Exchequer Weblog

The cycle to work scheme allows employers to lend cycles to their employees tax-free, and in some cases the employees can purchase the cycle at the end of the loan period. However, the Taxman is looking carefully at abuses of this scheme…

• Some employers treat the loan of the cycle to employee as part of the employee’s salary and reduce their cash wages proportionately. This is known as a salary sacrifice, and the arrangement must be agreed with the relevant employee in advance. If cycles are only provided to employees under salary sacrifice arrangements the whole cycle to work scheme may lose its tax exemption, as some employees cannot have their cash pay reduced due the National Minimum Wage rate rules.
• It is quite common for the employee to purchase the cycle from the employer at the end of the loan period. However, the Taxman says that where there is an automatic transfer of the cycle to the employee at the end of the loan period, the tax exemption for the cycle to work scheme is also lost.

The summer is here and the exams are over, so many young people will be leaving school or college this month to take their chances in the jobs market. It is a daunting prospect; trying to cope with the tax and benefits systems for the first time.

If your child is in this position you could point them towards the HMRC web site designed for 16 to 19 year olds:
http://www.taxmatters.hmrc.gov.uk; it covers topics such as NI and how the NI number is important, what is PAYE and self-assessment. There are also quizzes and a teacher’s area including materials teachers can use to explain tax to different age groups of students.
Also, as a parent, you may need to tell HMRC that your child is no longer in full-time education.

Compulsory online filing for VAT returns is here. The first period for which an established business with a turnover of £100,000 or more is required to submit their VAT return online is the quarter ending 30 June 2010. That VAT return is due in by midnight on 31 July 2010. In fact as the VAT return is submitted online the submission date is stretched to 7 August 2010, although a VAT repayment claim must still be received by 31 July.

Businesses who always receive VAT repayments can ask to complete monthly VAT returns, in which case the first period for which they must submit their VAT return online was 30 April 2010.

Once you start to submit your VAT returns online you will no longer receive a paper form from the VAT office, or any type of paper reminder so the onus is on you to file within the required dates.

Some VAT registered businesses make sales that are exempt from VAT as well as sales that are subject to VAT at the standard, lower or zero rate. For example, estate agents receive commission on selling houses (VAT at standard rate), and commission on selling financial products (exempt from VAT). Such businesses are referred to as partially exempt as they can only reclaim the VAT on that part of their purchases (input VAT) which relates to the VAT-bearing sales.

Working out how much VAT such a partially exempt business can reclaim can be complex, particularly if the VAT-exempt sales are a small part of the whole business. In this case the VATman does allow the business to reclaim all of their input VAT if it can pass one of three tests (called the de-minimis tests). Before 1 April 2010 there was only one test

You may have recently received a letter from the VATman that officially notifies your company or business to file its VAT return online, or face penalties.

If your business had a turnover of £100,000 or more in the year ending 31 December 2009 you are legally required to file your VAT returns online, rather than as a paper form, for all periods beginning on or after 1 April 2010. So you can file your VAT return for the quarter to 31 March 2010 on paper, but VAT returns for later periods must be submitted online.

If you don’t agree that your turnover was £100,000 or more in the year to 31 December 2009, you need to appeal against the VATman’s decision within 30 days of the date of his letter. If you want your accountant or bookkeeper to submit your VAT returns online on your behalf he/she will need that letter as it contains some key details for the registration process.

One of the easiest ways to step into the world of business is to acquire the right to operate a franchise. To do this the franchisor, (the person providing the franchise), and the franchisee (the person who is to run the franchised business), will sign a franchise agreement.

A typical franchise agreement will cover various matters each with different tax effects such as:

• - the right to operate the franchise for a period, often at specified premises or within a defined geographical area;
• - initial services, such as advice on site selection and staff recruitment, training and assistance with the management of the unit;
• - ongoing services including marketing, advertising, updating of the franchise and provision of stock and plant.

The grant of the right to operate the franchise and the provision of initial services will normally be covered by a lump sum payment from the franchisee. Ongoing services will be charged for by means of a periodic fee, paid monthly or weekly. Stock and plant items will usually be charged for as required by the franchisee.

The Taxman views the right to operate the franchise as an intangible capital asset. Where the franchisee is a company it can claim the cost of this intangible asset in its accounts, spread over an appropriate period. However, a franchise business operated as a sole trader or partnership will NOT generally get a tax deduction for the cost of an intangible asset. However, where the intangible asset includes know-how relating to industrial processes, mining, agricultural or forestry, the payment can qualify for capital allowances. Both incorporated and unincorporated businesses can claim capital allowances covering the cost of industrial know-how.

Amounts paid for on-going services will be treated as operating costs of the franchise business, and will be tax allowable in all cases. Items of plant will normally qualify for capital allowances, which will give a 100% allowance for the first £50,000 of plant purchased each year.
The tax treatment of the sums payable by the franchisee and received by the franchisor will not necessarily mirror each other. Similar items may also attract different tax treatment under different franchise agreements, it largely depends on the individual circumstances of the deal. In all cases the amounts paid need to be allocated against the different goods, services, and rights provided for under the franchise agreement to determine the correct tax treatment.

If your income has dropped in the current tax year, perhaps because your business has made a loss, or your company can’t afford to pay you a salary, you could be eligible to claim tax credits or other state benefits. The Tax Office is actively encouraging people to check whether they would be eligible to claim working or child tax credits, and has included an interactive questionnaire on its website to help you decide, see: www.hmrc.gov.uk/taxcredits/start/who-qualifies/overview/quick-questionnaire.htm

The questionnaire does not cover complex claims such as where a member of the family has a severe disability, but it will cover most situations. Remember a claim for tax credits is based on your family’s total income, so you need details of your partner’s or spouse’s income as well as your own.

If you are aged 60 or over, you may be eligible to claim pension credit from the Department of Work and Pensions (not the Tax Office). You don’t have to be retired to claim pension credit, just aged 60 or more. Like tax credits your claim is based on your income as a couple, not just your income alone. If you have savings of over £10,000 these are also taken into account. This savings threshold was £6,000 until 2 November 2009, which excluded a lot of people from qualifying for this benefit.

If you find you are eligible for pension credit or tax credits, you should check whether you could receive help to pay council tax or housing benefit. Claims for both of these benefits now ignore any income received by the family as child benefit.

In these troubled times the failure of one business can have a knock-on effect on its suppliers. If one of your customers goes down you need to quantify the bad debts created by that failure as soon as possible.

Say your accounting year end is 30 June 2009, and one of your customers fails in October 2009 leaving the sales invoices it received in April, May and June all unpaid. Where it is clear that you will not receive payment from the liquidators or administrative receivers of that business for those sales invoices, you can include the bad debt built up between April and June 2009 in your accounts to 30 June 2009. This applies as long as your June 2009 accounts have not been finalised by the time you receive confirmation of the bad debt. Any sales made to this customer between July and October 2009 will need to be written off in your accounts to 30 June 2010.

This is a clear example of business failure, but bad debts can also arise where your customer is still trading. Before your accountant finalises your accounts to submit them to the Tax Office or to Companies House, he/she needs you to undertake a thorough check of all your sales debts. Where you can identify specific debts that are unlikely to be paid, and you have made every effort to recover the money due, those amounts need to be written off in your accounts. This will reduce your taxable profits, and avoid you paying tax on money you are very unlikely to receive.

VAT on bad debts can only be reclaimed six months after the due date for payment for the invoice. You must also pay over the VAT due to the VATman before it can be reclaimed. If you use the cash accounting scheme for VAT you automatically get relief for unpaid sales debts, as you do not account for the VAT due until the sales invoice is paid. Any business with a turnover of under £1.35 million can join the cash accounting scheme.

From 1 October 2009 tips, gratuities, and services charges cannot form part of the national minimum wage of your staff who receive those payments. This applies even if the service charge is a compulsory part of the customer’s bill. The Tax Office has reissued leaflet E24: Tips, Gratuities, Service Charges and Troncs to explain this point clearly.

If tips are paid directly to your staff by the customers, those employees should declare the amounts they receive in tips to the Taxman on their personal tax returns, but you don’t have to worry about the tax situation. Where the tip is paid to you as the employer, perhaps as an additional amount on the credit card bill, and you decide how to distribute the total tips pool (known as the tronc), among your staff, you must deduct both PAYE and NICs at the relevant rate for each employee.

Where someone else manages the tronc, perhaps the manager who is not the employer, that manager must deduct PAYE but not NICs from the payments of tips to staff. Please talk to your accountant if you uncertain about how to handle tips paid to your staff.

The property markets in all sectors have been through terrible times lately. A number of businesses, which were set up in the good times to invest in let property for the long term, have been forced to sell some properties to generate enough funds to cover costs.

Where the property investment business starts to develop properties for sale, rather than keeping them for long term letting, the business has started a trade of property development. In this case where a property, previously held as an investment, is transferred to the “stock pile” as stock ready to be sold, the property must be treated as if it had been sold at its open market value at that point. This can create a capital gains tax charge, or a capital loss, before the property has actually been sold.

To avoid this difficulty the business owners can make an election to treat the value of the property when it enters the stock pile, as the value when it was acquired by the business. Any gain or loss will then only arise when the property is sold by the business. This election must be sent to the tax office within two years of the end of the accounts year for a company, or by the first anniversary of 31 January following the tax year end for an unincorporated business.

The advantage of making this election is that the loss, if one arises, becomes a trading loss made on the sale of stock by the business rather than a capital loss. Generally a trading loss can be set-off against a wider range of income than a capital loss. However, to use this trading loss the Taxman will have to be convinced that the property business has actually started a trade of property development, and is not simply selling off its surplus investments.

This can be a very difficult area and full advice is essential so please contact your financial adviser asking for advice in your own circumstances.