All posts by Terry Harris

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

How to Approach Your Bank for a Business Loan

Asking your bank for a business loan can feel daunting, but it doesn’t have to be. With the right preparation, you can give yourself the best possible chance of getting a positive outcome.

Start with a clear purpose
Banks want to know why you need the money. Are you looking to grow, cover short-term cash flow gaps, or invest in new equipment? Be specific. A well-defined reason gives your request more weight.

Get your figures in order
Before approaching the bank, make sure your accounts are up to date and accurate. Be ready to provide recent financial statements, cash flow forecasts, and details of any outstanding debts. Banks want to see that you understand your numbers and can manage repayments.

Create a solid business plan
A clear, realistic business plan is vital. It should outline what your business does, your market, how you make money, and your plans for growth. Include how the loan will help, and how you intend to pay it back. This builds trust and shows that you’ve thought things through.

Know your credit position
Check your business and personal credit scores in advance. If there are issues, be ready to explain them. Banks will always consider risk, so transparency is important.

Be realistic and professional
Ask for a sensible amount based on your business size and turnover. Approach the meeting professionally—treat it like pitching to an investor. Be confident but open to questions.

Consider alternatives
If your bank says no, ask for feedback. You could explore government-backed schemes like the British Business Bank or look into alternative lenders and credit unions.

Preparation, clarity, and confidence go a long way when asking your bank for support.

Source:Other | 23-03-2025

How Small Businesses Can Survive a Recession

Recessions can be tough on small businesses, but they do not have to spell disaster. With some smart thinking and a bit of planning, many firms can keep going and even emerge stronger once the economy picks up. Here are some practical ways to stay afloat when times are hard.

1. Cut back on unnecessary spending
Now is the moment to go through all your costs. Cancel anything you no longer use, negotiate better deals with suppliers, and look for savings wherever you can. Every bit helps.

2. Focus on what you do best
Stick to your most profitable products or services. When money is tight, it makes sense to concentrate on the parts of the business that bring in the most value.

3. Build strong relationships with customers
Your regular customers are more important than ever. Stay connected, offer good service, and look for ways to add value. People are more likely to stick with businesses they trust.

4. Keep an eye on cash flow
Having enough cash to cover the basics is vital. Chase late payments, offer discounts for early payment if it helps, and try to agree flexible terms with suppliers.

5. Find new ways to earn
Could you offer something new? Sell online? Reach a different group of customers? Exploring extra income streams can give your business a welcome boost.

6. Stay in the public eye
It may be tempting to cut back on marketing, but staying visible is key. Use low cost tools like email newsletters, social media, and local events to keep your name out there.

7. Look after people
A business is only as strong as the people behind it. Support your team and yourself. Good morale and clear communication can make a big difference during uncertain times.

A calm, steady approach and some flexibility can go a long way in helping your business come through a recession in good shape.

Source:Other | 23-03-2025

Claiming professional fees and subscriptions

Did you know you may be eligible for tax relief on professional fees and subscriptions? If your membership is required for your job and the organisation is HMRC-approved, you could claim back tax for up to four years. Find out if you qualify and how to apply.

You may be eligible to claim tax relief on certain professional fees and subscriptions, provided they meet specific criteria:

  • Professional Membership Fees: Tax relief can be claimed on membership fees that you are required to pay in order to perform your job. These fees must be necessary for the fulfilment of your professional responsibilities.
  • Annual Subscriptions: You can also claim tax relief on annual subscriptions to approved professional bodies or learned societies, provided that your membership with these organisations is relevant to your profession.

Tax relief cannot be claimed, in the following cases:

  • Life Membership Subscriptions: Tax relief is not available for life membership fees, even if they are for professional bodies or societies.
  • Fees Not Paid by You: You cannot claim tax relief on professional membership fees or annual subscriptions if they have been paid by someone else, such as your employer.
  • Non-approved Organisations: Tax relief is not available on fees paid to professional bodies or organisations that are not officially recognised by HMRC.

You can claim tax relief for the current tax year as well as for the four preceding years, allowing you to potentially recover tax paid in previous years if you have not yet done so.

When making a claim, you must provide evidence of payment for each professional fee or subscription, such as receipts or other supporting documentation that clearly indicates the amounts paid. A claim can be made from the following link https://www.tax.service.gov.uk/claim-tax-relief-expenses/what-claiming-for

If you are registered for self-assessment you must submit your claim through your tax return rather than using the separate claims service.

Source:HM Revenue & Customs | 17-03-2025

Rental business mortgage relief

Since April 2020, landlords can no longer deduct mortgage interest as an expense. Instead, tax relief is capped at 20%. This change affects UK and non-UK resident landlords, trustees, and partnerships but excludes companies. Learn how this impacts your tax bill.

In April 2017, new rules were introduced that limited the tax relief on mortgage costs for residential landlords to the basic rate of tax. This restriction on finance costs was phased in over several years and was fully implemented by 6 April 2020. As a result, all finance costs, including mortgage interest on rented properties, are no longer allowed as expenses. Any available tax relief is now capped at the basic tax rate of 20%.

Finance costs includes interest on mortgages, loans (including those for furnishings), overdrafts, alternative finance returns, mortgage fees, and other related costs, such as discounts, premiums, and disguised interest. However, no relief is granted for capital repayments of a mortgage or loan.

You will be affected by this restriction if you are:

  • A UK resident individual letting residential properties in the UK or abroad.
  • A non-UK resident individual letting residential properties in the UK.
  • An individual letting residential properties in a partnership.
  • A trustee or beneficiary of trusts liable for Income Tax on residential property profits.

The finance cost restriction does not apply if you are a:

  • UK resident company
  • Non-UK resident company

These entities will continue to receive relief for interest and other finance costs in the usual manner.

Source:HM Revenue & Customs | 17-03-2025