| Enews - August 2007 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Arctic Systems – HMRC gives guidance Following the decision in the Arctic Systems case HMRC have provided guidance on how tax returns are to be dealt with following the House of Lords’ decision. Cases currently open Any cases left open pending the outcome of the case will now be reviewed by HMRC and settled in line with the decision in the Arctic Systems case where the facts indicate that that is the appropriate outcome. The guidance indicates that the taxpayers will be dealt with in the same way as Mr and Mrs Jones where the spouse owns either ordinary shares in a company or an ordinary unlimited interest in a partnership. 2005/06 The guidance notes that these returns should have been submitted in line with the Court of Appeal decision, which was in favour of the taxpayer, so that no amendments should need to be made to these returns following the House of Lords’ decision. 2006/07 The deadline for submission of these returns is 31 January 2008 and the guidance states that they should be completed on the basis of the House of Lords’ decision. Forthcoming legislation Following the decision, the government announced its intention to legislate to prevent what they regard as the use of ‘non-commercial arrangements’ to divert income from one spouse to another. We will keep you up to date with developments. Please contact us if you require further clarification of how this affects you. Internet Link: HMRC guidance Test case issue to resolve bank charges debate The Office of Fair Trading (OFT) is taking a case to the High Court to decide whether or not the level of unauthorised overdraft charges made by banks are legal. According to the OFT, tens of thousands of complaints that these charges are unfair have been received by the County Courts and the Financial Ombudsman Service. The debate considers whether, under current consumer law, it is lawful for banks to charge a penalty for unauthorised overdrafts and ‘bounced cheques’ in excess of the administrative costs needed to process them. In many cases, these penalties can be £30 or more for each transaction which occurs whilst an individual’s bank account is in the red. Consumer groups argue that the actual administrative costs involved are a fraction of the penalties. As a result of high profile campaigns by consumer groups, thousands of dissatisfied bank customers have been sending their banks letters of complaint demanding refunds. Some banks have settled out of court rather than reveal the actual cost of dealing with overdrafts and bounced cheques. There have been several cases where the courts have found in favour of the bank which has left the question of bank charges unresolved. The OFT has entered into an agreement with eight leading high street banks to bring a test case to the High Court to resolve the legal issues. Until the case is settled, decisions on all existing and future claims for refunds are likely to be put on hold. Estimates for when a case might be brought before the High Court range from November 2007 to early spring 2008. Internet Link: OFT website HMRC apologise for payment delay HMRC have apologised to small employers, those with less than 50 employees, awaiting their £150 tax-free incentive payment in respect of the 2006/07 tax year. The incentive payment is due where an employer, or their agent, successfully filed their Employer's Annual Return form P35 and the supporting employee forms P14s online. According to HMRC the large numbers of people claiming their payment by cheque has led to a delay and many employers may not receive their cheques until December 2007. HMRC advise that requests for payment by cheque should only be made by those employers who have little or no PAYE deductions to pay over. Employers who have to make monthly or quarterly PAYE payments to HMRC are able to reduce their payment by the £150 incentive payment. Internet link: HMRC tax free incentive payments VAT fuel scale charges The VAT fuel scale charge is the output VAT charge payable by VAT registered businesses which allow their employees to claim all the fuel expenses on their company cars and reclaim VAT on the full amount of fuel purchased without making an adjustment for private use. It was announced in the Budget earlier this year that for VAT periods commencing on or after 1 May 2007 the fuel scale charges should be calculated on the basis of the car's carbon dioxide (CO2) emissions. A business with a VAT year of 30 September making normal quarterly returns will make returns for 1 October to 31 December, 1 January to 31 March, 1 April to 30 June and 1 July to 30 September. The first quarterly return commencing after 1 May will be the period 1 July to 30 September 2007 which is due for submission and payment by the end of October.
Internet Link: HMRC VAT scale charges and HMRC motor expenses guide HSE Launch Risk Assessments Factsheets The Health and Safety Executive (HSE) has produced a range of risk assessment factsheets for different business sectors. According to the HSE, the example risk assessments aim to show businesses that ‘risk assessments are about identifying practical actions to protect people from harm and injury, not a bureaucratic experience’. Business types already covered include contract bricklayers, an estate agency, a motor vehicle repair shop, a convenience store/newsagent, an office, general office cleaning and a warehouse. Further examples will be added to the website from time to time. Internet Link: HSE risk examples Tax help for those affected by floods The Chancellor of the Exchequer, Alistair Darling, has announced that HMRC will introduce a series of measures to help individuals and businesses affected by the recent severe flooding. The Government will introduce legislation in next year's Finance Bill to allow HMRC to waive interest and surcharges on tax paid late due to the floods. Financial Secretary to the Treasury and Minister for HMRC, Jane Kennedy, said; "I want to ensure that people affected by the flooding do not have to worry about tax or their tax credit award at this difficult time. Where individuals or businesses are affected by the flooding, I would ask them to get in touch with HMRC who will be able to offer practical help. I hope that, by offering this help now and the reassurance that HMRC will back-date their help, we can ease some of the anxiety that is affecting so many people and business." HMRC will be able to:
HMRC ask that people contact them if the flooding has made it difficult for them to send in their tax credit renewals on time or if they have a change of circumstances to notify. Similarly customers having difficulty paying their taxes or duties, or sending in tax returns or other information as a result of the flooding, should also get in touch as soon as possible. A new helpline has been set up to support those affected on 0845 300 157. Internet Link: HMRC help for flood victims Help for those affected by foot and mouth HMRC have announced that they appreciate some individuals and businesses will find it difficult to meet their tax obligations due to the recent foot and mouth outbreak. HMRC will:
"We want to offer help to people who are being affected by the outbreak of foot and mouth disease and the restrictions on the movement of livestock. Some of them may be facing cash flow difficulties and our new Helpline will be able to offer them fast, practical advice on their tax affairs." A new helpline has been set up to support those affected by foot and mouth disease on 0845 366 1207. Internet Link: HMRC statement VAT change for invoices HMRC have issued guidance on changes to the rules regarding the information to be shown on invoices issued from 1 October 2007. Some of the changes are very minor and reflect current normal business practice. However some businesses will need to amend their current invoices to comply with the guidance. The businesses most likely to be affected by the new requirements are those:
Please do get in touch if you would like further clarification of how these changes will affect you. |
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