Archive for June, 2024

6th July 2024 – a potential deadline for company car drivers

Thursday, June 27th, 2024

Our new government will be in place by the 4th of July 2024, two days old on the 6th of July, unless there is an unexpected draw, and a re-run is required.

But the 6th is a deadline that company car drivers would be wise to note.

Does your employer pay for private fuel?

If the answer is yes then you are potentially liable to be taxed for the use of the company car and for the benefit of your employer paying for your private fuel. The way the taxable benefit is calculated is set out below.

How is the Car Fuel Benefit Charge calculated?

For the tax year 2023-24, the Car Fuel Benefit Charge is based on the figure £27,800 multiplied by the benefit in kind banding for your car.

For example: A BMW 330e has a BiK band of 12%. So, £27,800 x 12% = £3,336. If you are a 20% taxpayer, multiply £3,336 by 20% to get the annual tax amount of £667. A 40% taxpayer would pay £1,334 per year (£3,336 x 40%).

The problem with this calculation is that the tax charge is unrelated to the actual private mileage you cover in a year.

How to reduce your tax liability

HMRC are willing to cancel any liability for private fuel provided by your employer if you repay your employer for the cost of the private fuel.

To achieve this, you will need to:

  • Calculate your private mileage for the year to 5 April 2024; and
  • Multiply this mileage by the advisory car fuel rate for your company vehicle.

The BMW 330e has a 2.0 litre petrol engine. For 2023-24 the average advisory car fuel rate for that sized petrol car was approximately 13p per mile. Let’s say the private mileage for the year was 2,000 miles. To repay the private fuel to their employer would cost the driver £260 (2,000 x 13p).

The £260 payment is much lower than the tax charges – £667 for a standard rate taxpayer or £1,334 for a higher rate taxpayer.

Crunch the numbers

The key is to make the calculations and see if a repayment of private fuel is lower than the tax charge.

And we can help. But don’t forget, any repayment must be made by 6th July 2024.

More protection if buying online

Tuesday, June 25th, 2024

The Digital Markets, Competition and Consumers Act has become law after receiving Royal Assent.

The Act paves the way to give consumers rights across the UK, with greater control and clarity over online purchases.

It does this by requiring businesses to provide clearer information to consumers before they enter a subscription contract, remind consumers that their free trial or low-cost trial is coming to an end, and ensure consumers can easily exit a contract.

Unavoidable hidden fees will also need to be included in the initial cost or clearly illustrated at the start of the purchasing journey. This will ensure consumers are clear from the offset about what they are spending.

The Digital Markets, Competition and Consumers Act will also give new tools to the Competition and Markets Authority (CMA) to address the challenges to competition in digital markets.

These tools will allow the competition regulator to set tailored ‘conduct requirements’ which require a powerful tech company to change the way it operates if it is not treating users fairly. These rules could give consumers the room to freely choose the services they use or stop companies from withholding information consumers need to make good decisions.

The Act also gives the regulator powers to intervene and direct a firm to change its behaviour to boost competition – whether that is to benefit people using smartphones or businesses dependent on cloud services.

The Act gives new powers to the CMA to closely monitor road fuel prices and report any sign of malpractice to the government.

Only a handful of the most powerful global technology companies will be subject to these new rules if, following an investigation, they are deemed to hold ‘strategic market status’.

If companies fail to comply with decisions made by the CMA, they could be subject to fines reaching tens of billions of pounds. These fines and other measures will be balanced by rigorous checks and balances.

Tax when selling your home

Thursday, June 20th, 2024

According to HMRC, you would normally have to pay Capital Gains Tax (CGT) on any gain you make if you dispose of:

  • a dwelling house (which can include a house, flat, houseboat or fixed caravan) which is your home;
  • part of a dwelling house which is your home; or
  • part of the garden attached to your home.

However, you will be entitled to full relief, no tax to pay, where all the following conditions are met:

  • the dwelling house has been your only or main residence throughout your period of ownership;
  • you have not been absent, other than for an allowed period of absence or because you have been living in job-related accommodation, during your period of ownership;
  • the garden or grounds including the buildings on them are not greater than the permitted area; and
  • no part of your home has been used exclusively for business purposes during your period of ownership. Working from home using a room that is also used for non-business purposes will not prevent entitlement to full relief.

The last point is worth further consideration. If you use part of your home as a dedicated business space, an office for example, then HMRC would seek to treat any profit on the sale of this business part of your home, as taxable under the Capital Gains Tax regulations.

The point to underline here is the word “exclusivity”.

If you can argue that you use the room as an office and a personal storage space, or as an office and as a room where the children complete their homework, then this duality of use should be enough to avoid loss of private residence relief (PRR).

If you are about to sell your home and you have any doubts about the use of your home in the past, that may compromise a claim for PRR, please call so we can help you consider the facts and advise you of any tax consequences.

Gender Pay Gap Reporting obligations

Tuesday, June 18th, 2024

The full details of which organisations are required to report on gender pay gap data are published by the Government Equalities Office. The latest statutory guidance was updated 9 January 2024.

An abstract of the definitions of who needs to report is set out in statutory guidance at https://www.gov.uk/government/publications/gender-pay-gap-reporting-guidance-for-employers/who-needs-to-report.

The opening summary is reproduced below:

“Any employer with 250 or more employees on a specific date each year (the ‘snapshot date’) must report their gender pay gap data.

If you have to report, you must report and publish your gender pay gap information within a year of your snapshot date. The snapshot date is 31 March for most public authority employers, and 5 April for everybody else.

You must do this for:

  • each year that you have 250 or more employees on your snapshot date; and
  • each separate ‘legal entity’, if you are part of an organisation or group with more than one legal entity.

If you have fewer than 250 employees on your snapshot date, you can still report if you would like to.

This guidance does not apply to Scottish or Welsh public authorities – there are different regulations for Scotland and Wales.

Your ‘headcount’ is of the number of individual employees you have, not full-time equivalents.

You must include these types of employees when calculating your headcount:

  • people with a contract of employment with you, including if they work part-time, job-share or are on leave;
  • some self-employed people, if they must perform the work themselves – that is, they are not permitted to subcontract any part of the work or employ their own staff to do it; and
  • partners on a salary, or limited liability partnership (LLP) members who you treat as employees for payroll purposes.

Include part-time workers and people job-sharing in your headcount and your gender pay gap calculations.

Each part-time worker counts as one employee when working out your headcount.

Every employee within a job-share counts as one employee. For example, if 2 people job-share, they count as 2 employees in your headcount.

If an employee has more than one job with you, you can count them either as one employee or according to how many employment contracts they have.

Choose the best approach for your organisation, but your data will be more accurate if you are consistent.”

Competitive disadvantages

Thursday, June 13th, 2024

The new Economic Crime and Corporate Transparency Act mandates that small companies and micro-entities will have to file at Companies House accounts, that for the first time, will need to include a profit and loss account.

Apparently, there is concern that a registered, smaller concern has not previously been required to file reports that disclose its turnover.

The form and detail of the profit and loss figures that will need to be filed have not yet been published and this change will require secondary legislation.

We will be keeping a close eye on these changes as many of the small company owners we act for may be dismayed by this apparent breach of their financial confidentiality. Allowing public access to profit and loss details may mean that major customers of companies will be able to see how much they contribute to their suppliers turnover. This may provide an opportunity to squeeze prices that will disadvantage the smaller concern.

The profit and loss disclosure may also expose to public view detailed costs including the remuneration of directors.

This particular change is part of a raft of new regulations that will be enacted by Companies House. In a recent announcement the Department for Business and Trade reported:

“The Department for Business and Trade has published a progress report on the implementation and operation of parts 1 to 3 of the Economic Crime and Corporate Transparency Act 2023.

“The act, which received Royal Assent in October 2023, seeks to address the threat of illicit finance while continuing to make it easy for legitimate commerce to do business.

“Parts 1 to 3 of the act cover:

  • reforms of Companies House processes and new statutory functions and objectives for the Registrars of Companies
  • reforms of the laws that apply to limited partnerships
  • new provisions relating to the Register of Overseas Entities, which was introduced by the Economic Crime (Transparency and Enforcement) Act 2022

“Companies House delivered the first phase of reforms on 4 March 2024. This covered the systems, process and organisational change needed to operate the new registrars’ objectives and powers and new legal requirements for companies.

“The Department for Business and Trade will make progress reports to Parliament on the implementation and operation of parts 1 to 3 of the ECCT Act every 12 months until 2030.”

We will post more information on the specific change to profit disclosure as soon as the secondary legislation is published.

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