HMRC investigation? Let us help protect your interests
Tax Investigation Management
Tax investigations by HMRC often come as an unpleasant shock for many and can be very stressful.
From the outset communication from HMRC can be quite intimidating as they tend to take an aggressive position and “throw the book”. The enquiry will often embrace many aspects of the business and will typically take the form of a standard template letter padded out in parts by reference to the particular client.
In other cases HMRC will issue a letter which on the face of it looks benign but has far reaching implications if not handled correctly.
At Shipleys we are non-judgmental, vigorous in defending our clients and aim to resolve the investigation in the most efficient manner possible without compromising the quality of our work.
We have the experience and know-how to handle local district cases to large tax fraud cases both in direct and indirect tax (VAT).
And with Shipleys Tax Fee Protection Partner our clients have peace of mind that in the event of an enquiry all professional fees up to the First Tier Tribunal are covered.
Sections
- Areas
- First steps
- How we can help
- How do HMRC investigate a business?
- What are the trigger points to look out for?
Areas
Some of the areas in which we regularly assist clients are:
- Code of Practice 9
- Code of Practice 8
- Voluntary Disclosures to HMRC (Onshore)
- Compliance Checks
- Negotiated Settlements with HMRC
First steps
- You need to know what your rights are under enquiry
- Identify and prioritise of areas of primary concern
- Assemble and analyse relevant information and evidence in order to quantify the correct tax liability
- You need advice on what HMRC can ask you to produce – whether you have to provide copies of documents and soft copies of electronic files for example
- You need an assessment of your accounting systems to know if it is robust enough to withstand scrutiny
- You want to reduce the risk of an investigation going forward and improve compliance procedures.
How we can help
- Our team consists of highly experienced ex-HMRC Inspectors
- We can influence and control the pace of investigation
- Our specialist knowledge will be utilised to challenge any incorrect assumptions made by HMRC
- Comprehensive Fee Protection insurance for clients
Remember early intervention by a tax investigation specialist could resolve the dispute relatively quickly; what not do to is to attempt to correspond with the tax man yourself as you could unknowingly put the proverbial “foot in it”.
Are under enquiry? Do you think you are at risk of an investigation? Contact us now for independent advice on your options.
HOW DO HMRC INVESTIGATE A BUSINESS?
Some tax investigations are random but increasingly the majority are as a result of HMRC’s risk analyses/assessments.
This “risk assessment” process typically compares the results of the business to other similar businesses; it statistically analyse areas such as gross profit margin, mark-up rate and comparisons to earlier years. Where a case is “risk assessed” HMRC cannot decline the invitation to investigate.
Even where HMRC know that there was “nothing in it for them”, officers have openly admitted that they have no choice but to open an enquiry because the risk assessment process had identified the case as warranting an enquiry.
What are the trigger points to look out for?
The short answer is patterns and, to a certain extent, timing.
Timing
Most accountants are unaware that whilst HMRC can launch an investigation into a business at any time within the statutory timeframe, enquiry notices are usually timedto be issued at specific times of the year in order to control work flow. Favoured times for issuing enquiry notice are the end of January (accountants busy with heavy workloads) and Fridays (clients receive a shock when opening post on a weekend!).
Nowadays, HMRC typically impose a non-statutory time limit on the taxpayer for producing information requested in the opening letter. Often it will not be possible to provide this within the time frame specified, and it is advisable to make contact very quickly with HMRC if this is the case. This is important in both establishing a relationship with the officer dealing with the enquiry and also gaining maximum penalty mitigation for cooperation in the event there is culpability.
Patterns
HMRC expect to see consistency across a business, both within the business itself and also across similar sectors. It will expect turnover to be fairly level whilst accepting modest fluctuations in either direction. If turnover goes down it will expect expenses to decrease. If profit decreases HMRC will query if proprietors’ drawings/directors remuneration increases. This crude analysis tool is often misleading and belies the actual reasons for fluctuations leading to businesses that have nothing to hide being flagged up for enquiry.
For example, if turnover increases substantially HMRC may conclude that maybe not all of the turnover in the previous year was declared. Or if it drops significantly then maybe some has been taken by the owner and not declared? The reality maybe that turnover has increased due to having a exceptionally good year and decreased because of a loss of a large customer or order.
Suspicion is also aroused if the claim in respect of administration expenses increases well beyond what would be expected comparing it with the previous year. HMRC will wonder whether hours have increased (hence the increase in admin expenses) and therefore the officer will wonder why turnover has gone down.
Proprietors’ drawings – a substantial increase could mean that drawings may have been understated in the past, leading HMRC to query whether any cash takings have not been declared. Similarly, if the drawings are less than the salary paid to the highest paid employee HMRC will be very uneasy – business owners are expected to be the highest earners in the business even though the reality is most proprietors in business start ups do not take any drawings in the formative years.
Gross profit margins (GPR) – typically the GPR of the business will be examined over a period of up to 6 years to see whether or not it is consistent. It will also be compared to similar businesses and fluctuations of more than a few percent will arouse suspicion. HMRC has access to a vast database of information indicating what the GPR of a particular type of business should be.
Invoices – An officer will scrutinise invoices carefully to check whether part of the invoices are being paid in cash to disguise the true GPR.
Sectors – HMRC will often target a particular sector because it has become aware of consistent malpractice across the sector. For example, Medical practices, dentists and vets are targeted because they engage locums as self- employed workers whereas in reality it is difficult to show that a locum is self- employed in many typical practices.
Professional footballers and their clubs have been under scrutiny for a few years now mainly because in some cases a player will receive a payment for the exploitation of his “image rights” and HMRC does not approve of this because it reduces or in some cases completely avoids liability to UK tax by devising a structure which holds the image rights offshore.
Umbrella companies and IT agencies using “one-man band” IT companies have been under the microscope for a long time (see IR35), mainly because it is considered that many of them are purportedly engaged as self- employed workers but the reality is that they can be deemed to be employees.
Standard of living – does an individual have the means to finance his/her standard of living? Information will be gained in this regard from a variety of sources, giving HMRC details of property owned, cars, boats, bank accounts, horses etc. Although there will often be perfectly reasonable explanations as to how such assets may have been acquired it may not stop HMRC delving further.
People often think they can outwit HMRC and stay one step ahead. However, they should be well aware of that most of the tricks which the unscrupulous businessman may try has been seen and dealt with by HMRC many times over and they underestimate HMRC at their peril.
If you require help with tax or VAT investigations then speak to our experts on 0114 272 4984 or email info@shipleystax.com.
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Tax planning with Shares and Spouses
WE CHERISH OUR partners for a multitude of reasons, yet tax planning rarely ranks among the top. Nevertheless, in light of the unprecedented tax burden faced by taxpayers today, planning with shares and spouses can be a valuable tool for both individuals and businesses to manage their tax liabilities effectively.
In today’s Shipleys Tax article, we explore some of the basic considerations for tax planning with shares and spouses and the traps that one should avoid.
Shares and Spouses
One of the most common tax planning strategies involving shares and spouses is the transfer of shares between spouses. This can be done to take advantage of lower tax rates or to transfer ownership of a company or business. By utilising tax free allowances by paying a spouse a small salary, usually up to the primary threshold, so as to incur no PAYE or NICs but still maintain entitlement to state benefits and the state pension. The company gets corporation tax relief on the salaries, and earnings are then topped up by dividends.
However, it is essential to understand the tax implications of such transfers and to ensure that they are done correctly.
One of the most common tax planning strategies involving shares and spouses is the transfer of shares between spouses
Firstly, when transferring shares between spouses, it is important to consider the capital gains tax (CGT) implications. In the UK, CGT is a tax on the profits made from selling assets, including shares. The current CGT allowance for individuals is £12,300 for the tax year 2022/23. However, when transferring shares between spouses, the transfer is not subject to CGT. Instead, the transfer is deemed to take place at market value, and the new owner of the shares takes on the original cost of the shares for future CGT calculations.
Secondly, it is important to consider the income tax implications of transferring shares between spouses. Dividends from shares are subject to income tax, and if a higher-earning spouse transfers shares to a lower-earning spouse, they may be able to take advantage of the lower tax rates. However, there are rules in place to prevent spouses from using this strategy to avoid tax. The so-called “settlements legislation” applies to situations where income is transferred between spouses in order to take advantage of lower tax rates. In such cases, the income will be taxed as if it had been earned by the higher-earning spouse.
The Traps to Avoid
When it comes to tax planning with shares and spouses, there are several traps that individuals must avoid. These include:
- Failing to properly document the transfer of shares between spouses – It is essential to document any transfers of shares between spouses to ensure that the transfer is valid and to avoid any disputes with HMRC.
- Failing to consider the long-term implications of the transfer – Transferring shares between spouses can have long-term implications, such as future CGT liabilities, and individuals must consider these implications before making any transfers.
- Failing to comply with the rules on settlements – The settlements legislation can be complex, and individuals must ensure that they comply with the rules to avoid being subject to additional tax liabilities.
Dividends from shares are subject to income tax, and if a higher-earning spouse transfers shares to a lower-earning spouse, they may be able to take advantage of the lower tax rates
- Alphabet share schemes – companies may issue so-called “Alphabet shares” to spouses, which restrict shareholders voting rights, and/or their right of income to dividends, or capital on a winding up, based on performance or some other metric. Gifting or issuing such shares to such key individuals could be argued by HMRC to be “substantially a right to income”, and therefore would fall foul of settlements legislation above.
If however such shares issued under a carefully drafted alphabet share scheme, have equal and full minority voting rights applied, then broadly HMRC would not be able to attack this arrangement as a “settlement”, as always there are exceptions to this however and it is best to take professional advice.
Conclusion
Tax planning with shares and spouses can be a valuable tool for managing tax liabilities effectively. However, individuals must be aware of the potential traps and pitfalls that can arise when using this strategy. By properly documenting any transfers of shares, considering the long-term implications of the transfer, and complying with the rules on settlements, individuals can avoid these traps and ensure that their tax planning strategies are effective and compliant with tax rules.
If you are affected by any of the issues above and would like more information, please call 0114 272 4984 or email info@shipleystax.com.
Please note that Shipleys Tax do not give free advice by email or telephone.
Muted Spring Budget 2023 delivers controversial pension tax reform
AFTER THE PREVIOUS blockbuster Budgets, today’s Spring Budget 2023 announcement was bit of a damp squib. While the Chancellor’s may not have been the most exciting event, it did have some notable highlights worth mentioning.
The main focus of the speech was on incentives for working parents, older individuals, and carers, rather than on tax changes. However, it was confirmed that the corporation tax increase previously announced in 2021 will go ahead from April 1, 2023, with the main rate increasing to 25%.
In today’s Shipleys Tax note we look at the main Budget 2023 announcements.
Incentives for Working Parents, Older Individuals, and Carers
The Chancellor’s Spring Budget 2023 placed a significant emphasis on providing support for working parents, older individuals, and carers. Several measures were announced with the aim of incentivizing these groups to continue working and contributing to the economy. See here..
Pensions
Pensions were a major topic, with changes to both the annual allowance (AA) and lifetime allowance (LA) thresholds. The AA, which is the maximum amount of tax-relieved contributions that can be made in a pension input period, will increase from £40,000 to £60,000 starting in 2023/24. The LA charge will be removed for 2023/24 and completely abolished from 2024/25, instead of increasing to £1.8M as previously rumoured. The money purchase annual allowance will also increase from £4,000 to £10,000 from 2023/24.
The changes to the annual and lifetime allowances for pensions have been controversial, with some critics arguing that they primarily benefit the very wealthy. However, the removal of the lifetime allowance charge from 2023/24 is seen as a positive development for some GPs and dentists.
Many GPs and some dentists have been affected by the lifetime allowance charge, which can result in a significant tax bill for those with large pension savings. The removal of the charge is expected to provide relief for these individuals, who may have been considering early retirement or reducing their working hours to avoid the charge.
Despite the positive impact for GPs and some dentists, there is ongoing debate over the fairness and effectiveness of the pensions reforms, with some calling for further measures to address pension inequality and encourage more widespread saving for retirement.
Changes to System of Capital Allowances
In terms of businesses, there will be changes to the system of capital allowances. From April 1, 2023, until March 31, 2026, companies will be entitled to a 100% first-year allowance for capital expenditure on IT equipment and plant and machinery. The 50% deduction for special rate expenditure will also be extended during this period.
Expanding Cash Basis for Unincorporated Businesses
- There will be a consultation on expanding the cash basis for unincorporated businesses.
- This may lead to relaxations of restrictions on loss relief and the cap on deductible interest payments (currently £500).
Other announcements
Individuals:
Qualifying care relief
The income threshold at which qualifying carers begin paying tax on care income will increase to £18,140 per year plus £375-450 per person cared for per week for 2023/24. These levels will then be index-linked.
Fuel duty
The planned increase of 11p in fuel duty this year will be cancelled. For the next 12 months, rates will be kept the same.
Trusts and estates
An existing income tax concession for low-income trusts and estates will be extended. Further changes will simplify calculations and reporting. HMRC also intends to remove non-taxpaying trusts from reporting requirements by modifying inheritance tax regulations.
Businesses:
R&D tax relief
From 1 April 2023, there will be an increased rate of relief for loss-making R&D intensive SMEs. Eligible companies will receive £27 from HMRC for every £100 of R&D investment.
A company is considered R&D intensive where its qualifying R&D expenditure is 40% or more of its total expenditure.
Previously announced restrictions on some overseas expenditure will now come into effect from 1 April 2024 instead of 1 April 2023.
Cultural tax reliefs
The higher rates of the theatre, orchestra and museums and galleries tax reliefs will be extended for two years.
Creative tax reliefs
From 1 April 2024:
- A new Audio-Visual Expenditure Credit will replace the current film, high-end TV, animation and children’s TV tax reliefs
- A new Video Games Expenditure Credit will be introduced
Tax avoidance measures
- A further £47.2m investment to support HMRC’s capability to collect tax debts
- Legislation to close an avoidance loophole that can leave HMRC out of time to assess tax due on capital gains when an asset is disposed of under an unconditional contract
- From the 2024/25 tax year, changes to the self-assessment tax return forms requiring amounts in respect of cryptoassets to be identified separately
A full overview of the announcements is available here.
Using a Trust for tax planning?
TRUSTS CAN BE a very useful way to hold interests in land and property in the UK. One type of trust, called a bare trust, provides a simple and flexible way to manage and transfer property ownership and can be used in for basic tax planning. However, many people who have created such bare trusts are not aware of the HMRC registration requirements and the tax implications associated with them.
In today’s Shipleys Tax note we look at in particular what bare trusts are and the consequences of failure to register with HMRC.
What is a bare trust?
Bare trusts are often used for holding interests in land and property, as they provide a simple and flexible way to manage and transfer property ownership. A bare trust is created when a settlor transfers legal ownership of property or assets to a trustee, who holds the property or assets on behalf of the beneficiary. Unlike other types of trusts the trustee has no discretion over how the trust assets are distributed, and the beneficiary has an immediate and absolute right to the trust assets.
Bare trusts are often used for holding interests in land and property, as they provide a simple and flexible way to manage and transfer property ownership.
Trust Registration
The UK government’s Trust Registration Service (TRS) requires trustees to register details of certain trusts with the government within certain deadlines. The registration requirements apply to all trusts that have UK tax consequences, including trusts that hold interests in land or property.
Despite this, many people who have created bare trusts may not be aware of the registration requirements and the potential consequences of failing to comply. (Surveys by YouGov in 2019 found that over half of UK adults were unaware of the TRS and the registration requirements for trusts; and NFU Mutual 2018 which found that more than a third of people with trusts were unaware of the registration requirements).
Failing to comply with the registration requirements for a bare trust in land or property can have serious consequences. Trustees who fail to register the trust with the TRS can face fines and penalties. In addition, failure to register the trust can result in delays and difficulties in transferring or selling the property.
Bare trusts exempt?
Some trusts, such as those that hold only cash or simple assets, bare trusts, and those already regulated, are exempt from registration.
Trustees who fail to register the trust with the TRS can face fines and penalties. In addition, failure to register the trust can result in delays and difficulties in transferring or selling the property.
However, the exemption does not cover trusts that hold interests in land or property. If you have a bare trust that holds interests in land or property, you will need to register the trust with the TRS if it meets certain criteria. The registration requirements apply if the trust has a UK tax liability, such as income tax, capital gains tax, or inheritance tax.
How do you register a bare trust?
The registration process involves providing detailed information about the trust, including the names and addresses of the settlor, trustee, and beneficiary, as well as information about the trust’s assets, income, and tax liabilities. The trustees must also keep accurate records of the trust’s transactions and be able to provide them to HM Revenue & Customs (HMRC) if requested.
What are consequences on non-registration?
Penalties for non-compliance with the registration requirements can be significant. Trustees who fail to register a registrable trust within the required timeframe can be subject to penalties of up to £5,000, as well as daily penalties of up to £10 per day for each day that the registration is overdue. In addition, failure to register a trust can result in criminal sanctions, including fines and imprisonment.
If you have a bare trust that holds interests in land or property, you will need to register the trust with the TRS if it meets certain criteria.
Another potential consequence of failing to register a bare trust in land or property is the possibility of a tax investigation by HM Revenue & Customs (HMRC). If the trust generates income or has assets that are subject to income tax, capital gains tax, or inheritance tax, the trustees may be liable for tax penalties and fines if they fail to comply with the tax requirements.
What are the tax implications?
In addition to the registration requirements, bare trusts that hold interests in land or property may be subject to additional taxes, such as stamp duty land tax (SDLT) and capital gains tax (CGT). The tax liabilities associated with bare trusts in land or property can be complex, and it is important to seek professional advice to ensure that the trust is set up and administered in a tax-efficient manner.
One potential advantage of using a bare trust for holding interests in land and property is that it can provide greater privacy and confidentiality than other types of trusts. However, it is important to note that the registration requirements and tax implications associated with bare trusts in land and property can be significant. Failure to comply with the registration requirements or pay the appropriate tax can result in penalties and fines.
In conclusion, failing to register a bare trust in land or property with the government’s Trust Registration Service can have serious consequences, including fines, penalties, and delays in transferring or selling the property. You may need to register the trust and comply with complex tax requirements. It is important to seek professional advice to ensure that the trust is set up and administered in a tax-efficient manner, and to avoid penalties and fines.
If you are affected by any of the issues above and would like more information, please call 0114 272 4984 or email info@shipleystax.com.
Please note that Shipleys Tax do not give free advice by email or telephone.
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