October's a busy month for tax...

October isn't a month normally associated with big important dates as far as direct taxes are concerned, however this year looks like its going to be a little different.

 

Yes, there are the usual deadlines we see every October, the need to notify HM Revenue & Customs of new sources of income by the 5th October, and the filing of paper tax returns by the 31st October, but what else is there?

 

Well this month has seen the end of HM Revenue & Customs amnesty for those with unsubmitted tax returns in years prior to 2011.  After this Tuesday HMRC will use its legal powers to pursue those who have failed to submit self-assessment forms and have tax payments outstanding.  Letters have been sent to those who have gaps in their returns records, the amnesty was aimed primarily at higher-rate taxpayers.

 

So what else do we have, well we see the continued introduction of the new style of penalties for non-submission of tax returns, so that 31st October deadline will have some added significance this year.  Previously this only meant a £100 fine, but that has now escalated (with daily charges) to a possible maximum of £1,200!  Of course, if you can get online to submit your return you should still be able to avoid this if you file before the end of January.  This does not just apply to individuals, but to trustees as well.  Make sure you're not caught out...

Paying too much tax, or just don't think you should be?

Paying tax is something that none of enjoy doing (or at least I have yet to meet someone who does!), but in certain circumstances you could find yourself paying tax unecessarily, or where you are owed tax back from Her Majesty's Revenue & Customs you've drawn a blank on how to go about it.  Well, here are a few simple tips to help you along the way...

If you have paid tax that you shouldn't have done, perhaps having it deducted from bank interest even though you're a non-taxpayer, or perhaps you're retired, or the income arising belongs to a minor, you don't need to do a self-assessment tax return to reclaim it.  It is possible to fill and file a much simpler repayment claim, called a form R40, which can be found here http://bit.ly/QIn8QI along with full guidance on what to do.

To prevent yourself having to go through this process every year, if the tax issue you have does relate to bank interest (or similar) you can complete a form R85, which can be found here http://bit.ly/NAYUb4 again along with full guidance.  This will stop your bank from deducting the tax in the first place and allow them to pay your interest gross going forward.

If it seems that your having more tax taken out of your earnings or pension than seems right, its worth checking what tax code your employer/pension provider is using.  Firstly does it match up to the one HMRC have sent to you?  If so then check that the code issued by HMRC is correct.  Some guidance about tax codes can be found here http://bit.ly/egCDn.  If something seems amiss, make sure you notify HMRC straight away, and ensure that whoever is deducting tax from your earnings uses the right code going forward.  Provided this is done during the tax year in question then the matter should resolve itself without the need for further action.

Finally, a word of caution.  Possibly you've recently received a tax refund from HMRC, on this I would caution that you treat it warily.  In recent months HMRC have been doing a lot of work to correct the errors made in peoples tax codes (which can affect the amount of tax deducted from your salary, or pension if retired).  What they do not seem to have been doing is marrying that up the taxpayer's self-assessment record.  I have over the last 12 months had clients who have received a tax refund as a result of the tax returns I have completed for them, only to receive a very similar refund from HMRC later in the year.  Eventually HMRC will ask for this back as you've been refunded for the same thing twice, only they'll also ask for interest at a punitive rate.  So always check first before you run off and spend that refund cheque!

This is by no means an exhaustive list of the issues that can arise, but are some of the more common ones that I find clients experiencing.  If you need any assistance, please contact me at HCB Solicitors.

HMRC: A case of Jekyll and Hyde?

Her Majesty's Revenue & Customs (HMRC) have certainly been busy this month, announcing new amnesties and issuing penalties in an approach more akin to the tale of Jekyll and Hyde than the usual manner of the tax authorities.  Lets take a review of some of the last months edicts from HMRC.

 

New style penalties have been issued to around half a million tax payers in the last month for those who still haven't filed their 2010/11 tax returns.  New penalties were introduced in April 2011 to boost the incentive to file and reduce the costs to taxpayers of chasing up missing forms. As a result, anyone who ignores their Self Assessment filing obligations is now liable to higher penalties than in previous years.

 

The penalties issued this month will be for a minimum £1,200, comprising:

• the maximum £900 in daily penalties for non-filing
• a further late-filing penalty of £300 or 5 per cent of the tax due (whichever is higher).

People who receive a late-filing penalty can appeal against it if they think they have a reasonable excuse for not sending their tax return; for example, a family illness or bereavement.

 

On the flip side of HMRC's personality we see a tax amnesty for those having not filed their tax returns for 2009/10 and earlier years.  If HMRC have sent you a Self Assessment tax return or notice to complete a tax return for 2009-10 or earlier and you have not yet taken any action, HMRC are offering you a quick and straight forward way to bring your tax affairs up to date. There is also a dedicated telephone helpline to support you, which can be found here http://www.hmrc.gov.uk/campaigns/tri.htm .

 

So, we see HMRC really hitting hard those who have still not filed their tax returns for 2010/11 (which should have been filed by 31 January 2012), but seemingly letting off the hook those that have reneged in earlier years.  An odd approach to take, and you may call me a cynic, but it does make sense from HMRC's point of view.  The 2010/11 defaulters are easier to identify and the potential penalties are far greater, whereas the older late filing issues have very minimal penalties attached to them.  So, what we are seeing here with HMRC is a combination of a very commercial attitude towards risk and return (something that has been evident in the corporate world of tax for some time) seeping into the domain of personal tax, whilst offering a carrot to those that offer a lower reward to chase down.

 

N.B. Should any of the above affect you, I'd be more than happy to offer advice and assistance.

Quantifying the IHT Problem...

Inheritance Tax is a fraught subject, covered by most of the national and local media, and a subject that gives people sleepless nights in their later years.  Given that, just how big is the "Inheritance Tax Problem" and why do we worry so much about it?

At present it is estimated that more than four million people in Britain are exposed to, and therefore potentially liable for Inheritance Tax (IHT).  HM Revenue & Customs have released figures suggesting that the average IHT bill is around £60,000 per estate and that IHT receipts increased by 14% in 2010/11.  When this is looked at in the context of rising inflation against a Nil Rate Band (the amount of assets you can have before IHT becomes payable) currently frozen at £325,000 until at least 2015/16, one can see that IHT will only prove to be a growing problem for the general population.

If this is the case, why are so many people reticent to do anything about their exposure to IHT.  The reasons can be many any varied, ranging from not wanting to face one's mortality though to simply not being bothered, or to quote a former Chancellor of the Exchequer "Inheritance Tax is a voluntary levy paid by those who distrust their heirs more than they dislike the Inland Revenue".

There are however some more serious and valid reasons which generally centre around the preception that advice is expensive, and/or complicated, or that you're unsure of what you can reasonably afford to give away, or are perhaps concerned about losing control of your assets.  It is these areas where getting proper, qualified advice is invaluable, as it certainly isn't as expensive as people perceive, and if you are getting good advice from specialists in the subject there is no reason why it should be complicated either.

Care home fees, property trusts and protecting your assets

Asset protection trusts are being heavily marketed at inflated prices as organisations cash in on the current trend for people to protect their assets and ensuring their families don’t get hit by later life care home fees.  These groups are selling the trusts on the basis that solicitors’ trust handling fees are expensive.

In fact, solicitors fees in most cases are half the £3,000 plus VAT fee charged by some organisations, who also then insist on being appointed as their trustee and demanding an annual payment of around £200 plus VAT for the privilege.  Even certain large charities that cater for the elderly have been drawn in by these organisations and are going on to recommend them to their target groups.

Another issue that can arise is that the client who is setting up the trust does not usually have the power to later remove them as a trustee because the trust document only includes the statutory provisions which give that power to the trustees themselves.  This is something that I as a trust adviser always ensure my clients have the ability to do, so they are not tied to me or my firm for life, unfortunately some out there are not that scrupulous.

As more and more people seek to protect their assets and ensure that their families do not find themselves having to pay for their care home fees, trusts are becoming the popular way through.  Unfortunately, certain organisations are charging exorbitant fees for setting up the trusts and then making sure they can collect an ongoing annual fee to be a trustee – something which is not necessary at all.

Yes, setting up trusts can be complicated because each individual has a different set of circumstances to the next, but the benefits are that they give peace of mind by making sure there is a steady income for the whole family and a protection where expensive care home fees are concerned.  If you get the right advice, then there should not be any complications.  Therefore, it is always best to go through experienced legal firms to make sure all the complex issues are covered. Your adviser must ensure that you as their client understand the implications of setting up a trust, and that you are also properly assessed to ensure they are not creating a problem for yourself later down the line.

Unfortunately, non-lawyers are not always aware of the pitfalls and even if they are don’t necessarily pass that information on to the person they are advising on setting up the trust.

At HCB we do not insist that the client appoints us as trustees so there is no annual retainer fee and we only charge for work that has to be done such as a tax return every five years and that would be around £100. And we give the power to remove and appoint trustees to the person setting up the trust.

Our service, like many other solicitors, not only means that the client is talking to a legal expert, but costs them less money and is more transparent -  the exact opposite to how the get-rich-quick salesmen are portraying the legal profession.

This is however a growing fashion – the same issues surround DIY wills and internet divorces. The client will always be better off taking proper legal advice rather than taking off-the-shelf solutions and it will often cost a lot less in the long run.  Prevention is always better than cure, so take the right advice from the right people now, rather than trying to fix the problems created by unqualified advisers at a later point.

HCB Networking hits Lichfield

Well, continuing the theme from last month in the attempt to unite the Lichfield and Sutton Coldfield business communities the HCB networking bandwagon hit Lichfield today.  Michelle Dean and I again hosted another packed event, this time at Apres on Bird Street.

There was a slight deviation from last month's inaugural event, but only insofar as the apparent absence  of any mind readers this time round.  However, there was still a great buzz about the event with all of the professions in and around Lichfield well represented, with again around 30 delegates in attendance enjoying a light hearted quiz, good food and even better company.

Having held events in both locations now, it is clear that there is a hunger for this type of professional, yet slightly relaxed forum for local businesses and professionals to get together and discuss business, or anything else for that matter.  Feedback was again excellent, and Michelle and I look forward to seeing everyone again in Sutton Coldfield next month!

Next event is back at Don Diego's in Sutton Coldfield next month on Wednesday 11th July 12pm, we'd love to see you there!

Pensioners - Tax, Trusts and (some) Free Help!

There has been a noticeable increase in the number of pensioners re-organising their financial affairs in a more beneficial way since the Government announced the freezing of tax allowances for over-65s and over-75s.

Pensioners are not only worried about their own financial positions but they are anxious not to be a burden on their families. As we know, in the name of tax system simplification, from April 6 next year the Government is scrapping the age-related income tax personal allowance so those under 64 are no longer set for a boost at 65. Those 64, or 65-plus and currently getting extra tax-free income, will see their allowance frozen at 2012-13 levels. At the moment, pensioners aged over 65 can bank a larger income from state and personal pensions, employment - without paying any tax. Those between 65 and 74 can take home £9,940; those aged 75 can take £10,090.

The problem is pensioners will have planned their future finances with the age-related income tax personal allowances, now they have to think again.

There has also been a rise in the number of pensioner couples looking at trust funds to not only protect their own assets but those of their families as well as help in paying care home fees. Setting up trusts, although complicated, can make sure there is a steady income for the whole family but can also be a benefit in paying care home fees, a major drain on resources as we get older. 

I am part of the T.O.P. team in the UK, an independent free tax advice service for older people on low incomes who cannot afford to pay for professional advice. TaxHelp for Older People is a service originally provided by the Low Incomes Tax Reform Group but is now provided by Tax Volunteers, and through which pensioners with a household income less than £17,000 per year, qualify for free tax advice. I am finding that I am making an increasing number of home visits and attending more surgeries for those pensioners who meet the charity’s requirements as a result of these changes. There is no doubt that at whatever end of the economic spectrum the pensioners are, the Government’s move on tax allowances has caused a great deal of anxiety.

Pensioners are turning to professional advice and at HCB we can offer both legal and tax specialist help, avoiding the inconvenience of having to use two firms to get the service required.

Tax Credits Hell

You've all seen or heard the recent television or radio adverts encouraging you to renew your tax credits application before the end of July.  What you won't have heard about is the growing number of taxpayers who are being pursued by HMRC for overpayment of tax credits, in most cases running into thousands of pounds and usually as a result of an error by HMRC.

One particular mistake that can occur, and can greatly accelerate overpayment, relates to jobseekers allowance.  This is extremely relevant at present given the current econimic climate, and the high unemployment rate.  As you may, or may not, be aware there are two type of jobseekers allowance, the first is "contributions" based and is usually a low fixed amount, the other is "income" based or "means tested".  Unfortunately, HMRC's tax credits system doesn't differentiate between the two, and it is almost never explained by them.  So, very often if you have told HMRC that you are in receipt of jobseekers allowance you are treated as being in receipt of the "income" based benefit.  This basically overides the system and applies the maximum amount of tax credits to your claim.

I would like to say that this is the only area where errors can be made, but unfortunately that is not the case.  Tax credits as a system has always been flawed, and shows no signs of improving in the near future.  This gives rise to an issue that will not then surface for two to three years until HMRC figure out an overpayment has been made, following which they will usually pursue the claimant for repayment.  Therefore, should you find yourself in this position, the first thing you must do is dispute the overpayment and contact HMRC to find out the exact facts of your case.  These are not supplied upfront, and you will not be able to dispute the overpayment without them, so make sure you get all the relevant dates and figures before lodging your dispute.

Finally, its worth noting that HMRC are only keeping file notes on tax credits claims for three years, which is somewhat ironic given that the rest of us have to keep our tax records for at least six! 

Unity boost for Sutton and Lichfield businesses

An initiative uniting professional business communities and boosting entrepreneurship in Lichfield and Sutton Coldfield has been launched by a legal firm which has offices in both centres.

The HCB Solicitors group, which recently opened offices in Sutton and 12 months ago took over long-established Lichfield-based law practice Sharrotts, is aiming to bring professionals closer together to strengthen business in the two communities.

The project was kicked off with a networking event at Don Diego’s Spanish tapas restaurant in Sutton, attended by over 30 representatives from the legal, accounting, financial services and banking sectors.

Don Diego’s is a new business in Sutton and photographs were taken by David Boynton, who runs db Photographic, a fledgling company in the Walsall area, while local corporate entertainer Paul Brook, who performs a psychological/mind reading act, entertained the guests.

Steve Holden, tax director of the HCB Solicitors group, said: “From the reaction of the guests it was obvious this was a much-needed initiative. Bringing the professions together will strengthen the business communities and that’s a major benefit for companies in both centres.

“We see this as the first of a number of get-togethers at improving business relationships”.

Michelle Dean, a HCB director who helped organise the event, said: “The feedback was very encouraging. We were told in no uncertain terms by everyone who attended that they not only found it useful from a getting-to-know you perspective, but that getting all the professions to meet in informal surroundings was a positive move towards business unity.”

The next one is on Thursday June 14 at Apres in Lichfield and they will take place each month after that alternating between the two locations.

Happy New Tax Year

The 6th of April is here again, and as we look forward to a new tax year I thought I'd share a collection of quotes from famous names on the subject of tax.

Rob Knauerhase
Isn't it appropriate that the month of the tax begins with April Fool's Day and ends with cries of 'May Day!'?

Albert Einstein
[on filing tax returns] This is too difficult for a mathematician. It takes a philosopher.

Winston Churchill
There is no such thing as a good tax.

John Maynard Keynes

The avoidance of taxes is the only intellectual pursuit that carries any reward.

Plato 
When there is an income tax, the just man will pay more and the unjust less on the same amount of income.

Albert Einstein
The hardest thing in the world to understand is the income tax.

Winston Churchill
We contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle.

Calvin Coolidge
Collecting more taxes than is absolutely necessary is legalized robbery.

  

Will Rogers

The difference between death and taxes is death doesn't get worse every time Congress meets.

Roger Jones
I guess I think of lotteries as a tax on the mathematically challenged.

Mark Twain
The only difference between a tax man and a taxidermist is that the taxidermist leaves the skin.

Hope the New Tax Year brings you success and prosperity in 2012/13!