Compliant and effective management of your business tax obligations will help you avoid hefty fines and penalties and provide a stable foundation for your organisation’s financial health.
This comprehensive guide aims to demystify the various business taxes in the UK. From Corporation Tax to the Construction Industry Scheme (CIS) and from Capital Gains Tax to Value Added Tax (VAT), we cover the essentials to help you manage your business finances effectively to support compliant and profitable operations.
Section A: Company Tax Return Overview
Every incorporated business in the UK must submit an annual company tax return to HM Revenue and Customs (HMRC). The return provides a detailed account of the company’s income, expenses and profits, ensuring that the correct amount of Corporation Tax is paid.
1. What is a Company Tax Return?
A company tax return, officially known as the CT600 form, is a comprehensive report that details a company’s financial activities over its accounting period. This document includes information about the company’s income, deductions, and tax reliefs, which collectively determine the Corporation Tax owed to HMRC. The return also provides a summary of any trading losses and capital allowances that the company wishes to claim.
The CT600 form must be accompanied by the company’s statutory accounts, which include the balance sheet, profit and loss account, and other relevant financial statements. These accounts provide a transparent view of the company’s financial health and form the basis for the tax calculations reported in the return.
Late submission or incorrect information can lead to penalties and interest charges. Accurate and timely submission helps avoid these additional costs and keeps the company in good standing with HMRC.
2. Who Has to File with HMRC?
Essentially, all UK companies that generate taxable income or profits must file with HMRC. This includes a broad spectrum of company types, such as:
a. Limited companies: These are the most common type and must file Corporation Tax returns.
b. Partnerships: While not legal entities themselves, the partners must declare their share of the partnership’s profits on their individual tax returns.
c. Sole traders: These are self-employed individuals who must submit Self-Assessment tax returns.
d. Limited Liability Partnerships (LLPs): Each member of an LLP must file a Self-Assessment tax return to declare their share of the LLP’s profits.
Other types of organisations that might need to file with HMRC include:
a. Trusts: Depending on the type of trust, there might be tax implications and filing requirements.
b. Non-profit organisations: While they may be exempt from Corporation Tax, they might still need to file other returns, such as VAT or PAYE.
Since the specific filing requirements can vary based on factors like company size, turnover, and the nature of the business, it’s advisable to consult with an accountant or tax adviser to determine the exact filing obligations for a particular company.
3. Legal Requirements
Submitting a company tax return is a legal obligation for all UK-incorporated companies, regardless of whether they have made a profit or not. To comply with the requirements, companies must:
a. Register for Corporation Tax: Upon incorporation, a company must register for Corporation Tax with HMRC. This should be done within three months of starting business activities.
b. Keep Accurate Records: Detailed and accurate records of all financial transactions must be maintained. These records support the figures reported in the tax return and are essential in case of an HMRC audit.
c. Submit Annual Tax Returns: A company must file its tax return annually within 12 months of the end of its accounting period. This is typically referred to as the company’s financial year-end.
d. Pay Corporation Tax: The tax due must be paid within nine months and one day after the end of the accounting period, even if the company tax return is filed later.
Section B: Filing Accounts and Company Tax Returns
Company tax returns and accounts must be filed to provide HMRC and Companies House with a detailed insight into the company’s financial health and tax liabilities.
1. How to File Accounts and Company Tax Returns
Accurate and timely filing of accounts and company tax returns forms part of good business management and is mandatory to avoid penalties.
a. Prepare Financial Statements
The preparation of financial statements begins with the balance sheet, which offers a snapshot of the company’s financial position at the end of the accounting period, detailing assets, liabilities, and equity. Alongside this, the profit and loss account summarises the company’s revenues, costs, and expenses during the accounting period, showing the profit or loss made. Supporting documents, including detailed records of all financial transactions, such as invoices, receipts, bank statements, and payroll records, are also essential.
b. Complete the Statutory Accounts
Annual accounts must be prepared in compliance with UK Generally Accepted Accounting Practice (GAAP) or International Financial Reporting Standards (IFRS) for larger companies. This includes a Directors’ Report, which is a narrative from the company’s directors outlining the company’s performance and key activities during the financial year. Additionally, notes to the accounts provide context and further details to the figures presented in the financial statements.
c. Submit Accounts to Companies House
Accounts can be submitted to Companies House using their online service, which requires the company authentication code for access. Alternatively, paper copies can be submitted by post, although online filing is faster and more secure. Deadlines for submission vary; private limited companies must file their accounts within nine months of the end of their accounting period, whereas public limited companies have six months.
d. Prepare the Company Tax Return (CT600)
The CT600 form must be completed, detailing the company’s income, expenses, tax reliefs, and any tax payable. The statutory accounts prepared for Companies House should be included with the CT600 form. Detailed calculations of Corporation Tax liability, based on the figures in the financial statements, are also necessary.
e. Submit the Company Tax Return to HMRC
Registration for HMRC’s online services is required to file the CT600 form electronically, which is the preferred method due to its speed and the instant confirmation of receipt it provides. If necessary, a paper return can be filed, though this method is less efficient and more prone to errors. The company tax return must be submitted within 12 months of the end of the accounting period. For instance, if the accounting period ends on 31 March 2024, the tax return is due by 31 March 2025.
f. Pay Corporation Tax
Corporation Tax must be paid within nine months and one day after the end of the accounting period. Following the previous example, if the period ends on 31 March 2024, the tax payment is due by 1 January 2025. Payments can be made via direct debit, bank transfer, or through HMRC’s online payment service.
2. Key Deadlines and Penalties for Late Filing
Statutory accounts for private companies are due within nine months of the end of the accounting period, while public companies have a six-month deadline. The company tax return must be submitted within 12 months of the end of the accounting period. For corporation tax payments, the deadline is nine months and one day after the end of the accounting period.
Penalties for late filing of accounts with Companies House escalate based on the delay. A delay of up to one month by a private company incurs a £150 penalty. Delays of one to three months result in a £375 penalty. For delays of three to six months, the penalty increases to £750. A delay of more than six months attracts a £1,500 penalty. Penalties for public companies are larger: £750 penalty for filing up to one month late,
£3,750 penalty for filing between one and six months late and £7,500 penalty for filing more than six months late.
HMRC imposes a £100 penalty for company tax returns filed one day late. An additional £100 penalty is levied if the return is three months late. At six months, HMRC estimates the unpaid corporation tax and adds a penalty of 10% of this amount. A further delay to 12 months results in an additional 10% penalty on the unpaid tax. Interest is charged on the outstanding amount from the due date until full payment is made. Prolonged delays may also result in potential surcharges or additional penalties.
Tax Type
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Filing Deadline
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Corporation Tax Return
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12 months after accounting period end
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VAT Return
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1 month and 7 days after VAT period end
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PAYE Reporting
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On or before employee payday
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Self-Assessment Tax Return (Online)
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31 January following tax year end
|
Self-Assessment Tax Return (Paper)
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31 October following tax year end
|
Section C: Accounts and Tax Returns for Private Limited Companies
Private limited companies in the UK must adhere to specific legal and financial requirements to ensure compliance with HMRC and Companies House. These requirements include preparing and filing accurate accounts and tax returns, which provide a transparent record of the company’s financial activities and tax liabilities.
1. Requirements for Private Limited Companies
Private limited companies must prepare statutory accounts every financial year. These accounts must comply with the UK Generally Accepted Accounting Practice (GAAP) or International Financial Reporting Standards (IFRS) if applicable. The components of statutory accounts include a balance sheet, which summarises the company’s financial position, including assets, liabilities, and shareholders’ equity. Additionally, the profit and loss account provides a detailed report of the company’s income, expenses, and profits or losses over the financial year. The Directors’ Report offers a narrative outlining the company’s performance and activities during the year, while notes to the accounts provide further explanations and details about the figures presented in the financial statements.
Private limited companies must file their annual accounts with Companies House within nine months of the end of their financial year. Accounts can be filed online or via paper submission, though online filing is preferred for its speed and security.
The CT600 form details the company’s income, expenses, and tax computations and must be completed and submitted to HMRC along with the statutory accounts. The tax return must be accompanied by the company’s statutory accounts and any other relevant financial documents.
The company tax return must be filed within 12 months of the end of the financial year. Companies are required to file their tax returns online using HMRC’s digital services.
Corporation Tax must be paid within nine months and one day after the end of the financial year. Payments can be made via direct debit, bank transfer, or HMRC’s online payment system.
2. Differences from Other Types of Business Structures
The requirements for private limited companies differ from other types of business structures in various ways:
a. Sole Traders
The legal status of sole traders differs significantly from private limited companies, as sole traders are not separate legal entities from their owners. This means the owner is personally responsible for all business debts and liabilities. Instead of a company tax return, sole traders must complete a self-assessment tax return, which includes reporting all business income and allowable expenses. While statutory accounts are not required to be filed with Companies House, sole traders must maintain accurate records for their tax returns.
b. Partnerships
Partnerships, like sole traders, are not separate legal entities, with partners sharing responsibility for the business’s debts and liabilities. Partnerships must submit a partnership tax return, and each partner is required to file a self-assessment tax return for their share of the profits. Although partnerships do not need to file statutory accounts with Companies House, they must keep accurate records for tax purposes.
c. Public Limited Companies (PLCs)
Public limited companies (PLCs) share the characteristic of being separate legal entities with private limited companies, but they can offer shares to the public and are subject to stricter regulatory requirements. PLCs must prepare more detailed statutory accounts, which are filed within six months of the end of the financial year. These accounts are more complex and include additional disclosures. Similar to private limited companies, PLCs must file a company tax return (CT600) and pay Corporation Tax.
d. Limited Liability Partnerships (LLPs)
Limited Liability Partnerships (LLPs) combine elements of partnerships and limited companies, providing limited liability to partners while maintaining flexible management structures. LLPs are required to file annual accounts with Companies House and prepare accounts in accordance with UK GAAP or IFRS. They submit a partnership tax return, and individual partners report their share of profits on their Self Assessment tax returns.
Section D: Limited Company’s First Accounts and Company Tax Return
Starting a limited company in the UK involves several crucial steps, including preparing and filing your first set of accounts and company tax return. This process can be particularly challenging for newly established companies due to the various legal requirements and deadlines involved.
1. Key Considerations for Newly Established Companies
Proper planning and attention to detail will help ensure compliance with legal obligations and set a solid foundation for the company’s financial management. These include areas such as:
a. Initial Accounting Period
Upon incorporation, a company’s first accounting period is automatically set by Companies House and HM Revenue and Customs (HMRC). Typically, this period ends on the last day of the month of the first anniversary of the company’s incorporation. For example, a company incorporated on 15 March 2024 will have its first accounting period ending on 31 March 2025. If necessary, the accounting reference date can be changed to better align with the business cycle, although there are restrictions on how often this can be done.
b. Preparing the First Statutory Accounts
The first statutory accounts will include a balance sheet, a profit and loss account, and notes to the accounts. These documents provide a snapshot of the company’s financial health and performance over its first accounting period. The first set of accounts must be filed within 21 months of the date of incorporation. For instance, a company incorporated on 15 March 2024 must file its first accounts by 15 December 2025.
c. Corporation Tax Registration
Within three months of starting business activities, a company must register for Corporation Tax with HMRC to avoid penalties. Upon registration, HMRC will send an activation code to the registered office address, which is necessary to access HMRC’s online services.
d. Preparing the First Company Tax Return (CT600)
The CT600 form, detailing the company’s income, expenses, tax reliefs, and any tax payable, must be completed. Typically, the first tax period aligns with the first accounting period. However, if the accounting period exceeds 12 months, two tax returns will be required: one for the first 12 months and another for the remaining period.
e. Submitting the Company Tax Return
The company tax return must be filed within 12 months of the end of the first accounting period. For example, if the accounting period ends on 31 March 2025, the tax return is due by 31 March 2026. Using HMRC’s online services to file the return ensures quicker processing and confirmation of receipt.
f. Paying Corporation Tax
Corporation Tax must be paid within nine months and one day after the end of the first accounting period. For instance, if the accounting period ends on 31 March 2025, the tax payment is due by 1 January 2026. Payments can be made via direct debit, bank transfer, or HMRC’s online payment service.
2. Common Pitfalls for New Companies
a. Accurate Record-Keeping
Maintaining detailed records from the beginning is crucial for new companies. Detailed records of all financial transactions, including invoices, receipts, bank statements, and payroll records, are essential for preparing accurate accounts and tax returns. Utilising accounting software can greatly assist in managing financial records and streamlining the preparation of accounts and tax returns.
b. Understanding Deadlines
Awareness of key deadlines is critical to avoid penalties for late filing of accounts or tax returns. Setting reminders for important dates can help ensure timely submission. It is also important to double-check specific deadlines for the company’s first accounts and tax return, as they may differ from standard annual deadlines.
c. Avoiding Common Errors
Providing accurate information in accounts and tax returns is necessary to avoid delays, penalties, and additional scrutiny from HMRC. Ensuring that all required documents and supporting information are included with accounts and tax returns can prevent incomplete submissions, which can lead to complications.
d. Seeking Professional Advice
Hiring an accountant or tax advisor can be beneficial for preparing and filing accounts and tax returns. Professional advice can help ensure accuracy and compliance and enable companies to take advantage of available tax reliefs. Additionally, HMRC offers resources and guidance on their website and through their support services, which can be valuable tools for new companies.
Section E: Construction Industry Scheme (CIS) Overview
The Construction Industry Scheme (CIS) is a set of regulations established by HMRC in the UK to govern payments made by contractors to subcontractors in the construction industry. The main aim of the CIS is to ensure that subcontractors pay the correct amount of tax on their earnings.
1. Who Does the Scheme Apply to?
Businesses or organisations that pay subcontractors for construction work need to comply with the CIS, including property developers, local authorities, housing associations, and large construction companies.
Compliance with CIS also applies to businesses or individuals performing construction work for contractors, which includes sole traders, partnerships, companies, and self-employed workers.
The Construction Industry Scheme covers a range of tasks, including site preparation such as demolition and clearance, building work like bricklaying, roofing, and plastering, and alterations, repairs, and maintenance. It also includes decorating and dismantling structures.
2. How to Register and Comply with CIS Regulations
Contractors who pay subcontractors for construction work must register as contractors with HMRC. Subcontractors performing construction work for a contractor must register as subcontractors. If both criteria are met, registration as both a contractor and subcontractor is required.
Contractors can register using HMRC’s online services or by calling the CIS helpline, providing details such as company name, business address, and Unique Taxpayer Reference (UTR). Subcontractors need to register online through HMRC’s website or contact the CIS helpline, providing their UTR, National Insurance number (if self-employed), and company details (if a limited company).
Contractors must verify the CIS status of subcontractors before making any payments. This verification can be done online or by calling the CIS helpline. HMRC will confirm whether the subcontractor is registered for CIS and the correct deduction rate (20% for registered subcontractors and 30% for unregistered).
Contractors are required to deduct the appropriate amount of CIS tax from payments to subcontractors, which is 20% for registered subcontractors and 30% for those not registered. Detailed records of all payments and deductions must be kept, and subcontractors should be provided with payment and deduction statements.
Monthly CIS returns detailing all payments to subcontractors and the amounts deducted must be submitted to HMRC by the 19th of each month following the tax month. The deducted amounts should be paid to HMRC monthly or quarterly, depending on the payment schedule. Electronic payments are due by the 22nd of the month, while cheque payments are due by the 19th.
Subcontractors should receive monthly statements showing the gross amount paid, the cost of materials (if any), and the amount of CIS tax deducted. At the end of the tax year, an annual statement summarising all payments and deductions should be provided to each subcontractor.
Contractors must ensure all monthly returns are filed and payments are up-to-date, promptly correcting any errors. Subcontractors should use the statements provided by contractors to claim CIS deductions on their Self-assessment tax return or company tax return, ensuring all CIS deductions are accurately reported to HMRC.
3. Common Pitfalls to Avoid
a. Failure to Register: Ensure both contractors and subcontractors register for CIS to avoid penalties and higher deduction rates.
b. Incorrect Deductions: Verify subcontractors correctly to apply the right deduction rates. Mistakes can result in underpayment or overpayment of taxes.
c. Late Filing and Payments: Submit CIS returns and payments on time to avoid penalties and interest charges. Set reminders for key deadlines.
d. Poor Record-Keeping: Maintain accurate and detailed records of all transactions, deductions, and payments. Good records are essential for compliance and auditing purposes.
e. Communication Errors: Ensure subcontractors receive accurate monthly and annual statements. Miscommunication can lead to disputes and compliance issues.
Section F: Corporation Tax
Corporation Tax is a tax imposed on the profits of limited companies and other organisations, including clubs, societies, associations, and other unincorporated bodies in the UK.
The tax is calculated on the profits made by these entities from their business activities, including trading profits, investment profits, and any chargeable gains.
1. Who Needs to Pay Corporation Tax?
All UK-registered limited companies are required to pay Corporation Tax on their taxable profits. This includes profits from trading, investments, and the sale of assets.
Foreign companies operating in the UK with branches or offices must also pay Corporation Tax on the profits generated from their UK activities. This ensures that foreign entities are taxed on the income they earn within the UK, maintaining fairness and consistency in the tax system.
Additionally, clubs, societies, associations, cooperatives, and other unincorporated bodies that engage in trading or business activities are subject to Corporation Tax on their profits. These organisations, though not structured as traditional companies, must comply with Corporation Tax regulations when they conduct business or trading activities.
2. How to Calculate Corporation Tax
To calculate a company’s Corporation Tax liability, you first need to identify its accounting period. This period typically aligns with the company’s financial year, providing a consistent timeline for financial reporting and tax calculations.
a. Calculating Taxable Profits
Taxable profits comprise several components. Trading profits are calculated by subtracting allowable business expenses from the income generated through business activities. Investment profits involve the income from investments, such as interest and dividends, minus any associated expenses. Chargeable gains refer to the profits made from selling or disposing of assets, such as property or equipment, after deducting allowable expenses like the purchase price and improvement costs.
b. Applying Reliefs and Allowances
After determining the initial taxable profits, the next step involves applying any allowable reliefs and allowances. These may include capital allowances, R&D tax credits, and losses carried forward from previous years. Deducting these reliefs from the initial profits reduces the overall taxable amount.
c. Computing Taxable Total Profits
The taxable total profits are computed by summing the adjusted trading profits, investment profits, and chargeable gains after applying the relevant reliefs and allowances. This total represents the company’s overall taxable profit for the accounting period.
d. Applying the Corporation Tax Rate
The final step is to apply the appropriate Corporation Tax rate to the taxable total profits. For the 2023/2024 tax year, the main rate is 25%. However, a small profits rate of 19% applies to companies with profits up to £50,000. Additionally, marginal relief is available for companies with profits between £50,000 and £250,000, which provides a gradual increase in the tax rate between these profit levels.
3. Filing and Paying Corporation Tax
Once incorporated, companies must register for Corporation Tax with HMRC within three months of starting business activities. This initial step ensures that the company is recognised by HMRC and can begin complying with tax obligations from the outset.
a. Maintaining Accurate Records
Detailed and accurate records of all income, expenses, investments, and asset transactions are essential. Maintaining these records is crucial for preparing precise tax returns and substantiating tax calculations. Good record-keeping practices help in ensuring compliance and avoiding potential issues during tax assessments.
b. Preparing the Company Tax Return (CT600)
The Company Tax Return – CT600 form – requires detailed information on the company’s income, expenses, tax reliefs, and overall tax liability. It is necessary to attach statutory accounts and any supplementary pages required by HMRC to provide a comprehensive overview of the company’s financial activities.
c. Filing the Company Tax Return
The completed CT600 form and supporting documents must be filed online through HMRC’s Corporation Tax online service. The deadline for submission is within 12 months of the end of the accounting period. Timely filing is critical to avoid penalties and ensure that the company remains in good standing with HMRC.
d. Paying Corporation Tax
Corporation Tax payments must be made within nine months and one day after the end of the accounting period. For instance, if the accounting period ends on 31 March 2024, the tax payment is due by 1 January 2025. Payments can be made via direct debit, bank transfer, or using HMRC’s online payment services. Large companies with annual profits over £1.5 million may be required to pay their Corporation Tax in quarterly instalments, ensuring regular contributions throughout the year.
4. Key Deadlines and Penalties
Companies must register for Corporation Tax within three months of starting business activities. This ensures that HMRC is aware of the company’s existence and its obligation to pay tax on its profits.
The company tax return must be filed within 12 months of the end of the accounting period. This return provides HMRC with detailed information about the company’s income, expenses, and tax liabilities for the relevant period.
Corporation Tax must be paid within nine months and one day after the end of the accounting period. Timely payment is crucial to avoid interest charges and additional penalties.
Penalties for late filing of the company tax return range from £100 to 20% of the unpaid tax, depending on how late the return is and the frequency of late filings. For late payments, interest is charged on the outstanding amount, and additional penalties may be imposed for prolonged delays. This underscores the importance of adhering to the specified deadlines for both filing and payment.
You can read our extensive guide to Corporation Tax here >>
Section G: Capital Allowances
Capital Allowances are a form of tax relief available to businesses in the UK for the depreciation of certain fixed assets. Instead of deducting the cost of these assets as an expense all at once, businesses can claim capital allowances to spread the cost over several years. This reduces the taxable profits and, consequently, the Corporation Tax liability.
Capital allowances are advantageous for businesses for several reasons. They provide a way for businesses to reduce their taxable profits by accounting for the depreciation of significant capital expenditures, and through the ability to spread the cost of expensive assets over multiple years, businesses can manage their cash flow more effectively. They also act as an investment incentive, encouraging businesses to invest in new equipment, machinery, and other assets by providing tax relief.
1. Types of Capital Allowances
In the UK, there are various types of capital allowances catering to different kinds of expenditures, each with specific rules and benefits. These include:
a. Annual Investment Allowance (AIA)
The Annual Investment Allowance allows businesses to deduct the full value of qualifying capital expenditure from their profits up to a certain limit in the year of purchase. As of the current tax year, the AIA limit is £1,000,000. Most plant and machinery, including fixtures and fittings, office equipment, and certain building improvements, qualify for this allowance. The amount of qualifying expenditure is deducted directly from the taxable profits on the Company Tax Return (CT600).
b. Writing Down Allowance (WDA)
The Writing Down Allowance allows businesses to deduct a percentage of the value of an asset each year over its useful life. For most plant and machinery, the main pool rate is 18% per year. Assets such as integral features of buildings, long-life assets, and thermal insulation fall under the special rate pool, which is 6% per year. This allowance applies to plant and machinery not covered by AIA. The calculation is based on the pool value, which is deducted from the taxable profits on the Company Tax Return.
c. First Year Allowances (FYA)
First Year Allowances offer enhanced capital allowances on specific types of assets in the year of purchase. Businesses can deduct up to 100% of the qualifying expenditure. This applies to environmentally friendly equipment, energy-saving technology, and certain types of cars with low CO2 emissions. The full cost of qualifying assets is deducted from the taxable profits in the first year on the Company Tax Return.
d. Structures and Buildings Allowance (SBA)
The Structures and Buildings Allowance provides relief for the cost of constructing non-residential structures and buildings. The rate is 3% per year over 33 1/3 years. This allowance covers new commercial buildings, renovations, and improvements. Each year, 3% of the qualifying expenditure is deducted from the taxable profits on the Company Tax Return.
e. Research and Development Allowances (RDA)
Research and Development Allowances allow businesses to claim 100% of the cost of qualifying research and development (R&D) expenditure. This includes capital expenditure on R&D, such as laboratories and research facilities. The full cost of qualifying R&D assets is deducted from the taxable profits in the year of purchase on the Company Tax Return.
f. Full Expensing Allowances
Full Expensing Allowances allow businesses to immediately deduct the cost of qualifying plant and machinery investments from their taxable profits in the year of purchase. This type of allowance provides a significant cash flow benefit by reducing the tax burden more quickly compared to other types of capital allowances, which spread the deductions over several years. Most new plant and machinery that qualify for AIA are eligible, excluding cars and second-hand assets. The full expense is claimed upfront, simplifying the tax return process.
2. How to Claim Capital Allowances
Determining which assets qualify for capital allowances involves assessing the types described, such as AIA, WDA, FYA, SBA, RDA and Full Expensing Allowances, ensuring the correct allowances are claimed for each asset type.
Accurate records of all capital expenditures must be maintained. This includes keeping purchase invoices, descriptions, and acquisition dates. Detailed documentation is essential to support the claims and comply with HMRC requirements.
Calculating the capital allowances involves applying the relevant rates and pool values for each type of allowance. This calculation determines the amount that can be deducted from the taxable profits, ensuring that businesses take full advantage of the available reliefs.
The calculated capital allowances should be included in the CT600. Accurate reporting of all claims, supported by the relevant documentation, ensures the tax return reflects the correct allowances. This step is crucial for compliance and to avoid any issues with HMRC.
Providing additional information or documentation to HMRC may be necessary to substantiate the claims. This process ensures that all claims are fully supported, facilitating smooth processing and approval of the allowances by HMRC.
You can read our extensive guide to Capital Allowances here >>
Section H: Capital Gains Tax
Capital Gains Tax (CGT) is a tax on the profit made when a business sells or disposes of an asset that has increased in value. The tax is not applied to the total amount received from the sale but to the gain made. This gain is the difference between the sale price and the original purchase price of the asset.
1. How CGT Applies
Capital Gains Tax can apply to various types of assets, including property that is not the business’s main premises, shares, and other investments. Valuable items such as artwork and equipment are also subject to CGT. These assets, when sold or disposed of, can generate a capital gain which may be taxable.
CGT may become applicable when a business sells an asset, transfers it as a gift, swaps it for another asset, or receives compensation for it, such as an insurance payout. These transactions are considered disposals and can trigger a CGT liability if a gain is realised.
Certain assets are exempt from CGT. This includes specific government bonds, personal possessions worth less than £6,000 (such as antiques and jewellery), and cars. These exemptions can help reduce the overall CGT liability for a business.
Rollover relief allows businesses to defer CGT when selling business assets and using the proceeds to purchase new qualifying assets. This deferral means that the CGT liability is postponed until the new assets are sold. Rollover relief can provide significant tax planning benefits, allowing businesses to reinvest in growth without an immediate CGT burden.
Accurate record-keeping and timely filing of tax returns are essential to ensure compliance and optimise the tax benefits.
2. Calculating Capital Gains Tax
Capital Gains Tax begins with determining the gain from the sale of an asset. The sale price represents the amount received from selling the asset, while the purchase price is the amount paid to acquire it, including associated purchase costs such as legal fees and stamp duty. The gain is calculated by subtracting the purchase price from the sale price.
Certain expenses can be deducted from the gain to reduce the taxable amount. Enhancement costs, which are expenses incurred in improving the asset and adding value to it, can be deducted. Incidental costs related to the acquisition and disposal of the asset, such as legal fees, valuation fees, and advertising costs, are also deductible. The adjusted gain is calculated by subtracting these allowable expenses from the initial gain.
Various reliefs and allowances can further reduce the CGT liability. Entrepreneurs’ Relief is available for qualifying business disposals and reduces the CGT rate to 10% on gains up to a lifetime limit. Rollover relief allows businesses to defer CGT when selling and reinvesting in qualifying assets. It is important to note that businesses are not eligible for the annual exemption available to individuals.
The applicable CGT rate varies depending on the type of taxpayer and the nature of the asset. For companies, the gain is added to the company’s taxable profits and taxed at the Corporation Tax rate, which is currently 19% for most companies. For individuals and sole traders, the CGT rate can be 10% or 20%, depending on the total taxable income and the type of asset.
3. Paying Capital Gains Tax
Companies must include the capital gain in their Corporation Tax Return (CT600). This gain is added to the company’s total profits for the accounting period, and Corporation Tax is then calculated on the total amount. The return must be filed within 12 months of the end of the accounting period.
Sole traders and partnerships are required to report capital gains on their Self-assessment tax return. This return must be filed by 31 January following the end of the tax year in which the gain was made.
For companies, Corporation Tax, including tax on capital gains, must be paid within nine months and one day after the end of the accounting period. For individuals and sole traders, Capital Gains Tax must be paid by 31 January following the end of the tax year. This ensures timely compliance with HMRC requirements and avoids any potential penalties for late payment.
You can read our extensive guide to Capital Gains Tax here >>
Section I: Value Added Tax (VAT)
Value Added Tax (VAT) is a consumption tax levied on most goods and services sold in the UK. Businesses collect VAT on behalf of HM Revenue and Customs (HMRC) when they make taxable supplies, including selling goods, providing services, and hiring or loaning goods. The standard VAT rate is currently 20%, but reduced rates of 5% and 0% apply to certain goods and services.
1. Which Businesses Need to Register for VAT?
Businesses must register for VAT if their taxable turnover exceeds the VAT threshold, currently set at £90,000 in a 12-month period. This requirement also applies to non-UK businesses making taxable supplies in the UK if they meet the threshold or make any distance sales into the UK.
Businesses with a taxable turnover below the VAT threshold can opt to register for VAT voluntarily. This can be advantageous if the business incurs significant VAT on purchases and seeks to reclaim it, thus reducing overall costs.
Certain situations necessitate VAT registration regardless of the general turnover threshold. Businesses acquiring goods worth more than £90,000 from other EU countries must register for VAT. Additionally, if a business sells goods to consumers in the EU and these sales exceed the distance selling threshold of the consumer’s country, VAT registration in the UK becomes necessary.
2. Filing VAT Returns
Most businesses submit VAT returns quarterly, although some may choose monthly or annual returns. VAT returns must be filed online through the HMRC website using a Government Gateway account. Businesses with a taxable turnover above the VAT threshold are required to use Making Tax Digital (MTD)-compatible software to keep digital records and file returns.
Maintaining detailed records of all sales and purchases, including invoices, receipts, and VAT calculations, is essential. Calculating VAT involves determining the output tax, which is the VAT collected on sales, and the input tax, which is the VAT paid on purchases and expenses. Net VAT is found by subtracting input tax from output tax. If output tax exceeds input tax, the business owes VAT to HMRC. Conversely, if input tax exceeds output tax, the business can reclaim the difference. These figures for output tax, input tax, and the net VAT owed or reclaimable are entered in the VAT return, which must be filed online by the due date, usually one month and seven days after the end of the VAT period.
3. Paying VAT
VAT payments must be made by the same deadline as the VAT return submission, which is one month and seven days after the end of the VAT period. Various payment methods are available, including direct debit, bank transfer, credit or debit card, or through the Faster Payments Service. For businesses facing cash flow difficulties, HMRC allows negotiation of a payment plan to spread out VAT payments.
4. Common VAT Schemes
Several VAT schemes can simplify VAT accounting for businesses.
The Flat Rate Scheme applies a fixed percentage to the business’s turnover, simplifying the process but not always resulting in a lower VAT bill.
The Annual Accounting Scheme allows businesses to make advance payments towards their VAT bill based on estimated liability, with a final balancing payment at the end of the year.
The Cash Accounting Scheme lets businesses account for VAT based on cash flow rather than invoice dates, aiding in cash flow management. The Margin Scheme is for businesses selling second-hand goods, antiques, art, and collectables, allowing VAT to be paid on the difference between the purchase and selling price.
5. Penalties and Compliance
Penalties apply for late filing of VAT returns, including surcharges and interest on unpaid VAT. Late VAT payments incur interest charges, and repeated late payments may attract additional surcharges. Businesses must keep VAT records for at least six years, including sales and purchase invoices, credit notes, and import/export documents. Poor record-keeping can lead to compliance issues and penalties, making accurate and thorough record maintenance crucial.
Section J: Pay As You Earn (PAYE)
Pay As You Earn (PAYE) is a system used by HM Revenue and Customs (HMRC) to collect Income Tax and National Insurance Contributions (NICs) from employees’ earnings. Under the PAYE system, employers deduct tax and NICs from employees’ wages or salaries before paying them. This ensures that employees pay their taxes throughout the year rather than in a lump sum at the end of the tax year.
1. How PAYE Works
PAYE applies to various forms of earnings, including wages, salaries, bonuses, commissions, and certain benefits. Employers deduct Income Tax, National Insurance Contributions (NICs), student loan repayments, and other deductions, such as pension contributions, directly from employees’ pay. HMRC issues tax codes to employers, determining the amount of tax to be deducted based on the employee’s personal allowances and circumstances.
Employers must report these deductions to HMRC each time they pay their employees, ensuring real-time tax collection and updates through the Real-Time Information (RTI) system.
2. Employer Responsibilities and Filing Requirements
New employers must register with HMRC before their first payday. Registration can be completed online via the HMRC website. Once registered, HMRC provides a PAYE reference number, which is used for all PAYE communications and filings.
The employer then has to keep accurate records of employees’ personal details, employment contracts, tax codes, and any changes to their employment status. Detailed records of all payments to employees, including gross pay, deductions, net pay, and employer NICs, are all essential for compliance.
Employers must use HMRC-recognised payroll software to report PAYE information. This software calculates deductions, generates payslips, and submits RTI reports to HMRC.
Income Tax is calculated based on the employee’s tax code and earnings, using HMRC’s tax tables and guidance for accuracy. Both employee and employer NICs are calculated according to the employee’s earnings and category letter. Other deductions may include student loan repayments, pension contributions, and voluntary deductions.
Employees should receive payslips detailing their earnings, deductions, and net pay each payday.
An FPS (Full Payment Submission) must be submitted to HMRC on or before each payday, including details of employees’ pay, tax, NICs, and other deductions. An EPS (Employer Payment Summary) should be submitted if claiming reductions such as statutory payments (e.g., statutory sick pay) or if no employees were paid in a pay period. The FPS must be submitted on or before payday, while the EPS must be submitted by the 19th of the following month if needed.
PAYE payments are typically due monthly, by the 22nd of the following month if paying electronically or by the 19th if paying by post. Employers with small PAYE liabilities may be eligible to pay quarterly. Payments can be made via direct debit, bank transfer, or through HMRC’s online payment service.
Each employee must receive a P60 form by 31 May following the end of the tax year, summarising their total pay and deductions for the year. A final FPS or EPS must be submitted to HMRC, indicating it is the final submission for the tax year.
PAYE records must be kept for at least three years after the end of the tax year, including payroll records, RTI submissions, tax codes, and P60 forms. Failure to keep accurate records or meet filing requirements can result in penalties from HMRC.
New starters should provide a P45 form, used to determine their tax code. If a P45 is not available, HMRC’s starter checklist should be used to establish the correct tax code. Departing employees should be provided with a P45 form detailing their pay and deductions up to their leaving date.
Taxable benefits and expenses provided to employees must be reported using the P11D form. Employers must also submit a P11D(b) form declaring the total amount of Class 1A NICs due on these benefits. Class 1A NICs must be paid to HMRC by 22 July (19 July if paying by post) following the end of the tax year.
Section K: Business Rates
Business rates are a tax levied on non-domestic properties, which help fund local services provided by councils. These rates are charged on properties like shops, offices, factories, and warehouses. Business rates are similar to council tax for residential properties but apply to commercial premises.
1. Who Needs to Pay Business Rates?
Business rates are payable by:
a. Occupiers of Non-Domestic Properties: The occupier of non-domestic property is responsible for paying business rates. This includes owners who use the property for their own business purposes or tenants renting the premises.
b. Mixed-Use Properties: If a property is used for both domestic and non-domestic purposes (e.g., a shop with a flat above), business rates apply to the non-domestic portion.
c. Empty Properties: Owners of empty non-domestic properties may still need to pay business rates, though certain exemptions and reliefs might apply.
2. How Business Rates Are Calculated and Paid
The Valuation Office Agency (VOA) assesses the rateable value of non-domestic properties, which represents the estimated annual rent the property could achieve if let on the open market at a fixed valuation date. Periodic revaluations by the VOA ensure that the rateable values reflect changes in the property market. The most recent revaluation came into effect on 1 April 2023, based on property values as of 1 April 2021.
a. Business Rates Multiplier
The government sets the business rates multiplier annually, which determines the pence per pound of rateable value that businesses must pay. For the 2023/2024 tax year, the standard multiplier is 51.2p. A reduced multiplier, known as the small business multiplier, applies to properties with a rateable value below a certain threshold. For 2023/2024, this small business multiplier is 49.9p.
b. Calculating Business Rates
The basic calculation for determining annual business rates liability involves multiplying the property’s rateable value by the appropriate multiplier. For example, a property with a rateable value of £20,000 and using the standard multiplier of 51.2p would result in annual business rates of £10,240 (£20,000 x 0.512).
c. Reliefs and Exemptions
Various reliefs and exemptions can reduce the amount payable for business rates:
i. Small Business Rate Relief (SBRR): Eligible businesses with a rateable value of £15,000 or less can receive relief, with properties valued at £12,000 or less qualifying for 100% relief.
ii. Empty Property Relief: No business rates are payable on empty properties for the first three months (or six months for industrial properties). After this period, full rates apply unless the property qualifies for an exemption.
iii. Rural Rate Relief: Available for certain rural businesses in designated areas, offering up to 100% relief.
iv. Charitable Rate Relief: Charities and community amateur sports clubs (CASCs) can receive up to 80% relief on their business rates.
v. Other Reliefs: Various other reliefs may be available, including enterprise zone relief, hardship relief, and transitional relief to limit increases in rates bills following a revaluation.
d. Payment of Business Rates
Local councils are responsible for billing and collecting business rates. Councils issue rate demands (bills) annually, detailing the amount payable. Businesses typically pay business rates in 10 monthly instalments from April to January, although some councils may offer 12-month payment plans or alternative arrangements. Payments can be made by direct debit, bank transfer, cheque, or online through the council’s payment portal.
e. Appeals and Revaluations
Businesses can appeal their rateable value if they believe it is incorrect. The formal process, known as Check, Challenge, Appeal, involves three stages:
i. Check: Review and confirm the property details held by the VOA.
ii. Challenge: Submit a formal challenge if the rateable value is believed to be wrong, providing evidence and reasons.
iii. Appeal: If the challenge is unsuccessful, businesses can appeal to the Valuation Tribunal for England.
f. Transitional Relief
Transitional relief is designed to phase in significant changes in business rates bills following a revaluation. This relief caps and spreads increases over several years, helping businesses gradually adjust to new rates. This mechanism ensures that businesses are not suddenly hit with large increases in their rates bills, providing a smoother financial adjustment period.
Section L: Self-Assessment for Sole Traders and Partnerships
Self-assessment is a system used by HMRC to collect income tax from individuals, including sole traders and partners. Unlike employees who have their taxes deducted at source through PAYE, sole traders and partners must report their income and expenses themselves and calculate the tax they owe.
1. Who Needs to Submit a Self-Assessment Tax Return?
Self-assessment returns should be made by:
a. Sole Traders: Individuals who run their own business or work for themself and are not registered as a limited company. They must submit a self-assessment if their business or work income is above the trading allowance (£1,000 for the 2024/25 tax year).
b. Partners: Individuals who are part of a business partnership. Each partner must submit a self-assessment tax return detailing their share of the partnership’s profits or losses.
c. Total taxable income of over £150,000: If your total income from all sources, including employment, self-employment, and investments, exceeds £150,000, you generally need to submit a self-assessment tax return.
d. Capital Gains Tax Liability: If you’ve made a profit from selling assets like property, shares, or collectables, you may need to pay Capital Gains Tax. This often requires submitting a self-assessment tax return.
e. Receive Child Benefit, and your income is over a certain threshold: If you receive Child Benefit and your household income exceeds a certain level, you may need to complete a Child Benefit form, which is linked to the self-assessment process.
f. Have untaxed income: Any income that hasn’t already been taxed at source, such as rental income, tips, or commission, typically requires reporting on a self-assessment tax return.
g. Claim certain tax reliefs or allowances: If you’re entitled to tax reliefs or allowances, such as pension contributions or charitable donations, you may need to submit a self-assessment tax return to claim them.
2. How to Complete a Self-Assessment Return
Sole traders should register with HMRC as soon as trading begins, using the HMRC website for online registration. For partnerships, both the partnership itself and each individual partner must register. The partnership will receive a Unique Taxpayer Reference (UTR) for the business, and each partner will receive their own UTR.
a. Gather Financial Records
Collecting all relevant financial records is essential. These include business income such as invoices and sales records, business expenses like receipts and invoices for purchases, utility bills, bank statements, and records of any other income such as rental income or dividends.
b. Calculate Your Income and Expenses
The first step is to add up all business income for the tax year. Deduct allowable business expenses from this income. Allowable expenses may include office costs, travel expenses, stock or raw materials, marketing, and utilities.
c. Determine Your Profit
Calculating taxable profit involves subtracting allowable expenses from the total income. This figure represents the profit on which tax will be assessed.
d. Complete the Tax Return
The self-assessment form can be completed online by logging into the HMRC account and following the on-screen instructions to enter income, expenses, and other relevant information. For those filing by paper, the SA100 form and any supplementary pages relevant to the situation, such as SA103 for self-employment or SA104 for partnerships, must be completed.
e. Claim Reliefs and Allowances
Claiming the personal allowance, which reduces taxable income, is essential. For the 2024/2025 tax year, the personal allowance is £12,570. Additionally, other applicable reliefs such as the Marriage Allowance, Trading Allowance, or Blind Person’s Allowance should be claimed.
f. Submit the Tax Return
Review all entries carefully before submitting the completed tax return online through the HMRC account. If filing by paper, ensure the completed form is signed and posted to HMRC before the deadline.
g. Pay the Tax Owed
Any tax owed must be paid by 31 January following the end of the tax year. Payments can be made using direct debit, bank transfer, cheque, or through the HMRC online payment service.
h. Payments on Account
For tax bills over £1,000, payments on account may be necessary. These are advance payments towards the next year’s tax bill, payable in two instalments on 31 January and 31 July. If payments on account do not cover the total tax bill, a balancing payment will be required by 31 January.
i. Penalties and Interest
Penalties for late filing start at £100 and increase the longer the return is overdue. Interest is charged on late payments, and additional penalties may apply if payment is significantly overdue. Keeping track of deadlines and making timely payments helps avoid these penalties and interest charges.
3. Filing Deadlines
The key dates for filing self-assessment returns are:
a. 31 January: Deadline for online submission of self-assessment tax returns and payment of any tax owed for the previous tax year.
b. 31 October: Deadline for paper submission of self-assessment tax returns.
c. 5 October: Deadline to register for self-assessment if you have not submitted a tax return before.
Section M: National Insurance Contributions
National Insurance Contributions (NICs) are payments made to the UK government to qualify for certain state benefits, including the State Pension, maternity allowance, and other social security benefits. There are different classes of NICs depending on employment status and earnings.
1. Impact of NICs
a. Employees
Class 1 National Insurance Contributions (NICs) are deducted from employees’ wages through the PAYE (Pay As You Earn) system, reducing take-home pay. Regular payment of NICs qualifies employees for various state benefits, including the State Pension, Jobseeker’s Allowance, and Maternity Allowance. Employees should understand NIC thresholds and rates to ensure contributions are correctly calculated and deducted.
b. Employers
Employers bear the responsibility of paying both Class 1 and Class 1A NICs, adding to overall employment costs. Payroll management involves calculating, deducting, and paying NICs to HMRC through the PAYE system, as well as reporting these contributions through regular RTI (Real-Time Information) submissions. Employers must account for NICs when budgeting for employee salaries and benefits, as high NIC costs can impact hiring decisions and overall business expenses.
c. Self-Employed Individuals
Self-employed individuals pay Class 2 NICs if profits exceed the Small Profits Threshold, ensuring qualification for state benefits. In addition to Class 2 NICs, they must pay Class 4 NICs based on annual profits, calculated when completing the annual Self Assessment tax return. Effective tax planning includes budgeting for NIC payments and understanding their impact on take-home profits.
d. Voluntary Contributors
Individuals with gaps in their NIC records, such as periods of unemployment or low earnings, can make voluntary Class 3 contributions to protect entitlement to state benefits, particularly the State Pension.
2. Compliance and Penalties
NIC payments should be made on time to avoid penalties and interest charges from HMRC. Employers are also required to report NICs through their payroll system and RTI submissions.
Accurate records of NIC payments will be needed to ensure correct calculations and payments. These records should also be correctly reflected in financial statements and tax returns to ensure compliance and avoid potential issues with HMRC. Errors in reporting can lead to penalties and additional scrutiny from HMRC.
Section N: R&D Tax Credits
R&D Tax Credits are a government incentive designed to encourage companies to invest in research and development (R&D) in the UK. These credits provide tax relief to businesses engaging in qualifying R&D activities, reducing their tax liabilities or providing a cash refund.
The scheme is administered by HMRC and is available to a wide range of companies, regardless of size or sector.
1. Who Can Claim R&D Tax Credits?
R&D tax credits are available to limited companies subject to UK Corporation Tax. To qualify, the activities must be part of a project seeking to achieve an advance in science or technology, which involves overcoming scientific or technological uncertainties. The work should be innovative, aiming to develop new products, processes, or services or improve existing ones.
Expenditure must be on qualifying R&D costs, which can include staffing, materials, software, utilities, and subcontracted R&D work. These costs need to be directly related to the R&D activities of the company to be eligible for the tax credits.
2. Types of R&D Tax Credit Schemes
Types of R&D schemes include:
a. Small and Medium-sized Enterprises (SME) Scheme
The SME Scheme is designed for companies with fewer than 500 employees and either an annual turnover under €100 million or a balance sheet total under €86 million. This scheme offers a higher rate of relief, making it particularly beneficial for smaller companies undertaking innovative projects. Eligible SMEs can claim a significant portion of their R&D expenditure, enhancing their financial capacity to continue investing in research and development.
The SME Scheme offers significant financial advantages for eligible small and medium-sized enterprises. One key benefit is the enhanced deduction, allowing SMEs to claim 230% of qualifying R&D expenditure against their taxable profits. This substantial deduction can significantly reduce the tax liability of profitable companies.
For loss-making SMEs, the scheme provides the option to surrender the loss for a cash credit, which can be worth up to 14.5% of the surrenderable loss.
b. Research and Development Expenditure Credit (RDEC)
The RDEC scheme caters to large companies as well as SMEs that have received certain grants or subsidies for their R&D projects. This scheme provides a tax credit that can be offset against a company’s tax liabilities or, in some cases, paid out as a cash credit. The RDEC scheme helps ensure that larger businesses and those with subsidised projects can still benefit from tax relief on their R&D activities, encouraging continued investment in innovation across all sectors.
The RDEC scheme provides a tax credit of 13% of qualifying R&D expenditure, which is treated as taxable income. This “above-the-line” credit benefits large companies and SMEs with certain grants or subsidies for their R&D projects. The credit can be utilised in several ways: it can be paid out in cash, used to offset existing Corporation Tax liabilities, or carried forward to future periods.
3. Qualifying R&D Costs
Businesses can claim R&D relief on certain types of expenditure and costs relating to specific R&D activity, which can include:
a. Staffing Costs
Salaries, wages, employer’s National Insurance Contributions (NICs), and pension contributions for staff directly involved in research and development activities fall under qualifying R&D costs. These expenses account for a significant portion of the overall R&D expenditure, reflecting the value of the human resources dedicated to innovation.
b. Consumables
Materials and utilities, such as power and water, used in the R&D process are considered qualifying costs. These consumables are essential for conducting experiments and developing new products or processes, making them a crucial part of the R&D budget.
c. Software
Costs associated with software used in R&D activities also qualify. This includes software licenses and development tools that facilitate the research and development process, ensuring that technological advancements are supported by the necessary digital infrastructure.
d. Subcontracted R&D
Payments made to subcontractors for R&D work are included in qualifying costs, though the rules differ for SMEs and large companies. For SMEs, a portion of subcontracted R&D costs can be claimed, while large companies may have different limitations and criteria to meet.
e. Clinical Trials
Pharmaceutical and biotech companies can include the costs of clinical trials in their qualifying R&D expenses. Clinical trials are a vital part of developing new drugs and treatments, and the associated costs reflect the rigorous testing and validation required in these industries.
4. Claims Process
Determining which projects and costs are eligible for R&D tax relief involves assessing whether the projects meet the criteria for innovation and overcoming scientific or technological uncertainties. This step is crucial for ensuring that the claim aligns with HMRC’s requirements for R&D activities.
Providing detailed descriptions of the R&D projects is essential. These descriptions should highlight the technological challenges, uncertainties, and the advances achieved. Accurate financial records, including invoices, payroll records, and contracts with subcontractors, must be maintained to support the claim.
The calculation method differs depending on the scheme. Under the SME Scheme, the enhanced deduction is 230% of the qualifying R&D expenditure. For the RDEC Scheme, the tax credit is 13% of the qualifying R&D expenditure. These calculations form the basis of the tax relief claim.
The R&D tax relief claim must be included in the company’s Corporation Tax return. This involves completing the relevant sections of the CT600 form and attaching the R&D Tax Relief and Credit (CT600L) supplementary pages.
The Corporation Tax return, along with all supporting documentation and calculations, must be filed with HMRC. If necessary, previous years’ returns can be amended to include R&D claims, provided they fall within the two-year time limit from the end of the accounting period in which the R&D costs were incurred.
5. Processing and Review
HMRC will review the claim and may request additional information or clarification. This review process can take several weeks to months, depending on the complexity of the claim and the completeness of the submitted documentation.
Once HMRC approves the claim, they will adjust the company’s Corporation Tax liability accordingly. This could result in a repayment, a reduction in the tax bill, or a payable credit, depending on the company’s financial situation and the nature of the claim.
6. Common Pitfalls and Best Practices
Ensuring thorough documentation of R&D activities and costs is vital. Poor documentation is a common reason for claim rejections or delays. Keeping detailed and organised records will facilitate a smoother review process.
A clear understanding of the criteria for qualifying projects and costs is essential. Many claims are rejected because they do not meet HMRC’s strict eligibility requirements. Ensuring that all projects and expenses align with these criteria is critical for a successful claim.
Seeking professional advice from R&D tax specialists or accountants with experience in preparing and submitting R&D tax credit claims can be beneficial. Professional guidance can help navigate the complexities of the claims process and increase the likelihood of a successful outcome.
Section O: Dividends
Dividends are payments made by a company to its shareholders out of its profits. For individuals receiving dividends, the tax treatment depends on the amount of dividends received and their total income.
1. Dividend Allowance and Tax Rates
Every individual is entitled to a tax-free dividend allowance. For the 2024/25 tax year, this allowance is set at £500. This means that the first £500 of dividends received within a tax year are not subject to tax, allowing investors to benefit from a portion of their dividend income tax-free.
Dividends exceeding the £500 allowance are subject to tax at different rates, depending on the individual’s total income and tax band. Basic rate taxpayers are taxed at 8.75% on dividends above the allowance. For higher-rate taxpayers, the rate is 33.75%, while additional-rate taxpayers face a rate of 39.35%.
2. Impact on Different Income Levels
Individuals with a total income, including dividends, up to £50,270 fall into the basic rate tax band. For these taxpayers, dividends above the £500 allowance are taxed at 8.75%.
Those with a total income, including dividends, between £50,271 and £125,140 are classified as higher-rate taxpayers. For this group, the tax rate on dividends exceeding the allowance is 33.75%
Individuals with a total income, including dividends, above £125,140 fall into the additional rate tax band. Dividends above the allowance for these taxpayers are taxed at 39.35%.
3. How to Report and Pay Tax on Dividends
Certain reporting and payment rules apply in relation to dividends:
a. Reporting Dividends
Dividends exceeding the dividend allowance must be reported on your self-assessment tax return. If you are not already registered, registration with HMRC is required by 5 October following the end of the tax year in which you received the dividends. All dividends received should be included in the relevant section of the self-assessment tax return, detailing the amount received and the dates.
b. Reporting Dividends on Self-Assessment
Gathering all dividend statements received during the tax year is essential. These statements, usually provided by the company, detail the amount of each dividend payment. Access your self-assessment tax return through your HMRC online account and enter the total amount of dividends received in the ‘Dividends’ section. If dividends were received from multiple sources, add up the total amount. HMRC will automatically calculate the taxable dividends by subtracting the dividend allowance from the total dividends received. Review all entries carefully before submitting the return to ensure that all dividend income is accurately reported.
c. Paying Tax on Dividends
The deadline for paying any tax owed on dividends is 31 January, following the end of the tax year. For example, for dividends received in the 2023/24 tax year, the payment deadline is 31 January 2025. HMRC offers several payment methods, including direct debit, bank transfer, cheque, and online payment through the HMRC website.
d. Payments on Account
For tax bills over £1,000, payments on account may be required for the following tax year. These advance payments towards your next year’s tax bill are made in two instalments: the first instalment is due by 31 January, and the second instalment is due by 31 July. If payments on account do not cover the total tax bill, a balancing payment is due by 31 January of the following tax year.
e. Dividend Reinvestment Plans (DRIPs)
Dividends that are automatically reinvested to purchase more shares remain subject to tax. Such dividends must be reported as if they were received in cash. Accurate records of all reinvested dividends and the purchase of additional shares should be maintained.
f. Dividends from Foreign Companies
Dividends received from foreign companies must also be reported on your self-assessment tax return. Different tax treatments may apply depending on the country of origin and any applicable double taxation agreements. A foreign tax credit may be available if foreign tax has been paid on the dividends, which can offset the UK tax liability.
Section P: Tax Reliefs and Allowances Overview
Tax reliefs and allowances are incentives provided by the government to reduce the tax burden on businesses, encouraging investment, growth, and innovation. These reliefs and allowances can significantly impact a company’s profitability and cash flow.
1. Key Business Tax Reliefs
Key tax reliefs and allowances available to UK businesses include:
a. Annual Investment Allowance (AIA)
The Annual Investment Allowance (AIA) permits businesses to deduct the full value of qualifying capital expenditure on plant and machinery, excluding cars, up to a certain limit. For the 2023/24 tax year, the AIA limit stands at £1,000,000, providing immediate tax relief on capital investments and improving cash flow for businesses.
b. Research and Development (R&D) Tax Credits
R&D tax credits incentivise companies to invest in innovation and technological advancements by offering tax relief on qualifying R&D expenditure. The SME Scheme provides an enhanced deduction of 230% of qualifying R&D costs, while the Research and Development Expenditure Credit (RDEC) Scheme offers larger companies a tax credit worth 13% of qualifying R&D expenditure.
c. Capital Allowances
Capital allowances offer tax relief on the depreciation of certain fixed assets over time. Various types of capital allowances include the Writing Down Allowance (WDA), First Year Allowance (FYA), and Structures and Buildings Allowance (SBA). These allowances reduce taxable profits by accounting for the depreciation of assets, easing the financial burden on businesses.
d. Small Business Rate Relief (SBRR)
Small Business Rate Relief (SBRR) reduces the amount of business rates small businesses have to pay on their properties. This relief is available to businesses with properties having a rateable value of £15,000 or less, offering up to 100% relief for properties with a rateable value of £12,000 or less, thus supporting smaller enterprises in managing their overhead costs.
e. Enterprise Investment Scheme (EIS)
The Enterprise Investment Scheme (EIS) provides tax relief to investors who purchase shares in small, high-risk companies. Investors can receive 30% income tax relief on investments up to £1 million per year, encouraging investment in growing businesses and facilitating their expansion and development.
f. Seed Enterprise Investment Scheme (SEIS)
Similar to EIS, the Seed Enterprise Investment Scheme (SEIS) focuses on early-stage companies. Investors can benefit from 50% income tax relief on investments up to £100,000 per year, supporting new businesses and startup ventures by making it easier for them to attract funding.
g. Patent Box
The Patent Box regime allows companies to apply a lower rate of Corporation Tax to profits earned from patented inventions. The tax rate on qualifying profits is 10%, encouraging innovation and the development of new technologies by making it more financially rewarding.
h. Creative Industry Tax Reliefs
Various creative industries, including film, animation, and video game production, benefit from Creative Industry Tax Reliefs. These reliefs provide additional tax relief on qualifying production expenditure, supporting the growth and sustainability of creative enterprises.
i. Loss Relief
Loss relief allows businesses to offset trading losses against other income or carry losses forward to offset against future profits. This mechanism reduces taxable income and future tax liabilities, providing financial relief to businesses during challenging periods.
2. How to Apply and Benefit from These Reliefs
Claiming tax reliefs and allowances can significantly enhance a business’s financial health, reducing tax liabilities and improving cash flow. Take full advantage of the potential tax reliefs available to your business as follows:
a. Identify Eligible Expenditures
Accurate record-keeping of all business expenditures, investments, and income is essential for identifying eligible expenditures. Reviewing financial records helps in pinpointing costs that qualify for specific reliefs and allowances, such as R&D expenditure, capital investments, and qualifying property costs.
b. Prepare Documentation
Detailed records and documentation are crucial to support claims. This includes maintaining invoices, contracts, project descriptions, and financial statements. Ensuring compliance with HMRC guidelines and requirements for each relief is vital for the successful application of these tax benefits.
c. Complete the Corporation Tax Return (CT600)
Accurately entering the amounts claimed for various reliefs and allowances on the CT600 form is essential. Completing any necessary supplementary pages, such as the CT600L for R&D tax credits, ensures that all claims are properly documented.
d. Submit the Tax Return
Filing the Corporation Tax return by the due date, typically 12 months after the end of the accounting period, is crucial. Using HMRC’s online services to submit the return and claim reliefs streamlines the process and ensures timely submission.
e. Seek Professional Advice
Consulting with tax advisors or accountants who specialise in business tax reliefs and allowances can provide valuable guidance on eligibility, documentation, and maximising benefits. Their expertise helps ensure that all potential reliefs are identified and correctly applied.
f. Monitor and Review
Regularly reviewing business activities and expenditures ensures ongoing compliance and helps identify new opportunities for tax relief. Amending previous tax returns, if necessary, to include missed reliefs within the allowable time frame (usually two years from the end of the accounting period) can also maximise tax benefits. Monitoring and updating claims as needed ensures that the business continues to benefit from all available tax reliefs.
Section Q: Penalties and Appeals
Businesses in the UK must comply with various tax regulations. Failure to meet these requirements can result in penalties from HMRC.
1. Common Business Tax Penalties
Common tax penalties businesses in the UK may face include:
a. Corporation Tax Late Return
Penalties for late filing of a Corostart at £100 if the return is one day late. An additional £100 is imposed if the return is three months late. After six months, HMRC estimates the Corporation Tax bill and adds a penalty of 10% of the unpaid tax. A further 10% penalty is added if the return is 12 months late.
b. Late VAT Return
The first default results in no penalty but marks the account as in default. Subsequent defaults incur a surcharge based on a percentage of the VAT due, starting at 2% and increasing up to 15% for multiple defaults within 12 months.
c. Late PAYE and NICs
The initial late filing incurs a £100 penalty per 50 employees. Further late filings result in escalating penalties for repeated failures.
d. Late Corporation Tax Payment
Interest is charged on late payments from the due date until the payment is made.
e. Late VAT Payment
The first late payment incurs a 2% surcharge on unpaid VAT. Surcharges increase for further late payments within 12 months.
f. Late PAYE and NIC Payments
Penalties range from 1% to 4% of the amount due for late monthly or quarterly payments, depending on the number of late payments in a tax year. Additional penalties apply for amounts more than six months overdue.
g. Inaccurate Returns
Penalties for inaccuracies in tax returns vary based on the nature of the error. Careless errors attract a penalty of 0% to 30% of the extra tax due. Deliberate but not concealed errors incur a penalty of 20% to 70% of the extra tax due. Deliberate and concealed errors result in a penalty of 30% to 100% of the extra tax due.
h. Failure to Notify HMRC
Failing to register for VAT incurs a penalty based on a percentage of the VAT due from the date registration should have occurred. Failure to notify chargeability results in a penalty of 30% to 100% of any unpaid tax. These penalties highlight the importance of timely compliance and accurate reporting to avoid significant financial repercussions.
Offense
|
Penalty
|
---|---|
Late Corporation Tax Return
|
£100 initial penalty
|
Late VAT Return (first offense)
|
No penalty, but marked in default
|
Late PAYE Payment
|
1% to 4% of amount due
|
Late Self-Assessment Filing
|
£100 initial penalty
|
Late Payment Interest Rate
|
2.75% (example rate)
|
2. How to Appeal Against Tax Penalties
If you have received notification of a penalty that you are considering challenging, follow these steps:
a. Understanding the Reason for the Penalty
Carefully reading any communication from HMRC explaining the reason for the penalty is essential. This provides details on what triggered the penalty and how it was calculated, helping you understand the basis for the charge.
b. Determining Grounds for Appeal
Appealing a penalty can be based on having a reasonable excuse for the failure that led to the penalty. Common reasonable excuses include serious illness or bereavement, fire, flood, or theft preventing compliance, software or IT failures, and HMRC errors or delays. Additionally, if you believe the penalty was incorrectly calculated or applied, this can also form the basis of an appeal.
c. Gathering Supporting Evidence
Collecting all relevant documents and evidence to support your case is crucial. This could include medical records, correspondence with HMRC, proof of IT issues, or any other pertinent documentation that validates your grounds for appeal.
d. Submitting the Appeal
Appeals must generally be submitted within 30 days of the penalty notice. They can be submitted online through your HMRC account, by post, or using the form provided with the penalty notice.
e. Appeal Process
For an online appeal, log in to your HMRC online account, navigate to the relevant section for the type of penalty you are appealing (e.g., VAT, PAYE), complete the online appeal form, and upload supporting evidence.
For postal appeal, write a letter to HMRC explaining your grounds for appeal. Include your name, business name, tax reference number, details of the penalty, and supporting evidence. Send the appeal to the address provided in the penalty notice.
f. HMRC Review
HMRC will review your appeal and may contact you for additional information or clarification. They will inform you of their decision in writing. If the appeal is successful, the penalty may be reduced or cancelled.
g. Further Appeals
If you disagree with HMRC’s decision, requesting an internal review by a different HMRC officer is possible. If still dissatisfied, an appeal to the independent Tax Tribunal can be made. This involves a more formal process and may require legal representation.
h. Avoiding Future Penalties
Ensuring timely and accurate submission of all tax returns and payments is key to avoiding future penalties. Maintaining detailed and organised records supports compliance. Seeking advice from a tax professional or accountant can help ensure compliance with all tax obligations and prevent future penalties.
Section R: Summary
Whether you’re running a small startup or a large corporation, understanding the various taxes that apply to your business is essential to ensure compliance and optimise financial health.
While this guide provides a comprehensive overview of various aspects of UK business taxes, it’s important to recognise that tax matters can be intricate and subject to frequent changes. Beyond the general guidelines in this guide, there may be other circumstances that may render your business liable to certain types of taxation or to certain reporting or filing requirements.
Seeking professional advice from qualified tax advisers or accountants can help ensure you are meeting your business tax obligations and maximising any reliefs and exemptions that may apply to reduce your tax liability. This not only supports business growth and financial stability, it also allows you to focus on your core operations with confidence.
Section S: FAQ
What is Corporation Tax and who needs to pay it?
Corporation Tax is a tax on the profits of limited companies and other organisations, including clubs and societies. All UK-registered companies must pay Corporation Tax on their taxable profits.
When do I need to file my company’s tax return?
A company’s tax return must be filed within 12 months of the end of its accounting period. For example, if your accounting period ends on 31 March 2024, your tax return is due by 31 March 2025.
What are Capital Allowances?
Capital Allowances are a form of tax relief for the depreciation of certain fixed assets, allowing businesses to spread the cost of these assets over several years. This reduces taxable profits.
Who needs to register for VAT?
Businesses must register for VAT if their taxable turnover exceeds the VAT threshold of £90,000 in a 12-month period. Voluntary registration is also possible for businesses below this threshold.
How do I calculate and pay Capital Gains Tax?
Capital Gains Tax is calculated on the profit made from selling or disposing of an asset that has increased in value. The tax is paid by adding the gain to your total taxable income and applying the relevant tax rate.
What is the Construction Industry Scheme (CIS) and who needs to comply?
CIS is a set of regulations for payments made by contractors to subcontractors in the construction industry. Both contractors and subcontractors must register and comply with CIS if they meet the criteria.
How do I claim R&D Tax Credits?
To claim R&D Tax Credits, identify qualifying R&D activities and costs, prepare supporting documentation, and include the claim in your Corporation Tax return. The scheme provides enhanced deductions or tax credits for eligible R&D expenditure.
What are the penalties for late filing of tax returns?
Penalties for late filing of Corporation Tax returns start at £100 for being one day late, increasing with further delays. Similar penalties apply for VAT and PAYE returns, with surcharges and interest for repeated late filings.
How are National Insurance Contributions (NICs) calculated?
NICs are calculated based on earnings for employees (Class 1), profits for self-employed individuals (Class 2 and Class 4), and benefits provided to employees (Class 1A). Rates and thresholds vary for different classes.
What reliefs and allowances are available to businesses?
Businesses can benefit from various reliefs and allowances, including the Annual Investment Allowance (AIA), Small Business Rate Relief (SBRR), Research and Development (R&D) Tax Credits, and reliefs for capital gains and losses.
How can I appeal against a tax penalty?
To appeal against a tax penalty, review the penalty notice, determine your grounds for appeal, gather supporting evidence, and submit the appeal to HMRC within 30 days. You can appeal online, by post, or request an internal review or a hearing by the Tax Tribunal if needed.
When is the deadline for paying Corporation Tax?
Corporation Tax must be paid within nine months and one day after the end of your accounting period. For example, if your accounting period ends on 31 March 2024, the payment is due by 1 January 2025.
What is PAYE and how does it affect employers?
PAYE (Pay As You Earn) is a system where employers deduct Income Tax and National Insurance from employees’ wages and pay it to HMRC. Employers must calculate deductions, maintain records, and submit regular RTI (Real-Time Information) reports to HMRC.
What are business rates and who needs to pay them?
Business rates are a tax on non-domestic properties, paid by the occupiers of these properties, including shops, offices, and factories. The amount is calculated based on the property’s rateable value and a multiplier set by the government.
How do dividends affect my tax liability?
Dividends are subject to Income Tax above the dividend allowance (£500 for the 2024/25 tax year). The tax rate depends on your total income and tax band, with rates of 8.75% for basic rate taxpayers, 33.75% for higher rate taxpayers, and 39.35% for additional rate taxpayers. Dividends must be reported on your self-assessment tax return.
Section T: Glossary of UK Business Tax Terms
Annual Investment Allowance (AIA): A tax relief that allows businesses to deduct the full value of qualifying capital expenditure on plant and machinery from their taxable profits, up to a certain limit.
Capital Allowances: Deductions that businesses can claim for the depreciation of certain fixed assets, which reduce taxable profits over time.
Capital Gains Tax (CGT): A tax on the profit made when a business sells or disposes of an asset that has increased in value since it was acquired.
Construction Industry Scheme (CIS): A set of regulations governing payments made by contractors to subcontractors in the construction industry, aimed at ensuring the correct amount of tax is paid on these transactions.
Corporation Tax: A tax levied on the profits of limited companies and other organisations, including clubs and societies.
Dividends: Payments made by a company to its shareholders out of its profits. Dividends are subject to Income Tax once they exceed the dividend allowance.
PAYE (Pay As You Earn): A system where employers deduct Income Tax and National Insurance Contributions from employees’ wages and pay them directly to HMRC.
National Insurance Contributions (NICs): Payments made by employees, employers, and the self-employed to qualify for certain state benefits, including the State Pension.
Research and Development (R&D) Tax Credits: Tax incentives that provide relief to companies investing in innovation and technological advancements through qualifying R&D activities.
Self-Assessment: A system used by HMRC to collect Income Tax from individuals, including sole traders and partners, who must report their income and calculate the tax they owe.
Small Business Rate Relief (SBRR): A relief that reduces the amount of business rates that small businesses have to pay on their properties, based on the rateable value.
Taxable Profits: The amount of profit subject to tax after allowable expenses and reliefs have been deducted.
VAT (Value Added Tax): A consumption tax levied on most goods and services sold in the UK, collected by businesses on behalf of HMRC.
Writing Down Allowance (WDA): A type of capital allowance that allows businesses to deduct a percentage of an asset’s value from their taxable profits each year.
Rateable Value: The estimated annual rental value of a non-domestic property, used to calculate business rates.
Real-Time Information (RTI): A system where employers report payroll information to HMRC each time they pay their employees, ensuring real-time tax collection.
Section U: Additional Resources
HM Revenue & Customs (HMRC)
https://www.gov.uk/government/organisations/hm-revenue-customs
HMRC is the primary authority on tax matters in the UK, providing comprehensive guidance and tools for businesses. Their website covers various topics including tax returns, allowances, and compliance.
HMRC Self-Assessment Checker
https://www.gov.uk/check-if-you-need-tax-return
Online tool to check if you need to file a self-assessment tax return.
Companies House
https://www.gov.uk/government/organisations/companies-house
Companies House provides detailed information on company registration, filing requirements, and compliance issues. Their resources are invaluable for understanding statutory obligations and keeping up with regulatory changes.
British Chambers of Commerce (BCC)
https://www.britishchambers.org.uk/
The BCC offers resources and support for businesses, including guidance on tax issues, economic updates, and policy changes. They are a useful source for keeping informed about the broader business environment.
The Institute of Chartered Accountants in England and Wales (ICAEW)
https://www.icaew.com/
ICAEW provides resources and professional support for accountants and businesses, including detailed guides on tax compliance and financial reporting.
The Confederation of British Industry (CBI)
https://www.cbi.org.uk/
CBI offers insights and updates on business regulations, including tax policies. Their resources help businesses navigate regulatory changes and economic developments.
GOV.UK
https://www.gov.uk/
The GOV.UK website is a central resource for all government services and information. It includes sections on business support, tax reliefs, and compliance requirements.
Federation of Small Businesses (FSB)
https://www.fsb.org.uk/
FSB provides resources and advocacy for small businesses, including guidance on tax issues, business rates, and financial management.
Office for National Statistics (ONS)
https://www.ons.gov.uk/
ONS offers data and analysis on the UK economy, which can help businesses understand economic trends and make informed decisions.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services Limited - a Marketing & Content Agency for the Professional Services Sector.
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