Agent Update February 2009 issue 10
Tax
Capital Allowances
Changes to Capital Allowances in the Finance Act 2008
A brief was issued inviting comments on draft guidance in respect of the Finance Act 2008 changes to Capital Allowances. The brief also drew attention to HM Revenue & Customs (HMRC) view on slurry storage facilities and the application of section 35, Capital Allowances Act 2001 to university halls of residence and similar facilities. The closing date for comments was 10 February 2009.
HMRC is considering the comments received and the final guidance on all these matters will be incorporated into the published Capital Allowances Manual as soon as possible.
Capital Gains Tax
Capital Gains degrouping charge
Following the case of Johnston Publishing vs HMRC in the Court of Appeal, this brief outlines HMRC's view of what are 'associated companies' for the purposes of the degrouping charge.
Compliance checks
A new podcast is available on HMRC's new compliance checks regime, which comes into effect in April 2009. It is relevant for tax advisers, individuals and businesses.
An e-learning module covering HMRC's new framework for compliance checks - which come into force from 1 April 2009 - has been launched. The module, originally used by HMRC staff, will show you how HMRC officers will check the tax position of individuals, companies and VAT-registered bodies.
From 1 April 2009 HMRC will have one set of powers for Income Tax, Capital Gains Tax, VAT, PAYE, Construction Industry Scheme and Corporation Tax to obtain information, inspect premises, set record requirements and also align time limits for claims and assessments to four years.
Corporation Tax
Corporation Tax on chargeable gains - indexation allowance
The indexation allowance for January 2009 used to calculate Corporation Tax on chargeable gains is published on the HMRC website.
The first Corporation Tax Bill will come into force on 1 April 2009. Agents should refer to the new legislation after this date.
The second Corporation Tax Bill will be released for public consultation on 3 March 2009. We expect it to be introduced to Parliament in November 2009 and come into force in April 2010.
Corporation Tax and Income Tax
Taxation (International and other provisions) Bill
The Taxation (International and other provisions) Bill will be released for public consultation on 3 March 2009. We expect it to be introduced to Parliament in November 2009 and come into force in April 2010.
Taxation of the foreign profits of companies (draft clauses)
This document follows on from the Pre-Budget Report announcement on the taxation of companies' foreign profits. Draft clauses are included for consultation, together with some explanatory notes and draft guidance. The deadline for responses is 3 March 2009.
Customs and Excise
Duty suspension on certain types of LCD monitors
The European Commission has proposed to replace a previous suspension of duty for LCD monitors with another one, to apply from 1 January 2009 to 31 December 2010. It is expected to be in place by spring 2009.
Goodwill in Trade Related Properties
Goodwill in Trade Related Properties
A new publication outlines HMRC's view of Goodwill in Trade Related Properties. It describes the reasons for the review and how HMRC thinking has altered, setting out how HMRC will implement the change of view, given the existing backlog of interventions.
Income Tax
High Net Worth Unit
A High Net Worth Unit (HNWU) to deal with wealthy customers will begin operations on 1 April 2009. The records of customers currently dealt with by the Complex Personal Returns teams will either stay in the new unit, or move to the main Customer Operations unit in Stockton-on-Tees. All affected customers and their agents are being informed by post.
Inheritance Tax
Extension of clearances for business owners
The clearances service for business owners on Inheritance Tax business property relief will be continued. There will also be an extension to the scope of the service.
ISA
List of authorised ISA managers (PDF 84K)
HMRC has published a list of all authorised ISA managers, under the Individual Savings Accounts Regulations 1998.
Money Laundering Regulations
Money Laundering Regulations (MLR) registration fee
The annual registration fee for businesses registered under the Money Laundering Regulations 2007 has increased to £120. The sectors affected are Money Service Businesses, High Value Dealers, Trust or Company Service Providers and Accountancy Service Providers.
Money Laundering Regulations (MLR) registration deadline
If you are an Accountancy Service Provider and are not supervised by a designated professional body you should have registered with HMRC by 1 January 2009, under the 2007 Money Laundering Regulations. If you have not done this, please submit registration forms to HMRC as soon as possible and inform any relevant clients.
Non-statutory business clearance
Non-statutory business clearance service
Salary Sacrifice non-statutory business clearance applications (post transaction) should no longer be sent to local offices but emailed or posted to the HMRC Clearances Team in Southend. We will provide written confirmation of HMRC's view of the application of tax law to a specific transaction or event where uncertainty exists.
Inheritance Tax clearance service
HMRC has announced that the Inheritance Tax business property relief clearance service for business owners will continue and its scope will be extended to include some change of ownership.
Partnerships
From February 2009 all new partnerships or new members of partnerships will need to register at the centralised partnership unit within the Central Agents Authorisation Team in Longbenton. From that date all partnerships and their members will be required to use a Unique Taxpayer Reference (UTR) issued by HMRC. The use of substitute UTRs will no longer be acceptable.
Previously published guidance that a substitute UTR can be entered as a workaround is withdrawn with effect from 31 January 2009 because its continued use would undermine the benefits of centralised set-up and the risk assessment process.
PAYE
Key issues on Pre-Budget Report 2008, recording National Insurance contributions from April 2009 and important changes to the National Minimum Wage from 6 April 2009 are covered in this issue of Employer Bulletin.
New PAYE procedures have been introduced for employees coming from abroad. These apply to EP Appendix 6, 7A and 7B.
A new P45 form has been published by HMRC. This form must be used from 6 April 2009 onwards.
A podcast from Stephen Banyard, director of HMRC's Business Customer Unit, is now available. It alerts you to the need to complete P45 and P46 forms online from 6 April 2009. There will be a penalty for sending paper forms.
An Employer CD-ROM with added tools, improved screens and navigation has been published and sent to agents. Employers with nine or fewer employees at 5 April 2009 can file their Employee Annual Return online. Many payroll forms, help and guidance are included, along with PAYE calculators. Employer and employee details can be added and saved to a database.
Change of circumstances email facility
Since 16 February 2009 PAYE customers and their agents (on the customer's behalf) have been able to email changes of name or address to HMRC. Links to the structured forms are available on the HMRC site. This facility is not available to Self Assessment customers, even if they use PAYE.
Residence and Domicile
Amendments to Residence and Domicile rules
Until full guidance is made available later this year, a series of questions and answers will be published addressing the amendments to the Residence and Domicile tax rules over the course of the next few weeks.
Self Assessment
Self Assessment requests to repay underpayments through PAYECustomers who request to repay underpaid tax through PAYE as part of their 2007-08 Self Assessment Tax Return will be able to do so via the HMRC free online filing product, even if they miss the usual 30 December deadline for this option.
Student Loans
Collection of Student Loans' leaflet (PDF 69K)
An online and paper publication has been issued giving guidance on Collection of Student Loans, as applied to Self Assessment and PAYE borrowers.
HMRC P11 Student Loan deduction calculator
The 2009 E17 helpbook, 'Collection of Student Loans (CSL)' guidance for employers, now has updated guidance around how best to calculate Student Loan deductions. This includes information about the HMRC P11 calculator and is designed to help employers and agents fulfil their obligations. See also the employers section of the HMRC website and the Employers CD-ROM.
Tax avoidance
Tax avoidance schemes disclosure regime
To discourage tax avoidance, the Finance Act 2008 proposed new ways to identify users of registered avoidance schemes. Draft regulations have been publicised for comment up to 20 February 2009, with the new regulations coming into force on 1 April.
Tribunals reform
HMRC1 factsheet 'HMRC decisions - what to do if you disagree' provides information about new arrangements for appeals, reviews and tribunals from 1 April 2009.
HMRC's Brian Redford explains how changes to the tax appeals and tribunal system, coming into effect in April 2009, will affect accountants and tax advisers.
