Bad Debt Relief For VAT Filers

Bad Debt Relief For VAT Filers

While we are under a severe economic condition and there is a risk that some businesses might not pay their suppliers.

There are rules available where a business can claim relief where a customer does not pay.

Background:

The bad debt relief rules are intended to ensure that VAT is not a cost to a business that suffers a bad debt following non-payment by customers.

Those businesses which are under the Cash Accounting Scheme, they avail bad debt relief automatically.

At the same time, such businesses have a disadvantage that they can’t claim input on purchase invoices until they have paid to suppliers.

How it works:

A business can claim bad debt relief on a VAT return (positive entry in Box 4) when ALL the following conditions are met:

  • The sales invoice in question is more than six months overdue for payment;
  • The invoice has been written off in the business’s accounting records;
  • Output tax must have been paid to HMRC on a past VAT return;
  • The debt must not have been sold, factored or paid under a valid legal assignment.

The latest time a claim can be made in four years and six months after the later of:

  • The time of supply (usually the invoice date); or
  • The due date for payment.

If an invoice is written off and bad debt relief has been claimed, then output tax must be declared on any payment subsequently received from the customer (HMRC notice 700/18 para 2.2).

If you have any question on the VAT issues; feel free to contact us

Capital Gains Tax- Changes In Rules For Property Sellers

Capital Gains Tax- Changes In Rules For Property Sellers

There is a major change coming up in April 2020 for those who property sellers in the UK.

Finance Act 2019 Sch 2 paras 1 and 2 stipulate that individuals must make a return to HMRC within 30 days. Where there is any direct/indirect disposal of UK land by a UK non-resident. Or disposal of UK residential land by UK residents resulting in a profit.

The new reporting rule for UK land return is in addition to reporting disposal. On the normal self-assessment tax return; it does not replace it.

FA 2019 sch 2 para 16

FA 2019 sch 2 para 16  only contains the standard wording that the return must include a declaration. Making it that the information is correct and complete to the best of the person’s knowledge. It contains information of a description specified by HMRC.

There is already a system in place (introduced in April 2015). Whereby when a non-resident individual disposes of a property in the UK. It has to file a return within 30 days.

The new rules for UK residents state that they only need to file a return if they make a gain on the disposal. They are not required to file a return if they incur a loss on disposal. The obligation for non-UK residents to file a return where no liability arises remains unchanged.

The question of being a UK resident is in itself a very complex one. The guidance is available is FA 2013 sch 45.

Generally, UK taxpayers tend to view their personal tax compliance obligations as an annual process. In the early days of the legislation, UK residents may have missed the 30-day filing deadline for residential property sales. Advisers and solicitors play a crucial role in ensuring that they stay on top of the process to prevent missing the deadline.

The seller of the property would need to calculate and pay the Capital Gains Tax after taking into account the other income as well. A problem will arise if an individual is unable to determine his income, especially for those who have fluctuating income each tax year.

HMRC Phone Line For Help

For those who are unable to pay due to corona-virus, HMRC will discuss your specific circumstances to explore, including the following:

  • agreeing on an installment arrangement
  • suspending debt collection proceedings
  • cancelling penalties and interest where you have administrative difficulties contacting or paying HMRC immediately

The helpline number is 0800 024 1222 – and is an addition to other phone contact numbers.

Opening hours are Monday to Friday from 8 am to 4 pm.

We are the UK’s tax, payments and customs authority, and we have a vital purpose. We collect the money that pays for the UK’s public services and help families and individuals with targeted financial support.

Apex Accountants do this by being impartial and increasingly effective and efficient in our administration. We help the honest majority to get their tax right and make it hard for the dishonest minority to cheat the system.

HMRC is a non-ministerial department, supported by 2 agencies and public bodies.

More information is available on the HMRC website

 

What do HMRC deal with?
The term Her Majesty’s Revenue and Customs (HMRC) refers to the tax authority of the U.K. government. The agency, also known as Her Majesty’s Revenue Services, is responsible for collecting taxes, paying child benefits, enforcing tax and customs laws, and enforcing the payment of minimum wage by employers.

Off-Payroll Working – IR35

The off-payroll rules will apply to work done under private sector contracts.

The government has put on hold on IR35 tax reforms for a year in the wake of coronavirus crisis.
Officials suggest that ‘This is a deferral, not a cancellation’.

It issued guidance on ‘Tax avoidance schemes aimed at contractors and agency workers’ ahead of the extension of the off-payroll working rules to the private sector.

HMRC are concerned about schemes that use umbrella companies and which claim to increase take-home pay.

HMRC is advising taxpayers to:

  •  Use the online tax calculator to check what their net pay should be after-tax and NICs.
  • Compare this figure with your current take-home pay.
  • Please breakdown how the entire arrangement works, including the pay rate, fees being charged, and their relevance. Have you deducted tax and NICs?

The guidance points out that:

  • Any scheme offering better take-home pay by converting income into something else (e.g. a loan), and which results in not paying. HMRC considers income tax and NICs as tax avoidance and will challenge it.
  • Those using schemes are likely to end up with a bill for tax and NICs, interest on tax paid late.
  • Any fees paid to the promoter of the scheme are unlikely to be recoverable. If the scheme does not work and may amount to 10% of the gross pay.

Workers should be wary of employers or agencies who tell them they must use a particular scheme. HMRC do not approve tax avoidance schemes.

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