Archive: 19th December 2024

VAT Reverse Charge in Construction: What You Need to Know

Navigating VAT in the construction industry can feel like untangling scaffolding. Enter the VAT reverse charge—special rules that mean sub-contractors no longer charge VAT on services but contractors handle the tax instead. Here's how it works and who it affects.

There are special VAT reverse charge rules that can apply to certain construction businesses. When these rules apply, the supply of most construction services between construction or building businesses is subject to the domestic reverse charge. The reverse charge only applies to supplies of specified construction services to other businesses in the construction sector.

The charge applies to standard and reduced rate VAT services:

  • for businesses who are registered for VAT in the UK; and that are
  • reported within the Construction Industry Scheme.

This means that where the rules apply, sub-contractors no longer add VAT to their supplies to most building customers, instead, contractors are obliged to pay the deemed output VAT on behalf of their registered sub-contractor suppliers. However, the deemed output tax is also available as a deduction from VAT paid if it qualifies as input VAT according to the usual rules. In which case there is no cash flow penalty for contractors. 

The VAT domestic reverse charge applies to the following services:

  • constructing, altering, repairing, extending, demolishing or dismantling buildings or structures (whether permanent or not), including offshore installation services;
  • constructing, altering, repairing, extending, demolishing of any works forming, or planned to form, part of the land, including (in particular) walls, roadworks, power lines, electronic communications equipment, aircraft runways, railways, inland waterways, docks and harbours, pipelines, reservoirs, water mains, wells, sewers, industrial plant and installations for purposes of land drainage, coast protection or defence;
  • installing heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection systems in any building or structure;
  • internal cleaning of buildings and structures, so far as carried out in the course of their construction, alteration, repair, extension or restoration;
  • painting or decorating the inside or the external surfaces of any building or structure; and
  • services which form an integral part of or are part of the preparation or completion of the services, including site clearance, earth-moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works.
Source:HM Revenue & Customs | 16-12-2024

The Substantial Shareholdings Exemption

For companies selling shares, the Substantial Shareholdings Exemption (SSE) can mean significant tax relief. Introduced in 2002 and simplified in 2017, this exemption allows qualifying gains on share disposals to go untaxed—provided key conditions are met.

The SSE regime provides that a gain on a disposal by a company of shares (or an interest in shares, or certain assets related to shares) will not normally be a chargeable gain. This is provided the following two conditions are met for disposals on or after 1 April 2017. 

  1. The ‘investing company’ must have held shares in the ‘investee company’ in such number, and for such time, that the shareholding satisfies ‘the substantial shareholding requirement’.
  2. The ‘investee company requirement’ must meet similar ‘trading’ conditions. An exception to this condition was introduced for investments held through an investor company which is itself owned by qualifying institutional investors (“QIIs”). Where 25% or more of the Ordinary Share Capital of the company holding the shares being disposed of is owned by QIIs, the investee company requirement does not apply to the disposal, leaving only the substantial shareholding requirement. 

However, the exemption does not apply if:

  • the disposal is a no gain/no loss disposal, or
  • the gain would not have been a chargeable gain because of some other provision, or
  • the gain arises to an insurance company on a certain type of deemed disposal, or
  • should an anti-avoidance rule apply.

No formal claim is needed. If the conditions for the relief are met, the gain is automatically exempt. However, a loss on a disposal where the conditions for the relief are met is not an allowable loss.

Source:HM Revenue & Customs | 16-12-2024

When can you recover VAT on a car purchase

Reclaiming VAT on company cars isn’t as simple as it sounds. Generally, businesses can’t recover VAT unless the car is used exclusively for business purposes. But there are exceptions—like taxis, driving schools, and commercial vehicles. Here’s what you need to know.

There are complex VAT rules that determine how much VAT can be reclaimed when buying a new car. Generally, businesses cannot recover the VAT paid on a car purchase.

An exception occurs when the car is used exclusively for business purposes. This has been clarified through various legal cases, establishing that to qualify for VAT recovery, the car must not be available for personal use. This means that the car should only be accessible to employees during working hours and should never be used for personal trips. Businesses can reclaim VAT on a new car purchased for specific activities, such as for taxis, self-drive hire, or driving instruction.

If a business leases a qualifying car for business purposes, they can normally reclaim 50% of the VAT paid. The 50% block is to cover the private use of the car.

The rules are generally more straight forward for the purchase of commercial vehicles such as a van or lorry. VAT on a lorry, van or other commercial vehicle can be recovered if it is supplied to a registered person and is used for the purpose of their business or trade. HMRC usually ignores any incidental private use of most types of commercial vehicles.

Source:HM Revenue & Customs | 16-12-2024

New online tax tools for the self-employed

Navigating tax obligations can be daunting for small business owners and sole traders. To make life easier, HMRC has introduced new interactive tools, including a Sole Trader Setup Guide and VAT Registration Estimator, helping businesses understand taxes step by step.

The new resources include:

Sole Trader Setup Guide: A step-by-step guide to help people who are self-employed understand when they need to register as a sole trader and how to do it. The interactive tool explains what records need to be kept, which taxes may apply, and includes other helpful information, such as how to pay a tax bill. The guide is broken down into 7 simple steps:

  1. Check if being a sole trader is right for you
  2. Choose your business name
  3. Check what records you need to keep
  4. Register as a sole trader
  5. Check what taxes may apply to you
  6. Plan for your tax bill
  7. Get help and support

Additionally, HMRC has released a VAT Registration Estimator tool, which helps businesses assess whether they need to register for VAT based on their turnover. This tool was developed in response to feedback from small businesses who said an online resource would be helpful to understand when their turnover might require VAT registration and how it could affect profits.

These free online tools are expected to help small businesses make informed decisions about their business and tax obligations. The tools have been launched solely for informational purposes and using them will not register users for any taxes. HMRC will not collect or store any information entered through these tools.

Source:HM Revenue & Customs | 16-12-2024

Spreading tax payments by using Time to Pay

Can’t pay your tax bill in full by 31 January 2025? HMRC’s online Time to Pay system lets self-assessment taxpayers spread the cost over monthly instalments. With plans available for tax bills up to £30,000, this flexible option can help you avoid late payment penalties.

 Those eligible for the self-serve option can arrange payments online without needing to contact an HMRC adviser. HMRC has revealed that more than 15,000 taxpayers have already set up a Time to Pay payment plan for the 2023-24 tax year.

To qualify for the online Time to Pay option, taxpayers must meet these conditions:

  • No outstanding tax returns
  • No other tax debts
  • No existing HMRC payment plans

For taxpayers who do not meet these requirements or owe more than £30,000, other payment arrangements may be available. These are typically agreed on a case-by-case basis, tailored to individual circumstances and liabilities, allowing businesses and individuals to pay off their debt over time.

HMRC’s Director General for Customer Services, said:

We’re here to help customers get their tax right and if you are worried about how to pay your self-assessment bill, help and support is available. Customers can set up their online payment plan to suit their own financial circumstances and can spread those payments across a maximum of 12 months. It is a valuable option for someone needing extra flexibility in meeting their tax obligations.

Source:HM Revenue & Customs | 16-12-2024

Claiming Child Benefits online

Over one million parents have now claimed Child Benefit online or via the HMRC app, with 87% of new claims using this speedy service. If you've recently had a baby or a child joins your family, applying online ensures you get support quickly—right when you need it most.

HMRC’s Director General for Customer Services, said:

"Having a baby is a busy and expensive time but claiming Child Benefit online or via the app means you’ll get cash in your bank account as soon as possible. Claim now and you could get your first payment in time for your baby’s first Christmas. Download the HMRC app today."

You can apply for Child Benefit starting the day after you register your child’s birth or when a child comes to live with you. Claims can be backdated up to 12 weeks. Applying online is usually the fastest way to complete your claim.

If you are unable to claim online, you can complete the Child Benefit form CH2 and send it to the Child Benefit Office. The address can be found on the form. If you are claiming for more than two children, you will need to complete the additional child form CH2(CS) and send it with your CH2 form. Alternatively, you can contact HMRC by phone if online or postal methods are not suitable.

Child Benefit is typically available for children who move to the UK. However, there are certain requirements that must be met to claim. If a child receiving Child Benefit moves permanently abroad, HMRC must be notified as soon as possible.

The child benefit rates for the only or eldest child in a family is currently £25.60 a week and the weekly rate for all other children is £16.95. The rates are set to increase to £26.05 and £17.25 respectively from April 2025.

Source:HM Revenue & Customs | 16-12-2024

Why Protecting Intellectual Property is Important

Intellectual property (IP) refers to creations of the mind, such as inventions, literary works, designs, brand names, and artistic outputs. Whether you are a business owner, inventor, writer, or entrepreneur, protecting your intellectual property is essential for several compelling reasons.

Encourages Innovation and Creativity
Protecting IP incentivises individuals and businesses to invest in creating something new. Without IP protection, others could freely copy or reproduce a creator's hard work without consent, undermining the effort and resources invested. By offering legal rights such as patents, trademarks, and copyrights, innovators can enjoy a competitive edge, encouraging further investment in research and development.

Safeguards Revenue Streams
IP often becomes a valuable asset that can generate income. Businesses can licence their IP to others, sell their rights, or directly benefit from exclusive use. For example, an author can earn royalties from book sales, while a tech company can monetise patents for its software. Without protection, competitors could undercut pricing by copying the product, stripping away potential revenue.

Builds Brand Identity and Consumer Trust
Trademarks, logos, and brand names play a huge role in distinguishing businesses from one another. When customers see a trusted brand's logo, they associate it with quality and reliability. Protecting trademarks ensures no one else can use similar branding to mislead customers. Without this protection, businesses risk losing their reputation and consumer trust.

Provides Legal Recourse
Registering your IP grants you legal rights to act against anyone using your work without permission. Whether it’s unauthorised copying of a design or misuse of a trademark, IP protection allows you to seek remedies, such as damages or an injunction to stop further infringement.

Adds Business Value
IP contributes to the overall value of a business, often representing a significant share of its assets. Strong IP rights can make a business more attractive to investors or buyers because they provide a competitive advantage and predictable revenue. Startups, for example, frequently leverage IP as a selling point when securing funding.

Promotes Economic Growth
On a larger scale, protecting IP fuels economic growth by encouraging innovation and job creation. Industries such as technology, pharmaceuticals, and entertainment rely heavily on IP rights to thrive. By protecting ideas, society benefits from a continuous flow of new inventions, products, and creative works.

In summary, protecting intellectual property is vital for fostering innovation, safeguarding financial interests, and building strong businesses. It provides creators with the recognition, reward, and rights they deserve, benefiting both individuals and the wider economy.

Source:Other | 16-12-2024

Government Forces Water Companies to Double Compensation

The UK government has announced significant reforms to enhance compensation for customers affected by water service failures. Under new regulations, water companies will be mandated to increase compensation payments for issues such as supply interruptions, sewer flooding, and low water pressure.

These changes mark the first substantial update to compensation rates since 2000. For instance, compensation for internal sewer flooding will rise from £1,000 to £2,000 or more, and payments for low water pressure will increase from £25 to £250. Additionally, compensation will now be compulsory for incidents like boil water notices and missed meter services, which previously did not warrant mandatory payments.

Environment Secretary Steve Reed emphasized that these measures aim to hold water companies accountable and ensure that customers receive fair compensation when services fall short. He stated, "We are clear that the public deserve better compensation when things go wrong, so I'm taking action to make sure that happens."

Consumer advocacy groups have welcomed the reforms. Mike Keil, Chief Executive of the Consumer Council for Water (CCW), noted that the increased payment levels and expanded scope for compensation would incentivize water companies to improve their services. He remarked, "The overhaul of these standards marks a step forward in improving consumer protection and repairing fractured trust in the water sector."

These reforms are part of a broader government initiative to overhaul the water sector, which includes stronger regulations and potential criminal liability for water company executives. The legislation is expected to come into force next year, following a public consultation that showed overwhelming support for the changes.

In addition to the increased compensation, water companies have recently been fined £157.6 million for failing to meet pollution targets, reflecting the government's commitment to enforcing higher standards in the industry.

Overall, these measures represent a significant step towards improving accountability and service quality within the UK's water sector, ensuring that customers are better compensated when things go wrong.

Source:Other | 16-12-2024

Just because an employee is a lawful resident of the UK does not give them the right to work

A restaurant in Middlesborough recently challenged a civil penalty notice of £15,000 issued by the Secretary of State for the Home Department under Section 15 of the Immigration Asylum and Nationality Act 2006 (IANA 2006) arguing that their employee was lawfully present in the UK and that they were not given the opportunity to mitigate the penalty.

However, the Court emphasised that the 2006 Act's purpose was to discourage illegal employment and that employers are responsible for conducting any necessary checks on employees' right to work, according to Section 15(3).

This judgement highlights the importance of employers carrying out right-to-work checks to avoid finding themselves in a similar situation. Ensure your employees have the right to work by using an identity service provider offering Identity Document Validation Technology (IDVT).

 

Source:Other | 15-12-2024

Could you claim R&D relief?

From April 2024, UK businesses can access enhanced R&D tax relief through the merged RDEC and new ERIS schemes. With generous deductions and credits for R&D-intensive projects, the schemes offer tailored support to fuel innovation and drive growth.

Research and Development (R&D) tax reliefs are designed to support UK companies engaged in innovative science and technology projects. As of April 2024, the R&D Expenditure Credit (RDEC) and the Small and Medium Enterprise (SME) Scheme were merged. The new R&D expenditure credit (RDEC) and enhanced R&D intensive support (ERIS) came into effect for accounting periods beginning on or after 1 April 2024. While the expenditure rules for both are the same, the calculation methods differ.

The merged RDEC scheme is a taxable expenditure credit available to eligible trading companies subject to UK Corporation Tax. Even if a company qualifies for the ERIS, it may choose to claim under the merged scheme instead, but both schemes cannot be claimed for the same expenditure.

Although the calculation and payment processes for the merged RDEC scheme are similar to the previous RDEC scheme, there are some key differences:

  • Small profit-making and loss-making companies benefit from a lower rate of notional tax restriction.
  • A more generous PAYE cap applies.

The merged RDEC scheme is subject to Corporation Tax, as it is considered trading income.

The ERIS scheme provides additional support for loss-making, R&D-intensive SMEs:

  • They can deduct an extra 86% of their qualifying costs (in addition to the 100% deduction already included in their accounts), resulting in a total of 186% of qualifying costs being deductible when calculating their adjusted trading loss.
  • They can also claim a payable tax credit, which is not taxable and can be worth up to 14.5% of the losses available for surrender.

There have also been significant changes regarding the availability of relief for overseas R&D activities, which are now more restricted.

Source:HM Revenue & Customs | 09-12-2024