Newsletter – February 2019

Enews February 2019

In this month’s Enews we consider the unbelievable excuses taxpayers make for not filing their self assessment returns on time, consider advice from the Insolvency Service on protecting your pension pot and the latest post-Brexit Customs guidance. With the Making Tax Digital pilot now open to all eligible businesses there are lots of issues to update you on.

Businesses urged to prepare for post-Brexit Customs Declarations

HMRC is urging VAT-registered UK businesses which trade exclusively with the EU to be prepared for a no deal Brexit.

In a letter sent to 145,000 affected businesses, HMRC explains changes to Customs, Excise and VAT procedures in the ‘unlikely event’ that the UK leaves the EU without a Brexit deal.

HMRC’s letter advises businesses to take three actions ahead of ‘Brexit Day’ on 29 March 2019:

  • Register for a UK Economic Operator Registration and Identification (EORI) number.
  • Decide whether a customs agent will be used to make import and/or export declarations, or whether declarations will be made by the business via software.
  • Contact the organisation responsible for moving goods (for example, the haulage firm) in order to ascertain whether the business will need to supply additional information to complete safety and security declarations, or whether it will need to submit these declarations itself.

A report jointly published by HMRC and the National Audit Office (NAO) recently revealed that approximately 55 million customs declarations are currently made by British businesses every year. This figure may rise to 255 million when the UK leaves the EU.

HMRC intends to write to businesses in the future in order to instruct them on any additional actions they will need to take, and when. We will keep you informed of developments.

Internet links: GOV.UK publicationsHMRC letter NAO report

MTD for VAT – pilot extended to all eligible businesses

HMRC has extended its Making Tax Digital for VAT (MTDfV) pilot scheme to all eligible businesses.

For most businesses, compliance with the regulations is mandated for VAT return periods beginning on or after 1 April 2019. However, MTDfV for some ‘more complex’ businesses has been deferred until 1 October 2019. This deferral applies to: trusts; not for profit organisations not set up as companies; VAT divisions; VAT groups; public sector entities such as government departments and NHS Trusts, which have to provide additional information on their VAT return; local authorities; public corporations; traders based overseas; those required to make payments on account; annual accounting scheme users.

Commenting on the pilot scheme, Clare Sheehan, Deputy Director for MTD for Business, said:

‘The MTD pilot is now available to all businesses who will need to use the service from April. This marks a significant milestone towards our delivery of a modern tax administration.’

‘We encourage all eligible businesses to join and try out the service before they are mandated to use it.’

HMRC has also confirmed that Brexit will not affect the introduction of MTDfV. In a recent letter, Jim Harra, Deputy Chief Executive of HMRC, wrote:

‘Our system is already live and by the end of February we’ll have written to every affected business, encouraging them to join the thousands of others who have registered.’

Please contact us for help with MTDfV.

Internet link: GOV.UK publications

HMRC’s Voice ID database

Since 2017, HMRC has captured millions of callers’ voice data on its Voice ID system by encouraging the caller to say a key phrase instead of the conventional password to gain access to their accounts.

However, non-profit organisation Big Brother Watch warns that people have been ‘railroaded into a mass ID scheme by the back door’ and has reported HMRC to the Information Commissioner’s Office (ICO) on the grounds that it has ‘broken data protection laws’.

A Freedom of Information request revealed almost seven million taxpayers are enrolled in HMRC’s Voice ID database of which 162,185 individuals have opted out and had their biometric data deleted by HMRC.

A spokesperson for HMRC said:

‘Our Voice ID system is very popular with millions of customers as it gives a quick route to access accounts by phone.

All our data is stored securely, and customers can opt out of Voice ID or delete their records any time they want.’

Internet links: https://bigbrotherwatch.org.uk/all-media/hmrc-voice-id-delete/

HMRC FOI Response

Spring Statement date announced

The Chancellor of the Exchequer, Philip Hammond, has announced that the government will respond to the forecast from the Office for Budget Responsibility (OBR) in the Spring Statement on Wednesday 13 March 2019.

The Chancellor may take the opportunity to announce tax changes and consultations.

We will update you on pertinent announcements.

Internet link: GOV.UK news

‘Unbelievable excuses’ for late filing of tax returns

HMRC has revealed some of the most ‘bizarre excuses’ taxpayers have given for failing to file their self assessment tax return on time.

Excuses included ‘I’m too short to reach the post box’, and ‘my boiler had broken and my fingers were too cold to type’. One taxpayer claimed that a junior member of staff ‘forgot to wear their glasses’, and accidentally registered a client for self assessment. Another told HMRC that their mother-in-law was a witch, and that she had put a curse on the taxpayer, which prevented them from filing their tax return on time.

In addition to these excuses, HMRC also stated that, every year, they receive some unconvincing expenses claims.

One individual attempted to claim £40 for ‘extra woolly underwear’, whilst another taxpayer tried to claim £756 for pet insurance. Meanwhile, a carpenter attempted to claim £900 for a 55-inch TV and sound bar, which he claimed would ‘help him price his jobs’.

HMRC Director General of Customer Services, Angela MacDonald, said:

‘Help will always be provided for those who have a genuine excuse for not submitting their return on time, but it’s unfair to the majority of honest taxpayers when others make bogus claims.’

HMRC stated all these excuses and claims were unsuccessful.

The deadline for sending 2017/18 Self Assessment tax returns to HMRC, and paying any outstanding liabilities, was 31 January 2019. If you have not yet filed your return please contact us for assistance.

Internet link: GOV.UK news

Protect your pension pots

The Insolvency Service has urged individuals saving for retirement to protect their pension pots from criminals and ‘negligent trustees’.

Research carried out by the Service found that criminals use a range of tactics to convince savers to part with their funds, including persuading individuals to access their pension and invest in unregulated schemes.

Pension scam victims lost an average of £91,000 to criminals in 2018, according to Financial Conduct Authority (FCA) research. Criminals often use cold-calls and offers of free pension reviews to convince their victims to comply.

The Insolvency Service has urged savers to be wary of calls that come out of the blue; seek financial advice before altering their pension arrangements or making investments; and not be pressured into making decisions about their pension.

Consumer Minister Kelly Tolhurst said:

‘If you are approached to make an investment from your pension, always do your homework and seek independent advice, if necessary, to help you make an informed decision.

‘The government continues to work closely with the Insolvency Service who are working to clamp down on rogue companies targeting vulnerable people.’

Internet link: GOV.UK news

Newsletter – January 2014

In this month’s enews we report on announcements regarding Real Time Information (RTI), PAYE tax codes and some details on the new class of national insurance contributions (NIC).

We also report on the consultation on zero hours contracts and if you are reading this on your smart phone does your business have a ‘bring your own device’ policy?

Please contact us if you would like any further information.

 

 

RTI and micro employers

HMRC have announced that, although the vast majority of employers are finding PAYE reporting in real time straightforward, a small proportion of micro employers and their agents still need more time to adapt. They have therefore announced that existing employers with nine or fewer employees who need more time to adapt will be able to report PAYE information on or before the last payday in the tax month until April 2016.

HMRC will be encouraging micro businesses to adapt their processes sooner to ensure that they are ready to report all payments each time they pay their employees by April 2016.

End to the current relaxation

The current relaxation which applies to employers with fewer than 50 employees comes to an end in April 2014. Conditions for the current relaxation can be found by visiting the link at the end of the HMRC article.

All employers starting to operate PAYE after 6 April 2014, as well as existing employers with 10 or more employees, will need to report each time they pay their employees from April 2014.

This relaxation is part of a package of measures to help micro employers as they move towards full reporting of PAYE information in real time. The package also includes:

  • guidance such as ‘Situations where employers will not have to report PAYE information ‘on or before’ the time they pay their employee’ which can be found at the end of the HMRC article and
  • ongoing work to develop new ways to report PAYE information on a timely basis, for example using mobile apps.

If you would like any help with payroll issues please do get in touch.

Internet link: HMRC news

DWP issue guidance on new Class 3A NIC

The Government wants to offer help to existing pensioners and people who reach State Pension age before 6 April 2016, when the single-tier pension is introduced, to give:

  • ‘people in the pre single tier population, who may have lost out because of the structure of the legacy second pension system, the opportunity to increase their state pension in retirement
  • hard pressed pensioners, especially those who rely on their capital to supplement their income, an opportunity to top up their pension in a way that will protect them from inflation and
  • people with small amounts of pension saving a secure way of achieving an income.’

The Government intends to introduce Class 3A in October 2015 and the scheme will be open for a limited period. There will be two entitlement conditions:

  • contributors must have entitlement to a UK State Pension (either basic State Pension or additional State Pension) and
  • must reach State Pension age before 6 April 2016.

‘Prices will reflect the age an individual takes up Class 3A. This is a key component of an actuarially fair price. Prices will be lower for older pensioners simply because on average they will have a shorter life in retirement at the point they take up Class 3A. The Government intends to publish a list showing prices of a unit by age.

Class 3A will not replace the existing Class 3…The Class 3A information products will make clear that individuals should consider making Class 3, contributions where that is possible, before taking up Class 3A. HMRC intend to identify applicants in that position and inform them of the option.

Each Class 3A contribution will result in the acquisition of a unit of extra pension which will increase the contributor’s additional State Pension by £1 a week up to a cap of potentially £25.’

‘We estimate that around 7 million pensioners will have enough savings to pay the new National Insurance contribution.’

‘Class 3A will be set at an actuarially fair rate which means that over time the policy will be broadly cost neutral. This reflects the funding position of the single tier and means that today’s workers will not have to fund the policy.’

We will keep you informed of further announcements.

Internet link: Government publication

Personal device at work policy

The Information Commissioner’s Office (ICO) is advising that organisations should have a clear personal device at work policy.

A recent survey showed that 60% of the UK population now own a smart phone and 20% a tablet and an increasing number want to use their personal devices at work. Known as ‘bring your own device’ the ICO state that the benefits include increased efficiency, flexibility and employee morale but the practice also carries a number of risks which organisations must consider when allowing employees’ devices to be used to process work-related personal information.

Simon Rice, Group Manager (Technology), said:

‘As the line between our personal and working lives becomes increasingly blurred it is critical employers have a clear policy about personal devices being used at work.’

‘The benefits must be balanced against the potential risks to work-related personal data but the organisation should not underestimate the level of effort which may be required to ensure that the processing of personal data with BYOD remains compliant with all 8 Principles of the Data Protection Act. Remember, it is the employer who is held liable for any breaches under the DPA.’

The ICO’s key ‘bring your own device’ recommendations are:

  • ensure devices are secure
  • ensure data transfers are secure
  • retain control
  • have an ‘end of contract’ policy
  • have a clear ‘acceptable use policy’.

Internet link: ICO news

PAYE coding notices

Over the next few months HMRC will be sending out new PAYE tax codes for the 2014/15 tax year.

HMRC are advising that some individuals may receive more than one coding especially if they have:

  • two or more employments at the same time
  • income from two or more pensions
  • pension income and employment income.

HMRC may send a PAYE coding notice for each job or pension and the new tax codes will be used from 6 April 2014.

If you would like help checking your tax code please do get in touch so we can ensure you pay the correct amount of tax.

Those individuals with more straightforward affairs may not receive a coding notice and their tax codes will be automatically updated, generally to reflect the increase in the personal allowance from the current £9,440 to £10,000.

Internet link: HMRC news

Help to buy mortgage guarantee completions

The Government has announced that ‘nearly 750’ homes have been bought and 6,000 offers made since the mortgage guarantee scheme started.

In November 2013, ministers published figures showing that in the first month of the scheme more than 2,000 people had put in offers on homes and applied for a Help to Buy mortgage. That number has now trebled to more than 6,000.

For more information on Help to Buy mortgages visit http://www.helptobuy.org.uk/

Internet link: Press release

Zero hours contracts

Business Secretary Vince Cable has announced that, under new proposals, employers could be banned from imposing ‘exclusivity’ on zero hours contracts which offer no guarantee of work and stop employees from working for another employer.

In the consultation, the Government also outline proposals on ways to tackle the lack of transparency in the way zero hours contracts are currently being used and improve guidance for both employers and employees around their use.

Business Secretary Vince Cable said:

‘A growing number of employers and individuals today are using zero hours contracts. While for many people they offer a welcome flexibility to accommodate childcare or top up monthly earnings, for others it is clear that there has been evidence of abuse around this type of employment which can offer limited employment rights and job security. We believe they have a place in today’s labour market and are not proposing to ban them outright, but we also want to make sure that people are getting a fair deal.’

The public consultation will seek views on a range of proposals will run until 13 March 2014.

Internet link: Press release

Excuses excuses

HMRC have released the ‘Top 10 oddest excuses’ for sending in a late self assessment return. These include a dead goldfish and a run in with a cow!

Internet link: HMRC top 10