Summary Notes
Summary Notes
- Personal Allowance is £12,570. If Adjusted Net Income is more than £100,000 then
Personal Allowance will reduce £1 for each £2 excess. No Personal Allowance if ANI is
more than £125,140.
Non-Saving Income
- Real Estate Investment Trust i.e., REIT is a mutual fund that invests in real estate
market. Benefits of REIT include:
i. Pooling of funds.
ii. Fund is overseen by experts.
iii. Risk is reduced.
- Dividends distributed by the fund are taxed as Non-Saving Income. Withholding is 20%.
Dividend Income
- Dividend Income is taxed at 0% for the first £2,000 regardless of the band.
Interest Income
- NRB for Interest Income is £1,000 for BRTP and £500 for HRTP.
- Will be taxed at 0% if it lies in the first £5,000 of taxable income.
- Interest income on National Saving Certificates or Individual Savings Account are
exempt. ISA limit is £20,000.
- No WHT on Interest Income. However, if interest income is earned on loan notes of
unlisted companies, then 20% WHT will apply.
Trusts
- Trust is a body created in which Donor donates assets, it is managed by trustees and its
income is given to beneficiaries.
- Generally, it is to give funds to people who can’t manage it yet.
- Two types of Trusts i.e., Discretionary and Interest in Possession Trust.
- Discretionary Trust operates at the discretion of trustees. Trustees can change
beneficiaries and the how the trust operates. Tax on income from trust is withheld at the
highest rate possible i.e., 45%. It is taxed on receipt basis.
- Interest in possession trust runs at the discretion of donor. Trustees are employees just
following instructions. Income is taxed on accrual basis. WHT is 20%.
Qualifying Interest Expense
- Interest Expense i.e., QIE will be deductible from total income.
i. Loan taken to purchase plant and machinery for sole trader business or
partnership.
ii. Loan taken to purchase plant and machinery for employment purposes.
iii. Loan taken to invest in close company.
iv. Loan taken to pay IHT.
v. Loan taken to invest in co-operatives.
Qualifying Donations
- When a taxpayer donates to a registered charity, it qualifies as a qualifying donation.
Benefits are:
i. HMRC contributes 20% gross.
ii. BRB is extended by gross amount.
iii. ANI is reduced by gross amount.
Pensions
- Two types of pension plans.
i. State Managed Pension funds.
Run by the government. Everyone contributes to this plan in the form of
NIC.
ii. Private Pension funds.
Annual Allowance
- It is the maximum amount of contribution allowed in a PPP in a fiscal year.
- Annual Allowance if £40,000.
- Unused annual allowance can be brought forward from the last 3 years.
- Annual Allowance is reduced by £1 for every £2 excess if the Adjusted Income exceeds
£240,000.
- If the threshold income is less than £200,000 then Annual Allowance will not reduce.
- Any contribution over the annual allowance limit will be subject to annual allowance
charge that will be taxed as a non-saving income.
- Income Tax relief i.e., in the year of investment, income tax liability will reduce by lower
of:
i. Tax liability; or
ii. 50% of investment in SEIS.
- This relief can get carried back up-till 1 year.
- SEIS shares should be held for 3 years. If sold before 3 years, all the reliefs will be
reversed.
- Income tax relief will be withdrawn at the lower of:
a) Original relief; or
b) Disposal proceeds x Effective rate of relief.
- CGT exempted on investment in SEIS and CGT on sale of SEIS shares will get
chargeable. If there is Capital loss, it will be adjusted in the CGT return.
Enterprise Investment Scheme
- A qualifying company in EIS is:
i. UK resident.
ii. Unlisted.
iii. Less than 250 employees.
iv. Company should not be in a financial difficulty.
v. Company should have assets less than £15m before the issue of the shares and
less than £16m after the issue of the shares.
vi. Company can raise only a maximum of £5m under EIS by issuing shares.
- Income tax relief i.e., in the year of investment, income tax liability will reduce by lower
of:
i. Income tax liability; or
ii. 30% of EIS investment.
- This relief can get carried back up-till 1 year.
Property Income
- This head includes taxation on rental income generated through letting of properties. It is
taxed as non-saving income.
- Property Income is taxed on cash basis.
- Accrual basis only applies if:
i. Rental income exceeds £150,000 per year; or
ii. Landlord is a company; or
iii. A person elects for accrual basis.
- If a person lets out a residential property which was purchased through loan, then
interest expense on that loan will not be an allowed expense. Interest expense will be
relieved as a 20% tax credit from Income Tax Liability.
Rent-a-Room Relief
- If an individual rents out a part of his private residence, such that the letting was
furnished, he will be able to claim a relief.
- Rent-a-room relief allows, allowed expense to be claimed at the higher of:
i. £7,500
ii. Actual allowed expense allocated to that room.
Lease Premiums
- In premium letting, the tenant pays rent plus a lease premium that allows the tenant
additional rights to the property, such as sub-letting and modifying the property.
- If lease is of more than 50 years, the property is treated as disposed and will be
assessed in Capital Gains Tax.
- If lease is of less than 50 years, the Lease Premium will be assessed in Property Income
and CGT head.
- Property Income part is calculated as
Premium xxx
2% x (n-1) x Premium (xxx)
Property Income xxx
- Premium paid is a cost for tenant. Tenant can claim allowed expense on premium paid
amount which is after adjusting CGT amount i.e., 2% x (n-1) x Premium.
- If tenant is using the property for business, then allowed expense will be claimed from
Trading PnL. Accordingly, if the property is sublet, then claim from Property Income.
Badges of Trade
- Frequency of transactions.
- Period of ownership.
- Customary work done = Trade.
- If transaction is planned or not.
- Nature of asset.
Employment Income
- It includes taxation issues on amounts earned due to their employment.
i. Income tax and NIC.
ii. Termination payments.
iii. Share-based remuneration.
iv. Basic employment income.
Termination Payments
- Payments made to employee on termination of employment.
- Statutory payments: Wholly exempt.
- Contractual payments: Wholly chargeable. (Income tax and Class 1A NIC)
- Ex-Gratia payments: Exempt up-till £30,000. Exemption amount is reduced by Statutory
payments.
Share-Based Remuneration
- Two types of SBR; Share incentives and Share options.
- In Share incentives, employer gives free shares to employees. Employment benefit is
assessed on Market value of shares – Amount paid by employee.
- If shares are quoted, then NIC is payable as a cash benefit.
- If shares are unquoted, then NIC is payable as non-cash benefit.
Share Options
- In share options, employer gives employees shares on a future date.
- Two types of SOPs; Approved and Un-approved plans.
- If SOP is approved, then its taxation will be:
o Grant Date: No tax
o Exercise date: No tax
o Disposal date: CGT will be charged.
Accommodation Benefit
- If employer provides accommodation for employee, then accommodation benefit will be
assessed. It is calculated in 3 parts.
1. Basic Charge; higher of:
a) Actual rent paid by employer.
b) Market value of annual rent.
o Improvements made in current fiscal year are assessed in the next year.
o If the gap between the purchase date of the house and provision date to
employee is of 6 years or more, then market value of house when provided to
employee is used instead of cost.
3. Ancillary Charge, if employer is paying any support cost of house, then benefit
will be chargeable.
Job Related Accommodation
- If accommodation provided to employee is recognized as JRA, then:
i. Basic charge is exempt.
ii. Additional charge is exempt.
iii. Ancillary charge is taxable up-till 10% of employment income.
Loan Benefit
- Loan benefit will be assessed if loan is provided at a rate less than 2%.
- Loan benefit will be lower of:
1. Actual pro-rated.
2. Average method = Highest + Lowest / 2
- If loan balance remains below £10,000 for the year, then no loan benefit.
Inheritance Tax
- IHT applies on gifts of assets by and individual or by a Trust during lifetime or at the time
of death.
Annual Exemption
- Annual exemption of £3,000 is available to be used against PET and CLT.
- AE is automatically used against first gift in a fiscal year.
- Can be brought forward for 1 year.
- NRB of £325,000 will be available whenever IHT is calculated. This NRB will be reduced
by Chargeable Transfers in last 7 years.
- Taper Relief is available if the gift if the gap between the gift and death is at least 3
years.
- Taper Relief will reduce Death Tax.
Death Estate
- Net assets owned by a person at the time of his death will make up his Death Estate.
- Distribution is made according to a person’s will or rules of intestacy.
- No Annual Exemption of Death Estate.
- Assets are valued at market value at the time of death.
- Shares and securities are valued at lower of: Quarter-up Rule and Average Bargain.
- Mutual fund units are valued at lowest bid price.
- Gambling debts are not deductible.
Residence NRB
- When a person gifts main residence to a direct descendant through Death Estate, then a
Residence NRB of £175,000 will be available.
- If a person’s net Death Estate is more than £2,000,000, then the Residence NRB will
reduce by £1 for every £2 excess.
- Residence NRB can also be transferred to the other spouse.
Automatic Non-Resident
- Less than 90 days having an overseas job.
- Less than 45 days having no overseas job.
- Less than 16 days being resident in any of last 3 years.
Automatic Resident
- 183 days in a year.
- 365 consecutive days in 2 years.
- 30 days and only house is in UK.
SEIS
- 25 Employees.
- Max Assets 200,000.
- Max Value of Scheme 150,000.
- Max investment 100,000.
EIS
- 250 employees.
- Max Assets 15m before and 16m after.
- Max Value 5m.
- Max Investment 1m.
CSOP
- Full time employees. 30% holding.
- Anyone can be included.
- Max Value 30,000.
- Exercise period 3-10 years.
- Ex. Price must be equal to market value on grant date. Difference will be Emp. Benefit.
EMI
- Full time employees. 30% holding.
- Max Value 250,000.
- Exercise period 0-10 years.
- Less than 250 employees.
- Gross assets less than 30m.
- Must not be a 51% subsidiary.
SIP
- All full-time employees included.
- 3,600 after first stage.
- 2nd stage: 1,800 or 10% employment income as partnership shares.
- 3rd stage: Option to convert partnership shares into matching shares at 2 for 1. (Minimum
3,600).
- SIP shares must be kept for 5 years.
- If sold before 3 years, Emp. Benefit will be charged at disposal.
- If sold after 3 years, Emp. Benefit at lower of Disposal and MV on Grant Date.
Deemed Domicile
- For 3 years after leaving actual domicile.
- If resident for 15 out of 20 last years.
o Such that resident in any of the last 4 years.
Formerly Domiciled
- Domicile by origin.
- Born in UK.
- Are UK resident in current tax year.
- Resident in any of the last 2 tax years.
Gift Relief
- Quoted shares with less than 5% holding.
- Unquoted shares.
- Sole trader or partnership business.
- Transactions immediately chargeable to IHT.
- APR.
Administration
- Death Tax IHT is payable 6 months after death.
- Lifetime IHT is payable by 31 April if made in first 6 months of the year. Otherwise, 6
months after the gift.
- VAT return and payment must be done in 1 month and 7 days after each quarter.
- CGT is paid on 31 Jan after fiscal year.
- All deferral reliefs can be claimed up-to 4 years.
- Individual return 31 October manually and 31 Jan electronic.
- Income tax and Class 4 NIC is paid in installments unless 80% is paid at source.
o 31 Jan during fiscal year.
o 31 July after fiscal year.
o 31 Jan after fiscal year.
- Stamp duty is paid within 30 days of the transaction otherwise penalty of:
o 100 if 3 months late.
o 200 for more than 3 months.