PoT C10 Corporation Tax
PoT C10 Corporation Tax
CHAPTER 10
Corporation
tax
Presenter
Overview
1. Charge to corporation tax
2. Taxable total profits
3. Computation of corporation tax
4. Payment of corporation tax
CORPORATION TAX
W1 – Trading income £
Draft accounting profits
Depreciation
Bad debts
Gifts and donations
Professional fees
Staff party
Repairs and renewals
Interest receivable
Exempt dividends received
Interest payable
Capital allowances
Trading income
Overview
Companies are chargeable to corporation tax.
1.2. Residence
A company is liable to corporation tax on its worldwide profits if it is resident in the UK.
It is incorporated outside the UK, but its central management and control are
exercised in the UK.
This refers to where the key management decisions are made at the highest
level, usually by the board of directors.
If the company’s board of directors meets in the UK to make strategic decisions,
the company may be considered a UK tax resident, regardless of its place of
incorporation.
1.2. Residence
Double Taxation Treaties
In situations where a company could be considered a tax resident in both the UK and
another country (due to the “central management and control” test or similar criteria in
another country), the UK’s double taxation agreements (DTAs) with the other country
come into play.
Non-UK tax-resident companies are usually taxed only on UK-source income and
profits from activities conducted in the UK.
Accounting period is the period for which a company’s taxable total profits are
charged to corporation tax.
The accounting period will usually be the same as the company’s period of account.
Period of accounting: the period for which a company has prepared its accounts.
When the previous accounting period ends and the company is still within the charge
to corporation tax.
Overview
Trading profits after capital allowances are dealt with as trading income.
Loan relationship may include trading credits and debits and non-trading credits and
debits.
The company will produce accounts for a period of account and these must be
adjusted for tax purposes.
This means that only rent relating to the accounting period is taken into account.
For the purpose of exam, assume all dividends received by a company are exempt.
Dividends received from other companies are taken into account in determining
when a company has to pay its corporation tax liability, and the rate of tax that the
company pays.
The conditions for a donation to qualify for tax relief are the same as for individuals.
The method of tax relief for a company differs from that used for individuals.
A company makes qualifying donations gross.
The amount paid in the accounting paid is deducted from the company’s total
income and gains.
Overview
Corporation tax is charged on the taxable profits of a company.
The rate of corporation tax depends on the augmented profits of the company,
compared with upper and lower limits.
The main rate applies if the company has augmented profits above the upper
limit.
The small profits applies if the company has augmented profits below the lower
limit.
Marginal relief applies for companies between the limits.
The limits for the rates are scaled down in short accounting periods.
Exempt ABGH distributions are added to taxable total profits to give augmented
profits.
Exceptions:
These exemptions are designed to avoid double taxation on corporate profits, where
the distributing company has already paid tax on its profits.
The specific exemption that applies (A, B, G, or H) depends on factors like the size of
the company making the distribution, the control the recipient company has over the
payer, and the nature of the shares held.
In FY 2023, the main rate of corporation tax applies if a company has augmented
profits exceeding £250,000.
First, compute corporation tax at the main rate on taxable total profits and then
deduct:
(U – A) * N/A * 3/200
Where:
• A = Augmented profits
• N = Taxable profits
If the accounting period is less than 12 months, the limits must be scaled down.
Both are under common control of a third party (individual, partnership or another
company).
Control means over 50% of the issued share capital or voting power or distributable
profits or assets if the company ceases to exit.
Sub-subsidiaries, i.e. where one company controls another, which in turn controls
another, are also included as associated companies.
Companies which are associated for only part of the accounting period are deemed
to have been associated for the whole accounting period for the purposes of
determining the limits for marginal relief.
Dormant companies (companies which are not carrying on a trade or business) are
ignored.
Where a company is associated with one or more companies, the upper and lower
limits are divided equally between the associated companies in order to determine
the corporation tax rate.
Principles of Tax Corporation tax – taxable total profits
3. Computation of corporation tax
3.6. Associated companies
Example: Associated companies
Overview
The date(s) for payment of corporation tax depends on the company’s level of
augmented profits.
The limits are scaled down for short accounting periods or where there are one or
more associated company.
A company with augmented profits exceeding the limit pay corporation tax in
instalments, and the due date of these instalments varies depending on whether the
company is classed as ‘large’ or very ‘large’.
Other companies have a single payment date of nine months and one day after the
accounting period.
This is the case unless the company is a large or a very large company in the
accounting period.
Both of these limits are adjusted downwards for short accounting periods and for the
number of associated companies.
It has a tax liability of less than £10,000 (based on a 12-month accounting period); or
It was not a large company in the preceding 12 months and it has augmented profits
of £10 million or less in this accounting period.
If the company has associated companies, the £10 million limit is divided
between the company and its associated and is also adjusted if the accounting
period is short.
Where accounting period is short and/or there are associated companies, then these
limits should be pro rated.
Unlike for the marginal relief limits (i.e. when calculating the amount of corporation
tax due), the number of associated companies for the purposes of determining the
payment dates is based on the number of associated companies on the last day of
the accounting period.
A large company must pay corporation tax in four equal instalments based on the
company’s estimated liability for the accounting period.
The instalments are due on the 14th day of the 7th, 10th, 13th and 16th months after the
start of a 12-month accounting period.
Principles of Tax Corporation tax – taxable total profits
4. Payment of corporation tax
In practice, the company will make revised estimates of how much each instalment
should be as the accounting period progresses.
Vary large companies must pay their liabilities four months earlier than large
companies.
Instalments are due on the 14th day of 3rd, 6th, 9th and 12th months of the accounting
period.
The £20 million limit for very large company is adjusted downward for short
accounting periods and the number of associated companies at the end of the
previous accounting period.
In the examination, you will not have to determine the payment dates for a very large
company with a shorter accounting period, but you may be required to determine the
augmented profits limit for a very large company with a short period.
Principles of Tax Corporation tax – taxable total profits
4. Payment of corporation tax