Happy Homes

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Happy Homes

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							                                                  Committed to your Success
          68 Liverpool Road • Stoke-on-Trent • Staffordshire • ST4 1BG • Telephone 01782 847952 • Fax 01782 744357
                                          e-mail: info@geens.co.uk • www.geens.co.uk

   Registered to carry on audit work and regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business activities




       Business News
Pensions Update                                     AUTUMN 2009

Following the recent budget, Alistair Darling
announced new rules for the availability of
higher rate tax relief on pension contributions
                                                    Happy Homes??
for high income individuals.                        The press focus on MPs second homes
From April 2011 tax relief will be restricted       earlier in the year has thrust the capital gains
for individuals with an annual income of over       tax (CGT) position on the sale of homes
£150,000. Relief will be tapered so for those       generally into the limelight, so what does
earning over £180,000 relief will be worth
just 20%. To stop floods of contributions
                                                    tax law actually allow?
the government has immediately restricted           First, to be exempt the property must not have been
higher rate tax relief for high income              purchased for the sole reason of making a profit and,
individuals.                                        second, the dwelling must be an individual's only or
                                                    main residence throughout the period of ownership.            Example
These rules apply to anyone whose income
in the current or previous two tax years is                                                                       Charles has owned a main residence in
                                                    The exemption is for one property per person or
over £150,000 and includes earnings from                                                                          Leicestershire for the last eight years. Fed up
                                                    married couple (including a registered civil partnership)
all sources such as dividends and building                                                                        with commuting he buys a flat in central London
                                                    only; so if another residence is acquired an election
society interest.                                                                                                 and elects for this to be his main residence.
                                                    can be made as to which property is to qualify and
                                                                                                                  Exactly five years later he sells his home in
                                                    which is not. The election can be made within two
In essence anyone with income of over                                                                             Leicestershire. This is exempt for the first eight
                                                    years of a change in the number of residences
£150,000 making total pension contributions                                                                       years as it was his main residence and for the
                                                    available.
(including employer contributions) exceeding                                                                      last three years of ownership. So 11/13 of the
£20,000 will be subject to a tax charge of          For example in a situation where, on marriage, each           gain will be exempt from capital gains tax. If, two
20% if they change their normal, ongoing            party owns his or her own property, an election can           years later, he sells the London flat and moves
regular pension savings that were being             be made within two years of the marriage as to which          elsewhere, the whole of that gain will be exempt.
made prior to 22nd April 2009. Payments             residence is the main qualifying one. As many couples
had to be made at least quarterly to count          are unaware of the need for an election to be made,         The main residence exemption can be complex and
as regular, new salary sacrifice arrangements       they miss the cut off date. In that situation HMRC and      often causes a good deal of misunderstanding.
made after 22nd April will not be effective.        not the couple have the right to decide which property
                 There is also a new                is exempt based on the facts presented.                     This article only deals with one aspect. There are
                   protected allowance of                                                                       further considerations such as:
                     £30,000 for infrequent         Is it ever possible for two properties to be                •	 selling off part of the garden;
                       contributions such           eligible for exemption?                                     •	 restricting the exemption on properties with large
                         as annual designed                                                                        grounds;
                           to be fairer to          The answer is potentially yes because where an
                                                                                                                •	 using part of the property for another purpose; and
                              individuals such      owner does actually reside in more than one property
                                                                                                                •	 letting out part/the whole of the property for
                                as the self         for some time during the period of ownership, the
                                                                                                                   periods during ownership.
                                  employed.         last three years of ownership is generally treated as
                                                    exempt as well as any period of actual occupation as        It is strongly recommended that you contact us for
                                                    a main residence. In some cases that will mean that         further advice before carrying out transactions in
                                                    the entire gain on both residences is exempt.               property.
                                                                                     Last chance
Increasing                                                                           saloon

the flow
                                                                                     HMRC have now published details of
                                                                                     the new disclosure initiative, announced
                                                                                     provisionally in the Budget 2009. This
                                                                                     'New Disclosure Opportunity' (NDO) is
                                                                                     aimed at taxpayers who have undeclared
                                                                                     income and gains from offshore accounts
                                                                                     and assets. An incentive of capping any
                                                                                     additional penalty at 10% is offered in
Effective cashflow management is              orders. Giving your suppliers          exchange for full voluntary disclosure and
as critical to business survival as           incentives such as large or regular    settlement of any tax liabilities. In fact no
providing services or products. Below         orders may help but make sure          penalty will apply where the outstanding
are some of the key methods to                you have a market for the orders       tax does not exceed £1000.
help reduce the time gap between              you are placing.
expenditure and receipt of income.                                                   A previous opportunity in 2007 that
                                            •	 Alternatively consider reducing       allowed taxpayers to settle tax arrears on
Customer management                            stock levels and using just-in-time   undeclared offshore income also attracted
                                               systems.                              an additional penalty of only 10%. At
•	 Define a credit policy that clearly
   sets out your standard payment           Asset management                         the time of that amnesty, HMRC wrote
   terms.                                                                            to certain taxpayers offering the 10%
                                            Buying plant such as                     rate as a result of information they had
•	 Issue invoices promptly.                 equipment and vehicles                   managed to obtain about account holders
                                            outright can result in a huge            of offshore bank accounts with five of the
•	 Consider offering discounts for          drain on cash so consider                High Street banks (Lloyds TSB, HBOS,
   prompt payment.                          alternatives such as leasing or          HSBC, Barclays and RBS). The potential
                                            buying them on hire purchase.            threat of being found out prompted tens
•	 Compile an aged debtor list to                                                    of thousands of individuals to disclose
   identify specific invoices that are      If you are VAT registered                with a resulting yield of £400m to HMRC.
   overdue.                                 and you do decide to buy
                                            a major piece of plant,                  So why a second opportunity?
•	 Implement a process for chasing          consider buying at the
   outstanding payments - this could        end rather than the start                HMRC and other foreign tax authorities
   involve a reminder letter, followed      of a VAT period. This can                have worked hard over the last few years
   by a telephone call.                     improve cashflow because                 to increase co-operation in an attempt to
                                            the VAT outlay on such                   further reduce tax evasion. It is reported
•	 Calculate the “debtor days” so that      purchases, which is generally            that HMRC now have authority to seek
   you can monitor your business’s          recoverable, can then be set             information about offshore assets and
   overall performance in collecting        against the VAT you need to              accounts from a much wider range and
   debts month by month.                    account for on your sales, thus          volume of financial institutions (other
                                            reducing the net VAT liability           banks, building societies and brokers)
•	 Consider exercising your right to        payment.                                 than previously. This increases the odds
   charge penalty interest for late
                                                                                     in their favour of identifying undeclared
   payment.                                 Taxation management                      income and gains.
•	 Negotiate deposits or staged             You may be liable for several
   payments for large contracts.            different taxes including PAYE,
                                                                                     Higher penalties
                                            income tax, corporation tax and          The 10% penalty restriction will not apply
•	 Sell your invoices to a third party in   VAT. It is essential to keep good        to those to whom either HMRC or the
   return for a percentage of the total.    records to help you calculate your       banks wrote in 2007 and who chose not
                                            liability and complete your returns      to disclose at that time. Instead those
Supplier management                         accurately. This is vital not only for   individuals who now make a full disclosure
Considering alternative suppliers who       cashflow management but to avoid         will attract a penalty of 20%.
may provide goods or services at a          further costs in the form of HMRC
lower cost is not always beneficial         penalties!                               If a taxpayer does not disclose it is clear
to the business. Cost reviews are                                                    that HMRC intend to use the full extent
of course essential to ensure the           A Business Payment Support Service       of their enhanced powers to identify
business is spending its money              (BPSS) has been launched by              defaulters and to vigorously pursue all
competitively. Information about lower      HMRC to help businesses                  outstanding liabilities. In such cases the
costs can be used as a negotiating          struggling to meet tax, national         minimum penalty level is expected to be
tool with existing suppliers but service    insurance or other payments              30% rising potentially to 100%.
and quality are also key aspects of         owed to HMRC. HMRC staff will
supplier management.                        review your situation and discuss        The NDO will run from 1 September 2009
                                            temporary instalment payment             until 12 March 2010. However taxpayers
It is no good for example changing          arrangements tailored to your            need to notify their intention to disclose by
telephone suppliers if the level of         business circumstances.                  30 November 2009.
service causes business disruption.
Instead consider the following:             If you are concerned that you            The actual disclosure must then be
                                            may not be able to pay amounts           submitted:
•	 Negotiate better terms of                that are owed or will soon be owed
   settlement with suppliers.               to HMRC, you can either contact          •	 on paper between 1 September 2009
                                            the BPSS direct or contact us for           and 31 January 2010 or
•	 Discuss with your key suppliers          assistance on how it can operate.
   ways to reduce overall costs                                                      •	 electronically from 1 October 2009 to
   through the size or timing of                                                        12 March 2010.
Getting your chips for free
The payment of subsistence expenses is a              However, many industries, conscious of cost
frequently misunderstood area that affects all        control and to ensure consistency amongst
sizes and forms of business. Getting it wrong can     employees, rather than reimburse actual costs
be costly for both employee and employer.             prefer to use standard meal allowances in their
                                                      expense policies and therein lies the potential
The first step is to ensure that subsistence costs    hazard! Without prior agreement with HMRC
are attributable to business travel. A critical       such payments are likely to be treated as round
concept is that such costs are necessary and          sum expense allowances and therefore additional
that additional costs are actually incurred during                                                         •	 the employee should have incurred a cost on a
                                                      pay. This would then attract both income tax and
the course of a journey or whilst at a temporary                                                              meal (food and drink) after starting the journey
                                                      National Insurance Contributions (NICs).
workplace.                                                                                                    so if an employee does not buy a meal or
                                                                                                              takes a packed lunch from home there is no
                                                      So how can we ensure these
HMRC's own guidance states "Once it is                                                                        entitlement to a tax and NIC free payment.
accepted that the employee has incurred
                                                      payments are tax and NIC free?
                                                                                                           If a business wants to pay scale rates to its
allowable subsistence expenses, you do not            Earlier this year HMRC introduced an advisory        employees it can only do so tax and NIC free
need to take into account the costs saved as a        system of benchmark scale rates for subsistence      if it has a HMRC dispensation. We can assist
result of the business travel. For example, if the    payments. The aim being to give a measure of         you in making such an application or when
employee needs to eat in a restaurant while on a      certainty and consistency between businesses.        relevant, reviewing your existing dispensation
business trip you can permit a deduction for the      Employers can use this to make subsistence           arrangements.
full cost of the meal and should not make any         payments to employees who incur allowable
adjustment for the costs saved by not eating at       business travel expenses free of tax and NICs.       The benchmark rates
home".
                                                      The advisory system which was implemented
                                                      on 6 April 2009 covers benchmark scale rates           Qualifying travel period            Amount
                                                      for day subsistence payments. If an employer                                                (up to)
                                                      wishes to pay subsistence to employees who             At least five hours – the one          £5
                                                      have to stay overnight they can either reimburse       meal rate
                                                      the actual cost incurred by the employee or
                                                      agree a tailored scale rate to cover meals and         At least ten hours – the one           £10
                                                      other expenses in a dispensation with HMRC.            or more meal rate

                                                      What conditions apply?                               There are also breakfast and late evening meal
                                                                                                           rates for use in exceptional circumstances only.
                                                      The key qualifying conditions are:                   These are not intended for employees with
                                                                                                           regular early or late work patterns and conditions
                                                      •	 the travel must be in the performance of an
                                                                                                           are specified.
                                                         employee’s duties or to a temporary place of
                                                         work;                                             Please contact us for further information if you
                                                      •	 the employee should be absent from his normal     consider this may be of interest to you.
                                                         place of work or home for a continuous period
                                                         in excess of five or ten hours; and




Ten step guide to preventing and detecting fraud
The risk of fraud to businesses is       3. Consider which areas of your             also include other key areas.       9. Watch out for any notable
at its greatest in times of economic        organisation could be at risk,           For example, ordering goods,           change in cashflow when an
downturn. Big companies can be              then plan and implement                  stock control and despatch in a        employee is away from the
badly shaken by fraud; small ones           appropriate defences.                    business where stock includes          office, for example on holiday or
can be destroyed.                                                                    attractive consumer goods.             through sickness. This could be
                                         4. Target the areas where most of
                                                                                                                            an indicator of fraud.
Given the wide range of fraud that          your revenue comes from and          6. Always retain a degree of
can be committed, what steps                where most of your costs lie.           control over the key accounting      10. Prepare budgets and monthly
could you take to minimise the risk         Develop some simple systems             functions of your business. Do           management accounts
of fraud being perpetrated within           of internal control to defend           not pre-sign blank cheques               and compare these against
your organisation?                          these areas. Effective controls         other than in exceptional                your actual results so that
                                            include:                                circumstances and ensure that            you are aware of variances.
Consider these top ten tips for                                                     the corresponding invoices are           Taking prompt investigative
                                             – segregating duties
detecting and preventing fraud.                                                     presented with the cheques.              action where variances arise
                                             – supervision and review                                                        could make all the difference
                                                                                 7. Be on the lookout for unusual
1. Begin by recruiting the                                                                                                   by closing the window of
                                             – arithmetical checks                  requests from staff involved in
   right people to work in your                                                                                              opportunity afforded to
                                                                                    the accounting function.
   organisation. Make sure that              – accounting comparisons                                                        fraudsters.
   you check out references                                                      8. Watch out for employees who
                                             – authorisation and approval                                                If you require any assistance in
   properly and ensure that any                                                     are overly protective of their
                                                                                                                         protecting your business please
   temporary staff are also vetted,          – physical controls and counts.        role - they may have something
                                                                                                                         contact us.
   particularly if they are to work in                                              to hide. Similarly watch out for
   key areas.                            5. Wherever possible avoid having          disaffected employees who
                                            only one person responsible for         might be bearing a grudge or
2. Ensure that you have a clear
                                            controlling an entire area of the       those whose circumstances
   policy that fraud will not be
                                            organisation.                           change for the worse or
   tolerated within the organisation
                                                                                    inexplicably for the better!
   and ensure that this is                   This in particular includes the
   communicated to all staff.                accounting function but will
Terminal tax                                                         Out with the old…
advances...
Sitting at your computer terminal
to do your online tax filing will
                                                                     in with the NEW
become an everyday feature for
                                                                     If your business van reminds you of the era of 'Steptoe and Son' or 'Only Fools and Horses'
all sizes and forms of business
over the next two to three                                           maybe it's time to take advantage of a government backed incentive scheme, which is
years. Certain returns made                                          aimed at trading in old vehicles for new lower emission ones.
by larger businesses already
have a compulsory online filing                                      The scheme is available for personal and business                                              The new vehicle you want to buy must be:
requirement but this is gradually                                    purchases and applies to cars as well as vans. The
being extended across the taxes                                                                                                                                     •	 a car or small van weighing up to 3.5 tonnes
                                                                     incentive comes in the form of a £2,000 subsidy -
to all businesses.                                                   £1,000 per vehicle from the Department for Business,                                           •	 first registered in the UK on or after the 18 May
                                                                     Innovation and Skills, matched by a further £1,000                                                2009
PAYE                                                                 subsidy from the manufacturer. No subsidy is available                                         •	 declared new at first registration in the UK with no
                                                                     at all if the manufacturer has not joined the scheme                                              former keepers
The online filing rules here
                                                                     but as 41 have joined there is plenty of choice. Some
depend on whether the business                                                                                                                                      •	 a UK specification vehicle.
                                                                     manufacturers and dealers are even offering an
has more or less than 50
                                                                     additional subsidy or discount.                                                                When trading in your old vehicle for a new vehicle the
employees. A business with more
                                                                                                                                                                    registered keeper for both vehicles must be the same.
than 50 employees is already
                                                                     Are you eligible?
filing the Employer Annual                                                                                                                                          Prompt action is recommended to take advantage
Return online, (the forms P35                                        The vehicle being traded in must:                                                              before the £300 million of funds set aside run out!
and P14s). In addition there is                                                                                                                                     Even if the funds last, they are only available until
a requirement to file certain ‘in                                    •	 be a car or small van weighing up to 3.5 tonnes                                             28 February 2010. Please contact us if you would like
year forms’ online - such as the                                                                                                                                    information on the VAT and capital allowance aspects
                                                                     •	 have been registered in the UK on or before
relevant parts of a P45 or a P46.                                                                                                                                   of any proposed new purchases.
                                                                        31 August 1999
These forms are used when an
employee leaves or starts.                                           •	 be registered with the DVLA or DVA in the
                                                                        business's or individual's name
For a business with fewer than 50
employees, the end of 2009/10                                        •	 have been registered to you or the business
will mean compulsory filing for                                         continuously for 12 calendar months before the
the first time of the Employer                                          order date of the new vehicle
Annual Return. Compulsory                                            •	 have a UK address on the registration
online filing of the ‘in year forms’                                    certificate (V5C)
will then apply from 6 April 2011.
                                                                     •	 have a current MOT test certificate
VAT                                                                     before the date of order for the
                                                                        new vehicle (or within 14 days of
If turnover is more than                                                expiry at the time of order)
£100,000, you will have to file
your VAT return online and pay                                       •	 have a current tax disc when
electronically for accounting                                           the order for the new vehicle is
periods that start on or after                                          placed (or within 14 days of expiry
1 April 2010. This will also apply                                      at the time of order)
for any new VAT registrations on
                                                                     •	 be insured when the order for the new vehicle
or after 1 April 2010, regardless
                                                                        is placed.
of the turnover.

Corporation Tax
From 1 April 2011, for any
accounting period ending after
                                                                      Fundraising help from HMRC!
31 March 2010, all companies will                                     Gift Aid is a way for charities or                            •	 apply to HMRC to make Gift Aid                              income. We have worked with
be required to file the company                                       Community Amateur Sports Clubs                                   repayment claims                                            charities to develop the toolkit
tax return (including supporting                                      (CASCs) to increase the value of                                                                                             which should reduce administrative
documentation) online.                                                monetary gifts from UK taxpayers                              •	 understand the rules of the Gift                            burdens. Our aim is to make
                                                                      by claiming back the basic rate tax                              Aid scheme                                                  Gift Aid easy for all charities and
Whilst the change is some way                                         paid by the donor. It can increase                                                                                           Community Amateur Sports
away, it's a good idea to consider                                                                                                  •	 fill in the Gift Aid repayment
                                                                      the value of donations by a quarter                                                                                          Clubs by providing the tools and
whether your software will be                                                                                                          forms
                                                                      at no extra cost to the donor.                                                                                               guidance to help them at every
able to handle the new Extensible                                                                                                                                                                  step”.
Business Reporting Language                                                                                                         •	 understand what records you
                                                                      Gift Aid is worth nearly £1 billion a
(XBRL) data format, particularly                                                                                                       need to keep.
                                                                      year to charities and their donors.                                                                                          The toolkit can be obtained by
if you are thinking of investing in                                                                                                 David Richardson Director of                                   calling HMRC Charities on 08453
new software in the near future.                                      HMRC Charities have a ‘Gift Aid                               Charities, Assets and Residence at                             020 203 or emailing charities@
                                                                      Toolkit’ on CD-ROM to help your                               HMRC said:                                                     hmrc.gov.uk
If you would like further                                             charity or CASC run an effective
information on how we can assist                                      Gift Aid scheme. The toolkit offers                           “I hope that the toolkit will
with online filing, do contact us.                                    a beginner’s guide to the Gift Aid                            encourage more charities -
                                                                      scheme and provides a step-by-                                especially the smaller ones - to
                                                                      step guide to help you:                                       take up Gift Aid and boost their

Disclaimer - for information of users: This newsletter is published for the information of clients. It provides only an overview of the regulations in force at the date of publication, and no action should be taken without consulting the detailed
legislation or seeking professional advice. Therefore no responsibility for loss occasioned by any person acting or refraining from action as a result of the material contained in this newsletter can be accepted by the authors or the firm.

						
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