 10,000 maximum). He runs a 1500cc petrol car. He can make a claim to HMRC to deduct £30 mileage allowance from his taxable pay (200 x 15p).

 His employer can recover VAT input tax on the fuel element (200 x 13p) x 1/6 = £4.33.

 If you would like help to make back-dated claims to recover VAT if you are an employer; or make a claim if you are paid less than the 45p (25p) rate, please call for further advice.