Archive: 31st March 2025

Pubs and premises insurance

In March 2025, the Pubs Code Adjudicator (PCA) wrote to all pub-owning businesses to reinforce the importance of complying with Regulation 46 of the Pubs Code. This regulation focuses on how premises insurance is handled and, crucially, the tied tenant’s right to seek a price match on insurance premiums.

Under Regulation 46, pub companies must give tenants full information about the premises insurance arrangements when the tenant is expected to pay the cost. This includes explaining how premiums are calculated and giving tenants the chance to shop around for a policy that offers similar cover at a lower price. If a tenant finds such a policy and it meets the standard of being “suitable and comparable,” the pub company must either take out that policy or agree in writing not to charge the tenant the difference.

The PCA’s action follows a compliance review in 2024 involving Star Pubs & Bars, which led to improvements in how Star explains insurance charges to tenants. Building on that, the PCA contacted all pub companies in October 2024 to encourage similar improvements, especially where self-insurance schemes are in place.

More recently, the PCA expressed concern that many pub companies may not be properly honouring the price match right. A key issue is clarity. Some companies appear to reject tenant-proposed policies on the basis that they aren’t “equivalent” or “better” than the company’s own. The PCA has reminded businesses that this isn’t the correct test. The law only requires a policy to be “suitable and comparable,” not identical.

Worryingly, the PCA’s 2024 Annual Tied Tenant Survey revealed that just 56% of tenants knew they had the right to challenge insurance costs through price matching. This lack of awareness could mean many tenants are paying more than they need to.

In its latest communication, the PCA has urged all pub companies to double-check their compliance with Regulation 46 and ensure that communications with tenants clearly explain the price match right. Businesses should avoid technical or vague language and give tenants confidence to use their rights without hassle or delay.

The PCA is also encouraging tied tenants and other stakeholders to share their experiences. Feedback helps the regulator assess whether the rules are being followed fairly and consistently across the industry.

By promoting awareness and pushing for fair treatment, the PCA is aiming to create a more transparent and balanced environment for tied pubs across England and Wales.

Source:Other | 30-03-2025

Recycling changes

​As of 31 March 2025, new regulations have come into effect in England, requiring workplaces to adopt simplified recycling practices. These measures aim to eliminate confusion over waste sorting, enhance recycling rates, and reduce waste sent to landfills or incineration. ​

Key Requirements for Workplaces:

  • Separation of Waste Streams: Workplaces with 10 or more employees must arrange for the collection of:
    • Dry recyclable materials, including plastic, metal, glass, paper, and card.​
    • Food waste.​
    • Residual (non-recyclable) waste.​

Paper and card should be separated from other dry recyclables unless the waste collector permits combined collection. ​

  • Flexibility in Collection: Businesses can determine the size of containers, and the frequency of collections based on their waste production volume. ​

These regulations apply to various non-domestic premises, including offices, educational institutions, healthcare facilities, care homes, charities, places of worship, and public meeting venues. ​

Support and Compliance:

The Environment Agency now oversees the regulation of Simpler Recycling, offering guidance to businesses and waste collectors to ensure compliance. Non-compliance may result in enforcement actions, including compliance notices. ​

By streamlining recycling practices, these new rules aim to increase the quality and quantity of recycled materials, supporting the transition to a more sustainable, circular economy in England.

Source:Other | 30-03-2025

CGT holding over gains if you gift business assets

Gift Hold-Over Relief lets you defer Capital Gains Tax when giving away business assets or qualifying shares. It can be a tax-smart move for passing on wealth, but strict rules apply. Here’s what you need to know to claim it properly.

Gift Hold-Over Relief is essentially a deferral of Capital Gains Tax (CGT) when assets, including certain shares, are either given away or sold for less than their market value to benefit the recipient. This relief ensures that any gain on the asset is 'Held-Over' until the recipient decides to sell or dispose of the asset themselves. To achieve this, the recipient's acquisition cost is reduced by the amount of the held-over gain.

The individual giving the gift of a qualifying asset is not required to pay CGT on the transfer. However, CGT could be applicable if the asset is sold for less than its actual market value. Gifts exchanged between spouses and civil partners are exempt from triggering capital gains. A claim for the relief must be made jointly by both the person giving the gift and the recipient.

If you are giving away business assets, you must meet the following criteria:

  • You must be a sole trader, business partner, or hold at least 5% of the voting rights in a company (commonly referred to as your 'personal company').
  • The assets must be used within your business or personal company.

In cases where the assets are only partially used for business purposes, you may still qualify for partial relief.

When gifting shares, the shares must be in a company that's either:

  • not listed on any recognised stock exchange; or
  • your personal company.

Additionally, the company’s main activities must be trading, such as providing goods or services, rather than being engaged in non-trading activities like investment.

Source:HM Revenue & Customs | 24-03-2025

Time off for jury service

If your employee is called for jury service, you must allow them time off—but you're not required to pay them. Here’s a clear look at your responsibilities, options, and how to handle disruptions and pay during their absence.

If your staff members are called to serve on a jury, you are required to grant them the necessary time off for jury service. If their absence would significantly disrupt your business, you may ask them to request a postponement of their jury service. The employee must agree to this request and provide written justification for the delay. A postponement can only be requested once within a 12-month period, and the employee must specify on the jury summons when they will be available.

While employers are obligated to allow time off for jury service, there is no legal requirement to pay employees during their absence. However, employers may choose to continue paying employees as usual. If this occurs, the employer cannot reclaim the wages paid to the employee or the business losses incurred during the jury service.

If the employer does not provide pay, the employee can claim a loss of earnings allowance from the court. To do so, the employer must issue a certificate of loss of earnings, which is provided along with the jury service letter. Employers may also opt to supplement the loss of earnings allowance by reducing the court allowance from the employee’s regular take-home pay.

Source:HM Government | 24-03-2025

LLP salaried members

Not all LLP members are taxed as partners. HMRC may treat them as employees if they meet certain conditions. Here's how the salaried member rules work, what the three-part test involves, and who’s excluded from the legislation.

The salaried member legislation can apply to certain members of a Limited Liability Partnership (LLP). This can happen where HMRC consider that a member of an LLP is not a risk-taking partner and can be re-classified as a salaried member.

Prior to 2014, all individual members of an LLP were taxed as if they were a partner. The salaried member legislation brought in new provisions that means that individual members of an LLP are effectively treated as employees for tax purposes.

The legislation includes a three-part test to see if LLP members should be taxed as salaried members. If all three parts apply, then the member will be considered a salaried member.

In a simplified format they are:

  • Condition A: a member’s regular payments from the LLP have the characteristics of a “disguised salary”, i.e., at least 80% of the member's pay is fixed or if variable do not vary in line with actual profits and losses of the LLP.
  • Condition B: a member has no significant influence over the affairs of the LLP.
  • Condition C: a member’s capital stake in the business is less than 25% of their expected reward package.

As long as an LLP member is able to demonstrate that at least one of the three conditions does not apply to their circumstances, they will continue to enjoy the status of a regular partner. HMRC’s internal manuals include a number of examples to help clarify how these rules are applied in practice.

This means that the salaried member provisions do not apply to:

  • companies
  • individuals who do no more than invest money
  • individuals who no longer perform services for the LLP but who continue to receive a profit share.
Source:HM Revenue & Customs | 24-03-2025

Making Tax Digital for Income Tax

Making Tax Digital for Income Tax (MTD for IT) will become mandatory in phases from April 2026. If you’re self-employed or a landlord earning over £50,000, get ready for quarterly updates, digital record keeping, and a new penalty system.

Initially, MTD for IT will apply to businesses, self-employed individuals, and landlords with an annual income exceeding £50,000. From 6 April 2027, the rules will extend to those with an income between £30,000 and £50,000. A new system of penalties for late filing and late payment of tax will also be introduced.

In the Spring Statement 2025, the government confirmed that MTD for IT will apply to sole traders and landlords with income over £20,000 starting in April 2028. The government will also explore how to treat those with income below the £20,000 threshold.

Starting in April 2025, HMRC will begin writing to taxpayers whose 2023-24 self-assessment returns show that their total income from self-employment and property is approaching or exceeds £50,000. These letters will notify them of their obligation to use MTD for IT starting in April 2026.

Although MTD for IT becomes mandatory in 2026, you can opt to sign up voluntarily before then. This allows you to help HMRC test and refine the system while also familiarising yourself with the new rules. While signing up is currently voluntary, there are specific eligibility requirements, and not all taxpayers will qualify. If you are eligible, you can sign up on GOV.UK.

If you volunteer to participate in testing the MTD for IT service, the new penalties for late submissions and late payments will apply. This will replace the existing penalties for the relevant tax years. No penalties will apply for the quarterly updates for volunteers in 2024-25 or 2025-26.

Source:HM Revenue & Customs | 24-03-2025

Beneficial interests in jointly held property

Couples who jointly own rental property are usually taxed 50:50, even if they own different shares. But if you're married or in a civil partnership, Form 17 lets you split income based on actual ownership—provided you meet HMRC's rules.

The standard tax treatment for couples living together, whether married or in a civil partnership, is that property income held jointly is split 50:50, regardless of the actual ownership proportion.

However, if the ownership is unequal and the couple wishes to have the income taxed in line with their respective shares, they must notify HMRC and provide evidence of the unequal beneficial interests in the property. This is done by submitting Form 17, which declares the beneficial interests in joint property and income.

A Form 17 declaration can only be made by spouses or civil partners living together who own property in unequal shares, with the income allocated in proportion to these shares. Couples who are separated or in other types of relationships are not eligible to submit a Form 17 declaration.

The declaration is only valid if both partners agree. If one partner disagrees, the income will continue to be split 50:50, regardless of the ownership structure.

Once submitted, a Form 17 declaration remains in effect until there is a change in the couple's status, such as separation or divorce, or a change in the ownership structure. If either of these occurs, the 50:50 income split will be reinstated.

There are specific situations in which Form 17 cannot be used, such as when spouses or civil partners own property as beneficial joint tenants, income from shares in a close company or for partnership income.

In cases where property is owned in unequal shares, submitting a Form 17 declaration can offer tax benefits under certain circumstances.

Source:HM Revenue & Customs | 24-03-2025

Childcare grants

Juggling higher education and parenting? Childcare Grants can ease the pressure by covering up to 85% of your childcare costs. If you're a full-time student with young children, this grant could make a real difference—and it doesn’t need to be repaid.

Childcare Grants provide financial support to help students cover the cost of childcare while studying. These grants are aimed at students who are parents or guardians, easing the financial strain of childcare during their higher education journey.

You may be eligible for a Childcare Grant if you:

  • are a full-time higher education student; or
  • have children under 15, or under 17 if they have special educational needs.

The grant:

  • does not need to be repaid; and
  • is provided on top of other student finance.

To apply for a Childcare Grant, you must first be eligible for student finance.

The amount you receive depends on:

  • Your household income
  • The number of dependent children

For the 2025-26 academic year, you can receive 85% of your childcare costs or a fixed maximum amount, whichever is lower. The maximum you can receive is:

  • Up to £199.62 per week for one child
  • Up to £342.24 per week for two or more children

For example, if your childcare for one child costs £100 a week, you’ll receive £85 (85% of your costs). If the childcare costs £250 a week, you’ll receive £199.62, as 85% of £250 is £212.50, which exceeds the maximum weekly amount.

You can apply for Childcare Grants as part of your main student finance application.

Source:HM Revenue & Customs | 24-03-2025

Applying for student loans

Student Loans help cover the cost of university or college in the UK. Whether you're full-time, part-time, or heading into postgrad study, here’s what you need to know about applying for 2025–26 funding—even if your plans aren’t final yet.

Student Loans are an essential part of the government’s financial support system for individuals pursuing higher education in the UK. These loans are designed to assist students in covering their living and educational costs during their time at university or college.

If you usually reside in England, you can apply for student finance for the academic year 2025-26. You can submit your application for student finance even if you are unsure about your living or studying arrangements. Applications for postgraduate students will be open at the end of April, while part-time applications will be available starting in May.

You can apply for several types of funding, including Tuition Fee Loans and Maintenance Loans. Applications can be made up to nine months after the start of your course’s academic year. If you are eligible for tuition fee-only funding, you will need to submit your application by post. However, for most applicants, the best way to apply is online through the Student Finance England website.

For those requiring financial assistance for further education courses at a college or training provider, it may be possible to apply for an Advanced Learner Loan instead.

The application procedures differ for students who are from Scotland, Wales, and Northern Ireland, and they should be aware of the specific requirements they need to meet.

Source:Other | 24-03-2025

Spring Statement Summary March 2025

Spring Statement 2025: Key Tax Measures and Modernisation Initiatives

Chancellor Rachel Reeves’ Spring Statement 2025, delivered on 26 March, arrived at a critical point for the UK economy. With the Office for Budget Responsibility downgrading growth forecasts to just over 1% for the year and borrowing costs climbing, the tone of the statement was more pragmatic than bold. The Chancellor focused on reforming the tax system, encouraging economic resilience, and driving public sector efficiency.

What she did not deliver is an easing of the Employers’ NIC and other business tax increases timed to commence April 2025.

Several key announcements were of direct interest to taxpayers, business owners, and advisers – especially those connected to tax compliance, digitalisation, and HMRC powers. Below is a summary and commentary on the most relevant developments.

Making Tax Digital: A cautious but firm step forward

The most significant administrative update was the proposed, phased extension of Making Tax Digital for Income Tax (MTD for IT). The new timeline will see sole-traders and landlords with income over £20,000 required to join from April 2028. Those earning less than £20,000 remain outside of the scope for now, though the door remains open for further inclusion after evaluation.

Key points:

  • Quarterly digital updates will be required
  • Use of MTD-compatible software is mandatory
  • HMRC is promising better support, including for digitally excluded taxpayers

This longer runway reflects lessons from the somewhat bumpy rollout for VAT. Reeves has chosen to pair technology adoption with a broader simplification agenda, aiming to reduce burdens on small businesses. However, concerns remain that HMRC's own systems are not yet robust enough to support a seamless experience.

Comment: While the delay gives agents and taxpayers more time to prepare, the widening of the scope will demand strong communication and software readiness. The risk is that smaller landlords and sole traders will be hit by costs and confusion unless HMRC delivers better outreach and support tools than previously managed.

Closing in on promoters of tax avoidance

The government has published a consultation titled “Closing in on Promoters of Marketed Tax Avoidance,” targeting schemes that promise to artificially reduce tax liabilities. This builds on previous reforms but includes:

  • New penalty models for scheme promoters
  • The introduction of strict liability criminal offences for serial promoters
  • Enhanced HMRC powers to publish names of enablers earlier in the process
  • Measures to disrupt schemes at the planning stage, not just after the fact

This is part of a broader policy trend that shows HMRC is shifting focus from reactive enforcement to proactive disruption. The goal is to make the UK an increasingly hostile environment for tax avoidance outfits operating on the margins of legality.

Comment: There's a strong political consensus behind these moves. But care will need to be taken to avoid unintended effects on legitimate tax planning and professional advisory services. Many practitioners will welcome stronger action against cowboys but will be watching closely to ensure that standard commercial tax advice isn’t caught up in the dragnet.

Behavioural penalties reform

HMRC has launched a consultation on overhauling its behavioural penalties regime, which applies to errors in tax returns or failures to notify chargeability. The key aims are to:

  • Simplify the rules, which are widely considered complex and hard to apply consistently
  • Introduce clearer thresholds for when penalties apply
  • Make penalties more proportionate and responsive to actual behaviour, such as whether a taxpayer took reasonable care

This is long overdue. The current system penalises errors and failures inconsistently, especially where reasonable care or human error can be demonstrated.

Comment: Most tax advisers will support efforts to make penalty regimes clearer and fairer. A shift towards a more education-first model could help reduce errors without overly penalising honest mistakes. The final shape of these reforms will depend heavily on the responses gathered during consultation.

Research and Development tax relief: Advance clearance proposals

The R&D tax relief regime continues to be a hot topic. While the merger of SME and RDEC schemes has already taken place, a new consultation explores the option of introducing advance clearances for R&D tax claims.

This could allow businesses to:

  • Secure upfront agreement from HMRC on whether their projects meet R&D criteria
  • Reduce the need for post-claim reviews and enquiries
  • Improve certainty and reduce fraud and error, which have dogged the scheme

There’s no firm policy yet, but HMRC is clearly seeking a route to streamline processes and prevent abuse – especially after high-profile clampdowns on rogue advisers in the R&D claims space.

Comment: For legitimate claimants, this could be an excellent development. Knowing in advance whether work qualifies would save time, money, and stress. However, the devil will be in the detail: any advance clearance process must be accessible and efficient, or it risks becoming a bottleneck in its own right.

Better use of new and improved third-party data

Another forward-looking move is HMRC’s proposal to improve how it collects and uses third-party data under its bulk data-gathering powers. The aim is to:

  • Expand sources of data that HMRC can draw upon
  • Improve data quality and accuracy
  • Use data more effectively to pre-fill returns, prompt compliance, and detect anomalies

Examples might include:

  • Gig economy platforms providing earnings information
  • Banks and payment processors offering transaction-level insights
  • Real-time property income data from letting platforms

This is similar to pre-filling tax returns in some Scandinavian countries and could drastically improve tax administration if handled correctly.

Comment: As always, balance is key. The idea of reducing error through better data is sound, but privacy and data security must be front and centre. If HMRC starts collecting more data, it must also improve how it explains what it holds, and how it uses it.

Enhancing HMRC’s powers over non-compliant tax advisers

Alongside its focus on avoidance schemes, HMRC is consulting on tougher measures against tax advisers who facilitate non-compliance. This includes:

  • New civil and criminal sanctions
  • Expanding information powers to uncover hidden adviser-client relationships
  • Public naming of advisers with track records of enabling tax avoidance

This aligns with a broader international trend towards holding professional enablers accountable, especially in high-value tax fraud cases.

Comment: While the vast majority of tax professionals are diligent and compliant, there’s an appetite within HMRC to weed out persistent offenders who enable grey-market schemes. The challenge is setting clear definitions so that robust, legal tax planning is not conflated with abusive avoidance.

Broader fiscal context and spending commitments

Outside of tax, the Spring Statement confirmed the government’s commitment to:

  • A defence spending increase to 2.5% of GDP by 2027
  • £3.25 billion for a new public sector transformation fund focusing on AI and tech
  • Further work on the childcare and work incentives agenda to encourage people into employment

The welfare reform package – including changes to Personal Independence Payments and Universal Credit – has drawn criticism from some quarters, particularly disability rights groups. However, the Treasury is standing firm on needing to reduce what it calls "unsustainable welfare spending."

Final thoughts

Spring Statement 2025 didn’t deliver any dramatic tax rate changes or giveaways, but that was never likely. Instead, it focused on long-term system modernisation, stricter enforcement, and targeted reforms that could reshape how HMRC interacts with taxpayers and advisers.

For tax professionals and small business owners, the key takeaways are:

  • The expansion of MTD for IT is real, though delayed
  • Compliance standards are being tightened, with emphasis on behaviour and third-party data
  • HMRC wants to be more proactive, both in stopping avoidance and in supporting legitimate claims, like R&D
  • The next few years will require investment in systems, understanding of HMRC’s new powers, and ongoing engagement with consultations

None of these changes will happen overnight, but the direction of travel is clear: more digital, more data-driven, and more interventionist.

Source:HM Treasury | 25-03-2025