Tag Archives: national insurance

Budget 2024 Response

View the flipbook here

This last spring Budget before the next general election was always likely to have a political flavour. Against a backdrop of historically high taxes, Jeremy Hunt presented us with some pre-election tax cuts including a 2% reduction in National Insurance and a 4% cut in the rate of capital gains tax on residential property.

Additional tax cutting measures included further support for creative industries with the extension of existing tax reliefs for orchestras, theatres, and museums, and additional help for the film industry. There were also increases to the high-income child benefit charge threshold; the freezing of alcohol duty and the extension of the 5p cut in fuel duty.

These tax cuts are to be paid for partly by the much anticipated abolition of the Non-Dom regime which is expected to raise £2.7bn.  More money is to be provided to HMRC to bolster their debt management capacity which is anticipated to raise significant additional funds.

Other tax raising measures include the abolition of the beneficial tax treatment of furnished holiday lets; the abolition of Stamp Duty Land Tax Multiple Dwellings relief; the extension of the energy profits levy and the introduction of duty on vaping products.

The Health & Social Care Levy

Following the rather hectic noises over the last couple of days regarding the help needed for the NHS and Social Care reform, the government today have made a wide range of announcements, including the Health & Social Care Levy. My comments are purely on the tax aspects.

The announcements are to be funded by way of an increase of 1.25% on National Insurance contributions for both employees and employers from 6 April 2022.  For the first year this will simply be an addition to the NI rates (although called the Health and Social Care Levy), and from 6 April 2023 (when “working” people over the state pension age also start to pay the 1.25% on their earnings) it will be shown separately on payslips.  This appears to be an attempt to soften the blow of breaking a Conservative pledge, and also gives them the opportunity to scrap a “tax” in the future.

The burden is meant to fall more onto higher paid individuals so to avoid some simple tax planning a 1.25% increase will be made to the “dividend” rates of tax from 6 April 2022 and will apply UK wide.

Initial thoughts are that companies should be looking at their distributable reserves and considering paying dividends before 6 April 2022 and employers could consider salaries and bonuses before the same date as well.  Accelerating these may have other implications outside of tax (employment law in particular).

Please don’t hesitate to contact me, or your usual Goodman Jones partner, if you’d like to talk through the implications for you.

UPDATE: Following the 2024 Spring Budget, and taking affect on 6 April 2024, National Insurance Contributions (NICs) will be reduced to 8% for earnings above the primary threshold and below the upper earnings threshold, with the the main rate of Class 4 national insurance contributions reduced to 6%.

Coronavirus and the Future of Tax

The coronavirus crisis has left a hole in the public finances, with debt exceeding 100% of (a somewhat diminished) GDP. There are traditionally three main ways that this can be financed:

1. Increase borrowing
2. Increase taxes
3. Decrease public spending

The first has been the approach so far, although there is still the possibility of locking in debt for the long term by issuing long-dated government bonds as was the case after both world wars.

Prime Minister Boris Johnson has ruled out a return to austerity, which is politically toxic and arguably economically unwise at a time of subdued demand.

This leaves tax increases, although these will need to be carefully targeted and timed to avoid weakening a nascent recovery. Unprecedented times give the opportunity for bold thinking and reform, which may be tempting for a Chancellor who has declared himself to be “unencumbered by dogma”. So what might he do?

Capital gains tax rates

The rates of capital gains tax (CGT), broadly 20% for higher rate taxpayers, are very low by historical standards. Indeed, it wasn’t much more than a decade ago that CGT rates were aligned with those of income tax. With that in mind, it is not unreasonable to think that Mr Sunak may once again align CGT and income tax rates.

It is unlikely, though, that CGT will be subsumed entirely under the umbrella of income tax, as is the case in some countries. There are important differences between income and capital gains, notably that gains may be significant in one year but that there may be no gains or even capital losses in other years. Inflation is also an issue where assets have been held for long periods of time, which could be negated by reintroducing indexation allowance.

Aligning CGT rates with income tax rates would also reduce the incentive to avoid tax by recharacterising income as capital gains. This has been the subject of increasingly complex anti-avoidance rules, which could be rendered largely unnecessary.

The annual exemption could be abolished, although this tax-free allowance (currently £12,300 per year) cuts down on administration and its abolition would raise relatively little revenue.

Capital gains tax rates reliefs

By far the biggest CGT relief is principal private residence relief. With most wealth tied up in people’s main homes, it will surely be tempting to reform or abolish this relief. However, it would be politically controversial, particularly for a party whose traditional supporters are homeowners.

The effects of abolishing the relief could be very uneven, hitting hard those who have owned their house for many years whilst leaving those who moved recently unscathed. To counteract this, it is likely that only increases in value from a given date (for example, the day of the Budget) would be taxed. However, this would mean that it would take years for the abolition of principal private residence relief to raise significant revenue, particularly as house prices are at a historic high.

Entrepreneurs’ relief (now Business Asset Disposal relief) was only recently changed when the lifetime allowance was reduced from £10m to £1m, but given criticism that it does little to increase investment, its abolition could be considered once more.

Wealth tax

The current crisis has hit many of the poorest hardest, and in an increasingly unequal society a wealth tax might seem like an obvious choice. However, it appears to have been ruled out by the Government. Beyond ideology, there are practical reasons for this.

A wealth tax would be an administratively difficult task, as it would require a declaration of wealth to be made by all individuals – not something that is required under the current tax compliance system. With records of wealth needing to be built from scratch, it would be prone to evasion and avoidance.

Annual land/property value tax

Property taxes, on the other hand, are much harder to avoid for the simple reason that it is rather tricky to move land. This could take the form of a land value tax or a property tax. The former is a levy on the unimproved value of land, ignoring the value of buildings which is included in a property tax.

A land value tax encourages productive use of the land and introduces a cost to land speculation, so could potentially spur development. The downside is the administration involved in valuing land across the country.

Such taxes could replace stamp duty land tax, which creates friction and distortions in the housing market by adding to the cost of moving home.

National Insurance

National Insurance could be abolished by merging it into income tax, creating instead higher income tax rates. This would align the tax rates for earnings and other forms of income, which due to National Insurance are effectively higher for earnings with seemingly little policy rationale. National Insurance is also a regressive tax, with higher earners charged at a lower rate than many lower paid workers.

Abolishing National Insurance would help level the playing field between the employed and self-employed, which is driven largely by the difference in National Insurance rates between the two. Combined with aligning dividend rates to those of other income (see below), this should eliminate much tax avoidance in this area and the burdensome red tape for businesses that has been and is being introduced to deal with this.

However, most National Insurance is paid not by individuals but by employers,. It seems unlikely that individuals will want to take on this burden in the form of higher tax on their wages, fearing (probably rightly) that their employers will be reticent to pass on their savings to their employees in the form of higher salaries. Instead, a payroll levy could be introduced to replace employer’s National Insurance, but this could undermine the levelling of the playing field between the employed and self-employed discussed above.

Abolishing National Insurance would impact the over-65s, who currently do not have to pay it. Raising income tax rates would be keenly felt by this group, who are a key Conservative demographic.

It should also be noted that the Conservative manifesto pledged not to raise National Insurance, income tax or VAT rates. Although it could be argued that the current crisis has changed everything, accusations of breaking promises would undoubtedly be made by some. A watered-down version of the above with aligning of income tax and National Insurance thresholds could raise revenue without technically changing and tax rates, although the manifesto also pledged to raise the National Insurance threshold to match the income tax personal allowance.

Pensions

The tax rules for pensions effectively defer tax, with tax relief given for contributions and later withdrawals being taxed. Given that earnings during a person’s working life are generally higher than the pension they receive once they retire, this often results in an overall tax saving. To counteract this, first an annual cap on pension contributions was introduced, followed by a lifetime cap on the value of pension pots. However, it’s still possible to get higher and additional rate tax relief on contributions of up to £40,000 per year – an amount well above the median earnings in the UK. It is quite possible, therefore, that this cap could be lowered again or that relief is restricted to basic rate tax.

Given the rationale of the tax rules for pensions, there seems to be little justification for the 25% tax-free pension lump sum. This could therefore also be scrapped, although this could be seen as a retrospective change for those who have saved into their pensions with the expectation of withdrawing 25% of their pension pot tax-free.

Dividends

Dividends have long been taxed at a lower rate than other income, as compensation for the fact that company profits have already been subject to corporation tax. In an era of low corporation tax rates this may seem unnecessary, but dividend rates were significantly increased four years ago to reflect this.

Even so, the Chancellor may be tempted to align dividend tax rates with general income tax rates as it is unlikely to be politically controversial. Depending on other reforms (particularly National Insurance and corporation tax), this may mean that it is no longer beneficial for business people who own their own companies to pay themselves with dividends.

Corporation tax

In the run up to the last general election, it was announced by Boris Johnson that a planned cut in corporation tax from 19% to 17% would no longer go ahead. This put a halt to reductions in corporation tax rates stretching all the way back to the Thatcher era.

The rationale behind lower corporation tax rates has been to attract multinational businesses to the UK and to increase investment. However, research suggests that other factors matter more to companies than headline tax rates, and a raising of rates to 24% has been mooted.

There have been warnings from business groups that raising corporation tax rates could choke off a recovery. However, given that the tax is charged on profits it is not clear why this would be the case. Companies which have suffered losses would not be paying corporation tax in any event.

Interest deductibility

Interest paid on corporate debt is deductible against trading profits. There are restrictions on deductibility for the most highly geared companies, but the prevalence of debt financing has left some companies fragile in the face of economic shocks. There is a case to be made to remove the tax incentive to load companies with debt.

However, the time may not be right, as many companies have been forced to take on debt in order to make it through the coronavirus crisis.

The future?

The House of Commons Treasury Committee and the Office for Tax Simplification are currently both investigating potential changes to the tax system. Change seems inevitable, but it is unclear how bold the Government, bruised by its handling of the coronavirus crisis, will dare to be.

Good news for UK entertainers? [NI for Entertainers – Important Changes]

This time last year I blogged explaining the complex National Insurance rules for entertainers and how their application could result in overpaid National Insurance.

In a year much has changed:  recognising the existing rules were difficult to implement, last May HM Revenue & Customs (HMRC) opened a consultation on simplification.  Of the nearly 12,000 responses received, 99% supported the proposal to repeal the regulation that treats an entertainer as self-employed for tax purposes, but employed for National Insurance.

The result is that from 6 April 2014 individuals working in the entertainment industry are treated as self-employed for both tax and National Insurance purposes.

What does this mean for the entertainer?

The best way to illustrate the impact of these changes is through a simple case study:

Margot is a self-employed actor.  In the 2014/15 tax year Margot is cast in a play produced by GJ Theatre Productions Ltd.  GJ Theatre Productions agree to pay Margot £1,000 a week for her services for the ten weeks the play will run.  To avoid complicating matters, we will assume that this is Margot’s only source of income in 2014/15.

A cash advantage

Under the old rules, GJ Theatre Productions would have been required to deduct Class 1 National Insurance contributions (NICs) from payments to Margot.  Therefore, for every weekly payment of £1,000 Margot would have received £918 into her bank account.  From 6 April 2014 Margot will receive the full £1,000, meaning an extra £82 in her pocket every week, or an additional £821 by the end of the play’s ten week run.

However, under the old rules, Margot would have been able to claim credit for the Class 1 NICs deducted from the payments.  This would effectively cancel out any requirement to pay Class 4 NICs on this income.

Going forward, Margot will instead pay Class 4 NICs on the profit from her self-employment although she will benefit from the fact that Class 4 NICs are set at a lower rate than Class 1 NICs.

In addition to Class 4 NICs, self-employed individuals pay Class 2 NICs.  Under the old rules Margot would have been eligible to apply for an exception from Class 2 NICs.  This option is no longer available to her, and she will be required to pay Class 2 NICs at a weekly rate of £2.75 from 6 April 2014.

Despite the requirement to pay Class 2 and Class 4 NICs, at the end of the year Margot will still be £494 better off as a result of the simplification of the National Insurance Regulations. 

An unexpected liability

Margot will pay her Class 4 NICs at the same time that she pays any income tax due under Self Assessment – 31 January 2016 for the 2014/15 tax year.  The concern is that Margot may not have anticipated this new liability.

This issue is more pronounced if we increase the amounts Margot receives in 2014/15 to £10,000 a week for the 10 week run.

Margot is now required to make payments on account for the 2015/16 tax year.  Each payment on account is 50% of the previous year’s income tax liability and Class 4 NICs.

This means that by 31 January 2016 Margot will have to pay Class 4 NICs of £4,214 for 2014/15, plus half this amount again as a payment on account for 2015/16.  A total amount of £6,321. Margot may not have set aside the funds to meet this liability in full.

Inability to claim social security benefits

While the old system may have been flawed, it did entitle Margot to claim National Insurance benefits such as Statutory Sick Pay, Statutory Paternity/Maternity Pay and contributions-based Jobseeker’s Allowance. From 6 April 2014 this will no longer be the case.

In addition, her changed status for National Insurance purposes may result in Margot losing out on Universal Credit.

Conclusion

Entertainers will undoubtedly benefit financially from these rule changes.  Whether the financial benefit is adequate compensation for the loss of entitlement to social security benefits and increased year-end tax bills, only time will tell.

If you think you could be one of those affected by this change in rules then please contact me.

The Entertainment Industry – National Insurance

Many people will be familiar with the basic difference between the National Insurance paid by employees (Class 1 National Insurance Contributions), and that paid by self-employed individuals (Class 2 and Class 4 NICs).

However, this distinction is blurred when it comes to our clients who are actors, dancers and other entertainers. They may be treated as self-employed for tax purposes, but at the same time they are deemed to be employees for National Insurance purposes.

The impact of this is that most individuals working in the entertainment industry will pay employees’ NICs at source on self-employment income. The entertainer is therefore in the unenviable position of having to pay Class 1, 2 and 4 NICs, with the result that they end up overpaying National Insurance.

The solution is to make an adjustment to the profits chargeable to Class 4 NICs on the Self-Assessment tax return. This adjustment ensures the individual does not overpay National Insurance, or suffer both Class 1 and 4 NICs on the same income.

The problem is that it is easy to forget to make the adjustment. It is also possible to claim the adjustment in the wrong box of the return, or to inadvertently make an incorrect adjustment. All of these things can increase the risk of an enquiry into the return by HM Revenue & Customs.

In summary, if you feel there is a risk that you might overpay National Insurance, you should seek specialist advice to ensure your return is completed correctly.

Employee Shares

The Government recently confirmed its intention to introduce a new type of employment contract in which it would be lawful for employees to waive certain statutory employment protections.

In exchange for reduced employment rights, employees would be offered shares in their employer with a value between £2,000 and £50,000. Although the acquisition of the shares would be subject to income tax (and national insurance, if relevant) the eventual sale of those shares, by the employee, would be exempt from capital gains tax.

Details released to date suggest that the legislation is principally intended for small and medium sized companies, but companies of any size will be able to use this opportunity. Rights which may be forfeited include unfair dismissal, flexible working, maternity leave and redundancy payments.

There will be flexibility in the legislation which permits the opportunity to be offered to employees recruited after the legislation is enacted or both future employees and current employees.

Some beneficial share option schemes, such as Enterprise Management Incentive, have restrictions as to their use if employees already hold shares in their employer. Current proposals imply that these existing share option schemes will not be adversely affected by the new legislation.

It has been suggested that legislation will be enacted from April 2013 and the Government will consult with Industry as to the practical implications of the proposals before then. Obvious practical considerations which need to be ironed out include the impact of numerous employees having an influence on the strategic direction of a private company and the alternatives should an employee leave the company whilst holding shares in their employer.

Overseas holiday homes purchased through a company

It is quite common for overseas holiday homes to be purchased in companies. Typically this is to circumvent overseas inheritance rules. Historically the use of a company has lead to a UK income tax and national insurance liability which was treated as a “cost” of the structure.

Pressure was placed on the Government to eliminate this cost, and in 2008, they revoked the income tax liability but not the national insurance liability. The national insurance liability has now been retrospectively revoked and reclaims of national insurance can be made for any prior year, even those earlier than 2008. Any refund must be claimed before 2015.

Taxing employment – risky or necessary?

The rates of national insurance (NIC) paid by employers and employees are all going to rise by 1% from April 2011. People earning less than £20,000 will be immune. Unlike income tax, NIC discriminates between employed and self-employed with lower rates for the self-employed.

The changes are estimated to yield an additional £6.5 billion between 2011 and 2013. This dwarfs the £550 million expected to be raised by the much publicized one-off bank bonus tax.

For example, an employee earning the mean UK salary (full time £31,323), the total cost of employment would be £34,600 in 2009-10. If net pay increased by 2.9% (forecast RPI) for 2011-12 total cost would be £36,428. This means a 5.3% increase in employment costs to allow an inflationary increase in net pay.

Unemployment is expected still to peak at 3 million (9.6%), so businesses should be encouraged to take on staff, this will certainly not!

 

The rates of national insurance (NIC) paid by employers and employees are all going to rise by 1% from April 2011. People earning less than £20,000 will be immune. Unlike income tax, NIC discriminates between employed and self-employed with lower rates for the self-employed.

The changes are estimated to yield an additional £6.5 billion between 2011 and 2013. This dwarfs the £550 million expected to be raised by the much publicized one-off bank bonus tax.

For example, an employee earning the mean UK salary (full time £31,323), the total cost of employment would be £34,600 in 2009-10. If net pay increased by 2.9% (forecast RPI) for 2011-12 total cost would be £36,428. This means a 5.3% increase in employment costs to allow an inflationary increase in net pay.

Unemployment is expected still to peak at 3 million (9.6%), so businesses should be encouraged to take on staff, this will certainly not!

The recent US November unemployment figures showed a fall from 10.2% to 10.0% and spurred consumer and investor confidence, although some dismissed it as a blip. Therefore, employment is pivotal to the economic recovery.

Overall, raising NIC will have a detrimental effect on the recovery and may stifle some “green shoots”. This is a view shared by many business leaders – Richard Lambert, CBI Director-General, said “The Chancellor has made a serious mistake imposing an extra jobs tax when the economy is still fragile.” and David Frost, Director General of the British Chambers of Commerce, “The NIC rises mean a brake on employment growth. While everyone understands the importance of restoring the public finances to a sustainable path, a tax on jobs in not the way to do it.”

However, with borrowing of £176bn predicted for 2010-11, net debt at 65% of GDP and a promise to protect frontline services, the money has to come from somewhere. A rise in VAT beyond 17.5% was mooted but not announced – this has problems as it’s not a progressive tax and consumers are unable to reclaim it, so would hit the poorest. Darling is in a corner!

In the face of the mind-boggling borrowing figures, one can imagine how he thinks the rise fits the precarious balancing act of voters, borrowing and economic recovery performed at 11 Downing Street. Unfortunately, tax on jobs is a risky option.

Whether it dangerously cools the job market or is ever even enacted – only time will tell.

Construction Industry Scheme and Gross Payment Status

Following on from Graeme’s post about the Time to Pay arrangements.

Are you in the Construction Industry? Have you got Gross Payment status? If you have, you’ll know how valuable that status is, and you’ll be well aware that losing that status could lead to a loss of up to 20% of cash inflow. And that would be terminal for many businesses.

In these difficult times of slowing customer payments and restricted funding from banks, it’s easy to allow PAYE and Corporation Tax payments to take a back seat to other creditors. But if you do you could be putting your Gross Payment status at risk.

Under its recently published “Time to Pay” scheme, the Inland Revenue has clarified that businesses entering into an arrangement under it will not lose their gross payment status.

But it’s vital the business agrees the Time to Pay arrangement before payment is due, not after. And whilst there is still a risk that the “computer” will send out automatic notices of revocation, the Inland Revenue has also confirmed these will be cancelled on immediate appeal.

So the message is – use the scheme or lose the status.

The Business Payment Support Service

One announcement of the Pre-budget report of 25 November was a new service for businesses in temporary financial difficulty that were unable to pay their tax bills. They would be able to spread their bills over a timetable they could negotiate with the business support service of HMRC. This service would cover all taxes paid by the business, including Corporation Tax, VAT, PAYE, Income Tax and National Insurance Contributions. Although interest would be charged on late paid tax it is anticipated that this rate would be lower than that of bank borrowing.

A key requirement is that contact is made with the business payment support service’s helpline before the due date of payment of the tax. The helpline would only be able to deal with requests in advance of the tax being due. If approach is made after the due date then it would not be dealt with by the helpline, but rather by the local tax district dealing with the business’ tax affairs. The local district may be less sympathetic than the dedicated helpline.

Since November, HMRC have issued guidance on the operation of the service. The guidance is welcomed as it covers some very practical matters, such as mechanism where a partnership (or partner of a partnership) is experiencing cash flow problems.

Two particular matters within the guidance that caught my eye were the review of agreements and the interaction with the Construction Industry Scheme (CIS).
The guidance accepts that a payment agreement may be negotiated in good faith but the taxpayer then experiences unexpected, further, cash flow problems and who cannot meet the agreed payment profile. HMRC will consider such circumstances on a case by case basis. Again, the key is to notify HMRC of the further problems before a payment is due.

CIS allows certain contractors in the construction industry to receive payments gross of tax. There are very strict conditions to be able to qualify for gross payments. The guidance confirms that negotiation of a payment profile with HMRC will not deny “gross status”. This is a welcome confirmation as receipt of invoices net of tax can only exasperate a cash flow problem.
In the round the business support service is a welcome announcement and HMRC have issued some helpful guidance. Well done!