Tag Archives: ppr

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.

“Home is where the heart is” – but HM Revenue and Customs may not agree with you [Principle Private Residence Relief]

HMRC’s attitude to capital gains tax and residential property is changing and this change could potentially affect many home owners.

Currently an individual’s main residence is exempt from capital gains tax due to the generous main residence exemption commonly referred to as Principle Private Residence relief (PPR).

In most domestic property sales the relief will cover the entire capital gain on sale. If you own only one property which you have lived in throughout the period you have owned it then you will almost certainly qualify in full for PPR.

If you own more than one property or expect your period of ownership to be short or there have been periods of non-occupation then the situation is more complicated. PPR may only be partially available or in some cases not at all and you will need to plan carefully to maximise your chances of making a successful claim.

In the past HMRC has taken a light touch in deciding what constitutes a main residence for the purpose of PPR, often accepting that a property has been the main residence even when the actual periods of occupation or ownership have been short or where an intention to develop was apparent.

A number of recent tax cases have challenged the status quo with HMRC successfully seeking to deny PPR. The cases have generally focused on the intention to occupy as a main residence and the quality of occupation. Deciding factors have included property being actively marketed for sale throughout the period of occupation and living on site during development not being a sufficient quality of occupation.

I am often asked how long it is necessary to live in a property for it to qualify for main residence exemption, but it is clear from HMRC guidance and the case law that, as with many things in life, quality of occupation rather than quantity is the most important factor. Taking steps to ensure that post is directed to your property, that you appear on the electoral register, registering with a local doctor and actually moving your furniture in are more likely to lead to a successful claim than physically camping out at the property for any length of time.

Where PPR is due in full on a sale then it applies automatically and does not need to be claimed. This leads to most sales of domestic property not being declared at all on a self-assessment tax return. However, problems will arise for anyone failing to declare a sale in the mistaken belief that PPR will cover the whole of their gain when it is only partially due or not due at all.

HMRC can and do obtain details of all property sales in the UK from the Land Registry and are on the look out for undeclared gains. Should HMRC successfully challenge a claim to PPR then tax, interest and penalties will all become payable. It is therefore important that if you are in any doubt over the validity or quantum of your claim then full disclosure of the facts should be made.