Post Office convictions quashed

Convictions of hundreds of postmasters have been quashed following Royal Assent of the Post Office (Horizon System) Offences Act 2024.

Many postmasters endured financial ruin, the loss of homes, livelihoods, reputation and some even lost their lives as a result of the Horizon IT Scandal which is one of the greatest miscarriages of justice in our history.

Following Royal Assent on 24 May, all convictions in England, Wales and Northern Ireland will now be quashed providing they meet the following criteria: 

  • Prosecutions were brought about by the Post Office or CPS (or in Northern Ireland, the state prosecutor or the police).
  • Offences were carried out in connection with Post Office business between 1996 and 2018.
  • Were for relevant offences such as theft, fraud and false accounting.
  • Were against sub-postmasters, their employees, officers, family members or direct employees of the Post Office working in a Post Office that used the Horizon system software.
  • The conviction has not been considered by the Court of Appeal

This clears their names, delivers justice, and ensures swifter access to the financial redress they deserve.

Postmasters will be written to in the coming weeks as the process for notifying them of their overturned convictions commences. An open letter to postmasters to set out next steps has also been published today.

The Department for Business and Trade continue to work on the new Horizon Convictions Redress Scheme for those who have had their convictions quashed by today’s legislation. This will be fully operational by the summer.

Source:Other | 27-05-2024

View your annual tax summary

The Annual Tax Summary is a document provided by HMRC that shows details of the tax you pay and how this is used by government.

The Annual Tax Summary shows:

  • your taxable income from all sources that HMRC knew about at the time that it was prepared;
  • the rates used to calculate your Income Tax and National Insurance contributions; and
  • a breakdown of how the UK government spends your taxes – this makes government spending more transparent.

HMRC makes it clear that the tax summaries are for information purposes only and neither taxpayers nor agents should take any action based on the contents of the summary. The summaries are available online via the Government Gateway.

Taxpayers cannot access an Annual Tax Summary if they have paid no income tax or if information is outstanding. The Annual Tax Summary might also be different from other HMRC tax calculations because a taxpayer's circumstances have changed, or sources of income were not included.

Source:HM Revenue & Customs | 20-05-2024

Tax when transferring assets during divorce

When a couple is separating or is divorced it is unlikely that they are thinking about the tax implications of their actions. However, apart from the emotional stress, there are also tax issues that can have significant implications.

The Capital Gains Tax (CGT) rules that apply during separation and divorce changed for disposals that occur on or after 6 April 2023. These changes extended the period for separating spouses and civil partners to make "no gain/no loss transfers" up to three years after they cease living together. The changes also provide for an unlimited time if the assets are the subject of a formal divorce agreement. Prior to this change, the no gain/no loss treatment was only available in relation to disposals in the remainder of the tax year during which the separation occurs.

There are also special rules that apply to individuals who have maintained a financial interest in their former family home following separation and that apply when that home is eventually sold. This allows for private residence relief (PRR) to be claimed when a qualifying property is sold.

It is also important, during divorce proceedings, to make a financial agreement that is acceptable to both parties. If no agreement can be reached, then proceeding to court action to make a 'financial order' will usually be required.

Accordingly, the couple and their advisers should give proper thought to what will happen to the family home, any family businesses as well as the inheritance tax implications of separation and / or divorce.

Source:HM Revenue & Customs | 20-05-2024

VAT reverse charge for builders

There are special VAT reverse charge rules for certain building contractors and sub-contractors. The rules, which came into effect on 1 March 2021, makes the supply of most construction services between construction or building businesses subject to the domestic reverse charge. The reverse charge only applies to supplies of specified construction services to other businesses in the construction sector.

The charge applies to standard and reduced rate VAT services:

  • for businesses who are registered for VAT in the UK; and
  • reported within the Construction Industry Scheme.

This means that where the rules apply, sub-contractors no longer add VAT to their supplies to most building contractor customers. Instead, contractors are obliged to pay the deemed output VAT on behalf of their registered sub-contractor suppliers. This is known as the VAT domestic reverse charge.

Please note, contractors who make the domestic reveres charge payments for their sub-contractors can, in most circumstances, claim the same amount on their VAT return as input VAT. Consequently, there is no cash flow effect; just the hassle of making sure the accounting entries are dealt with correctly.

The VAT domestic reverse charge applies to the following services:

  • constructing, altering, repairing, extending, demolishing or dismantling buildings or structures (whether permanent or not), including offshore installation services;
  • constructing, altering, repairing, extending, demolishing of any works forming, or planned to form, part of the land, including (in particular) walls, roadworks, power lines, electronic communications equipment, aircraft runways, railways, inland waterways, docks and harbours, pipelines, reservoirs, water mains, wells, sewers, industrial plant and installations for purposes of land drainage, coast protection or defence;
  • installing heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection systems in any building or structure;
  • internal cleaning of buildings and structures, so far as carried out in the course of their construction, alteration, repair, extension or restoration;
  • painting or decorating the inside or the external surfaces of any building or structure; and
  • services which form an integral part of or are part of the preparation or completion of the services, including site clearance, earth-moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works.
Source:HM Revenue & Customs | 20-05-2024

Reporting expenses and benefits to HMRC

The deadline for submitting the 2023-24 forms P11D, P11D(b) and P9D is 6 July 2024. These forms can be submitted using commercial software or via HMRC’s PAYE online service. HMRC no longer accepts paper P11D and P11D(b) forms. Employees must also be provided with a copy of the information relating to them on these forms by the same date. P11D forms are used to provide information to HMRC on all Benefits in Kind (BiKs), including those under the Optional Remuneration Arrangements (OpRAs) unless the employer has registered to payroll benefits.

Payrolling benefits removes the requirement to complete a P11D for the selected benefits. However, a P11D(b) is still required for Class 1A National Insurance payments regardless of whether the benefits are being reported via P11D or payrolled. The deadline for paying Class 1A NICs is 22 July 2024 (or 19 July if paying by cheque).

Where no benefits were provided from 6 April 2023 to 5 April 2024 and a form P11D(b) or P11D(b) reminder is received, employers can either submit a 'nil' return or notify HMRC online that no return is required. Employers should ensure that they complete their P11Ds accurately, including all the details of cars and loans provided.

There are penalties of £100 per 50 employees for each month or part month a P11D(b) is late. There are also penalties and interest if for late payments of Class 1A NIC.

Any tax or National Insurance due for 2023-24 under a PAYE Settlement Agreement (PSA) needs to be paid electronically to clear into HMRC’s bank account by 22 October 2024 (19 October 2024 for payments by cheque). This does not need to be reported on a P11D form.

Source:HM Revenue & Customs | 20-05-2024

Tax credits reminder

We would like to remind our readers that HMRC is currently sending the annual tax credit renewal packs to 730,000 tax credit claimants. HMRC is encouraging recipients to renew their tax credits claim online. HMRC started writing to taxpayers on 2 May 2024 and expects all packs to be with recipients by the 19 June 2024. 

Renewal packs with a black stripe across the front page are automatically renewed. However, taxpayers must inform HMRC of any changes in circumstances not already reported during the year such as new working hours, different childcare costs or changes in pay.

A renewal is required if the pack has a red stripe across the first page and it says, 'reply now'. Families and individuals that receive tax credits should ensure that they renew their tax credit claims by 31 July 2024. Claimants who do not renew on-time may have their payments stopped. Around 10,000 taxpayers are expected to receive the packs with a red stripe and can renew their tax credits via GOV.UK or on HMRC’s app.

Universal Credit is expected to fully replace tax credits, and other legacy benefits (including Income-Related Employment and Support Allowance, Income-Based Jobseeker’s Allowance) by 5 April 2025. This means that claimants who receive tax credits will receive a letter from the Department for Work and Pensions (DWP) or the Department for Communities if they live in Northern Ireland telling them about the move to Universal Credit. This letter is called a Migration Notice and taxpayers are urged not to ignore it.

Source:HM Revenue & Customs | 20-05-2024

Changes to Companies House Fees

There have been a number of significant changes in Companies House fees. These changes took effect on 1 May 2024. The last significant change in fees occurred in April 2016. 

The new fees have been calculated on a ‘cost recovery’ basis meaning that the fees are calculated based on what it costs to provide the services in question. Companies House state that they do not make a profit on their fees. 

Companies House guidance entitled Companies House fees has been updated to reflect all the changes. Companies House have said that the new fees will help ensure adequate funding going forward to recover costs incurred as well as to help fund the cost of new powers introduced as part of The Economic Crime and Corporate Transparency (ECCT) Bill. 

Prices shown below are some of the main changes that took effect from 1 May 2024: 

Transaction

New fee

Old fee

Incorporation Digital

£50

£12

Incorporation (same day) Software

£78

£30

Incorporation Software

£50

£10

Incorporation Paper

£71

£40

Confirmation statement Digital

£34

£13

Confirmation statement Paper

£62

£40

Change of name Paper

£30

£10

Change of name (same day) Digital

£83

£30

Change of name Digital

£20

£8

Registration of a charge Paper

£24

£23

Registration of a charge Digital

£15

£15

Voluntary strike off Paper

£44

£10

Voluntary strike off Digital

£33

£8

Registration of an overseas entity Digital

£234

£100

The full list of changes can be found in the guidance mentioned above at https://www.gov.uk/government/publications/companies-house-fees/companies-house-fees

Source:Companies House | 20-05-2024

Childcare funding for under 9-month-olds

In a recent press release the Department for Education confirmed that parents of children from 9 months old can now apply to access government-funded childcare from September 2024, as England’s largest ever childcare expansion continues.

From 12 May 2024, eligible working parents of children who will be 9 months old by 31 August can apply to access 15 hours of funded childcare a week – set to benefit hundreds of thousands of families across the country.

This is the second step in the government’s long-term plan to support hard-working parents to balance their family and career. As the successful launch of the offer in April demonstrates, this plan is working.

Since the launch of the offer, 211,027 two-year-olds are already benefitting from government-funded places, providing parents with financial support to return to work or increase their hours and kick-starting the government’s commitment to grow the economy through affordable access to quality childcare.

Working parents whose children will be aged between 9-months and 23-months old on 31 August 2024 can apply for their government-funded childcare code via the childcare service, which they then take to their chosen childcare provider to validate. 

In this next stage, the historic rollout will deliver direct government support with childcare costs from the term after their child turns 9 months old, until they start school. By September 2025, support will increase to 30 government-funded hours a week, saving families an average of £6,900 per year.

Source:Other | 19-05-2024

Universal Credit changes

Universal Credit claimants working less than half of a full-time week will have to look to increase their hours but will be able to benefit from extra work coach support. These changes will see 400,000 Universal Credit claimants receive more help to progress in work.

The changes come as the PM announces once in a generation welfare reforms to help people find work, boost their earnings, and grow the economy.

Before 2022, someone could work only nine hours a week and remain on benefits without being expected to look for more work.

The latest rise in the Administrative Earnings Threshold (AET) means someone working less than 18 hours – half of a full-time week – will have to look for more work.

These Universal Credit claimants will move into the ‘Intensive Work Search group’, meeting with their work coaches more regularly to plan their job progression, boost their earnings and advance the journey off welfare altogether.

Combined with previous increases, 400,000 claimants are now subject to more intensive Jobcentre support – and with that the expectation that those who can work must engage with the support available or face losing their benefits.

The move comes as last month the Prime Minister announced a once in a generation package of welfare reforms to help thousands more people benefit from employment, building on the Government’s £2.5 billion Back to Work Plan providing extra help to over a million people to break down barriers to work.

Source:Other | 19-05-2024

Deferring National Insurance payments

Employees with more than one job may be able to defer or delay paying Class 1 National Insurance in certain circumstances.

This deferment can be considered when any of the following apply:

  • You pay Class 1 National Insurance with more than one employer.
  • You earn £967 or more per week from one job over the tax year.
  • You earn £1,209 or more per week from 2 jobs over the tax year.

This deferral could result in NIC deductions at a reduced rate of 2% on your weekly earnings between £242 and £967 in one of your jobs, instead of the standard rate of 8%.

HMRC will check if you have paid enough National Insurance at the end of the tax year and will write to you if you have underpaid contributions.

Most self-employed people are also required to pay Class 4 NICs. It used to be possible to defer these contributions, but that is no longer the case. You may be able to claim a refund for previous tax years.

Source:HM Revenue & Customs | 13-05-2024