All posts by Terry Harris

Value Added Tax

VAT if you sell your business

Mar 20, 2025 by Terry Harris 0 Comments

When selling a business, the Transfer of a Business as a Going Concern (TOGC) rules can allow the transaction to be VAT-free if key conditions are met. This prevents unnecessary VAT charges and ensures compliance with HMRC. Learn how TOGC applies to your sale.

A TOGC is defined as "neither a supply of goods nor a supply of services” meaning it falls outside the scope of VAT and no VAT would be charged on the sale.

For the TOGC rules to apply, all of the following conditions must be satisfied:

  • The assets must be sold as part of a business that is operating as a "going concern." This means the business must be actively running, not just an 'inert aggregation of assets'.
  • The purchaser must intend to use the assets to carry on the same type of business as the seller.
  • If the seller is a taxable person, the purchaser must either already be a taxable person or become one as a result of the transfer.
  • If only part of the business is sold, it must be capable of operating independently.
  • There must not be a series of immediately consecutive transfers.
  • Additional conditions apply to transactions involving land.

The TOGC rules can be complex, and both the seller and buyer need to ensure they comply with all the conditions. These rules are mandatory, so it's crucial to establish whether a sale qualifies as a TOGC from the outset. For example, if VAT is charged incorrectly, the buyer cannot recover it from HMRC and would need to seek reimbursement from the seller.

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

Records you must keep if self-employed

Mar 20, 2025 by Terry Harris 0 Comments

If you are self-employed as a sole trader or a partner in a business partnership, you are required to maintain suitable business records as well as separate personal income records for tax purposes.

For tax compliance, these business records must be kept for at least five years from the 31 January submission deadline of the relevant tax year. For instance, for the 2023-24 tax year, where online filing was due by 31 January 2025, you must retain your records until at least the end of January 2030. In some situations, such as when a return is filed late, you may be required to keep the records for a longer period.

As a self-employed individual, you should keep a record of the following:

  • All sales and income
  • All business expenses
  • VAT records if you're VAT registered
  • PAYE records if you employ anyone
  • Records of your personal income
  • Details of any grants received if you claimed using the Self-Employment Income Support Scheme (SEISS) due to coronavirus

You don't necessarily need to keep the original physical records. Most records can be stored in an alternative format, such as scanned copies, as long as they can be retrieved in a readable and uncorrupted format.

If any of your records are lost or unavailable, you must attempt to reconstruct them. If the figures are estimated or provisional, you must inform HMRC accordingly. Failing to keep proper or accurate records can result in penalties.

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

Tax liability if you sell a business asset

Mar 20, 2025 by Terry Harris 0 Comments

When selling assets on which capital allowances were claimed, you may need to adjust your taxable profits with a balancing charge or allowance. Understanding these rules ensures you don’t face unexpected tax liabilities. Learn how to handle asset disposals correctly.

Typically, the value of the asset sold is considered to be the amount for which it was sold. However, if the asset was given away, no longer used, or sold for less than its market value, then the market value should be used.

If you initially claimed 100% tax relief on the asset, the business is required to add back the difference between the sale price and the original value to their taxable profits. This adjustment is known as a balancing charge. A balancing charge ensures that a business does not receive more tax relief than it was entitled to on the purchase of the asset. Essentially, the balancing charge operates in the opposite manner to a capital allowance, increasing the amount of profit on which tax is due.

If writing down allowances were used initially, you may face either a balancing charge or a balancing allowance.

There are specific rules that apply when calculating a balancing charge, particularly in the following cases:

  • If you originally claimed a super-deduction or special rate first-year allowances.
  • If you claimed full expensing or 50% first-year allowances.

In the year your business closes, instead of claiming capital allowances, you must enter a balancing charge or balancing allowance on your tax return.

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

Requesting evidence of earnings

Mar 20, 2025 by Terry Harris 0 Comments

If you're self-employed, lenders may require an SA302 and tax year overview as proof of earnings for mortgages or loans. These documents verify income declared on your self-assessment tax return and are easily accessible via HMRC. Learn how to obtain them.

The use of these forms has become more widespread since mortgage regulations began requiring self-employed individuals to provide verifiable evidence of income. The SA302 serves as proof of income for the last four years of self-assessment tax returns.

The SA302 document provides a detailed breakdown of the income reported on the taxpayer’s self-assessment tax return, including commercial versions of the tax return. Meanwhile, the tax year overview confirms the tax due based on the return submitted to HMRC, showing any payments made, and cross-referencing the Tax Calculation with HMRC’s records.

Self-assessment taxpayers can request an SA302 tax calculation through HMRC’s online service. After submitting an online tax return, it typically takes around 72 hours for the documents to become available for printing.

Most lenders will accept an SA302 printed directly from online accounts or from the commercial software used to submit tax returns. HMRC has been actively working with the Council of Mortgage Lenders and its members to expand the number of lenders willing to accept self-serve copies of these documents as valid proof of income.

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

Why Adequate Business Insurance is Essential for Small Businesses

Mar 17, 2025 by Terry Harris 0 Comments

For small business owners, especially those operating as sole traders or in partnerships without limited liability, having adequate business insurance is not just a safeguard—it’s a necessity. Without the legal protection of a limited company structure, personal assets such as your home and savings are directly at risk if the business faces legal claims or financial losses.

One of the most critical types of cover is public liability insurance, which protects against claims if a customer or third party suffers injury or property damage due to your business activities. Similarly, professional indemnity insurance is crucial for service-based businesses, covering legal costs if clients claim negligence or poor advice.

Additionally, employers’ liability insurance is a legal requirement if you have staff, protecting against employee injury claims. Business interruption insurance can be a lifeline in unexpected disruptions, ensuring you can recover lost income and continue operations.

Without the right insurance, a single lawsuit, accident, or unforeseen event could financially devastate a small business owner. The cost of insurance is minimal compared to the potential consequences of being uninsured. Therefore, securing comprehensive business insurance is a vital step in protecting both your livelihood and personal assets.

Source:Other | 16-03-2025
Business Support

Business Advice: An Investment, Not a Cost

Mar 17, 2025 by Terry Harris 0 Comments

Flexible planning is essential for adapting to uncertainty, responding to challenges, and seizing new opportunities. The world is unpredictable, and rigid plans can quickly become outdated. Whether in business or personal life, flexibility ensures resilience and long-term success.

Unexpected events such as economic shifts, technological advancements, or personal changes can derail strict plans. A flexible approach allows for quick adjustments without having to start over. Businesses, for instance, benefit from adapting to market trends or supply chain disruptions, ensuring they remain competitive.

Opportunities often arise unexpectedly. A business that initially planned to operate solely in physical stores but later noticed a surge in online shopping must be able to pivot. Those who rigidly stick to their original plans may miss out on growth.

Managing risks is another advantage of flexible planning. If a strategy is not working, adjustments can be made rather than continuing down an unproductive path. This is particularly important in business, where adapting marketing tactics or reallocating resources can make a significant difference.

Innovation thrives in flexible environments. Companies that allow for iterative development and experimentation can improve products and services based on real-time feedback rather than relying on outdated assumptions.

Employee morale and productivity also improve when people are empowered to adapt. A rigid plan can create stress, while flexibility fosters a more dynamic, responsive workplace.

Customer satisfaction depends on adaptability. Consumer preferences change, and businesses that adjust their offerings accordingly are more likely to retain loyal customers.

Ultimately, flexible planning ensures better resource allocation, the ability to respond to competitive pressures, and the freedom to evolve with changing circumstances. Rather than being a sign of weakness, flexibility is a strategic advantage that helps individuals and organisations thrive in an ever-changing world.

Source:Other | 16-03-2025
Corporation Tax

Group relief for trading losses

Mar 13, 2025 by Terry Harris 0 Comments

Group relief helps reduce the overall Corporation Tax of a group of companies by allowing them to share losses. For example, if a parent company has profits of £1,000 and its subsidiary has losses of £100, the group is treated as making £900 in total profits for tax purposes, instead of paying tax on the full £1,000. The group would then pay tax on the £900.

Group relief lets one company transfer its losses to another company within the same group, but it doesn’t treat the group as a single entity for tax purposes. Each company remains a separate legal entity. The surrendering company must actively consent to the claimant company utilising its losses.

Key points of group relief:

  • Losses and certain other amounts can be transferred between companies in the same group.
  • The amount that can be claimed is the lower of the surrendering company’s available losses and the claimant company’s total profits.

There are special rules that apply:

  • to UK permanent establishments of companies resident outside the UK and overseas permanent establishments of UK resident companies, if there is the possibility of relief being given in a jurisdiction other than the UK,
  • if there are arrangements that could affect the group relationship, or
  • if the loss arises to a 75% subsidiary resident in an European Economic Area territory.
Source:HM Revenue & Customs | 10-03-2025
National Insurance

Self-Employed National Insurance Contributions

Mar 13, 2025 by Terry Harris 0 Comments

Self-employed individuals earning £12,570 or more annually must pay Class 4 National Insurance Contributions (NICs). For 2024-25, rates are 6% on profits up to £50,270 and 2% above this. Certain groups are exempt, and voluntary Class 2 NICs may be beneficial.

Class 4 NIC rates for the tax year 2024-25 are 6% for chargeable profits between £12,570 and £50,270 plus 2% on any profits over £50,270. There are no changes to these rates for 2025-26.

A number of categories of people are exempt from paying Class 4 NICs, these include:

  • People under the age of 16 at the beginning of the year of assessment.
  • People over State pension age at the beginning of the year of assessment. A person who attains State pension age during the course of the year of assessment remains liable for Class 4 NICs for the whole of that year.
  • People receiving profits in their capacity as a trustee, executor or administrator of a person liable to tax under ITTOIA2005/S8.

The mandatory payment of Class 2 National Insurance Contributions (NICs) for the self-employed was abolished effective from 6 April 2024. It can be beneficial for some self-employed people who do not pay NICs through self-assessment to make voluntarily Class 2 NICs. This can help them to access certain contributory benefits including the State Pension. It is important to confirm that this would be beneficial before making any voluntary payment. The current weekly rate for making voluntary Class 2 NICs is £3.45 and is increasing to £3.50 in 2025-26.

Most self-employed individuals pay Class 2 and Class 4 NICs through self-assessment. Certain self-employed roles, such as examiners, moderators, invigilators, and ministers of religion without a salary do not pay National Insurance through self-assessment but may want to pay voluntary contributions.

Source:HM Revenue & Customs | 10-03-2025
Income Tax

Tax and Maintenance Payments

Mar 13, 2025 by Terry Harris 0 Comments

Maintenance Payments Relief reduces Income Tax for those making court-ordered payments to an ex-spouse or civil partner. To qualify, one party must have been born before 6 April 1935. The relief is 10% of payments, up to £428 per year.

To qualify for this relief, all of the following conditions must apply:

  • Either you or your ex-spouse/civil partner must have been born before 6 April 1935.
  • You must be paying maintenance under a court order after the relationship has ended.
  • The payments must be for the maintenance of your ex-spouse or former civil partner, provided they are not remarried or in a new civil partnership, or for children under 21.
  • This relief offers a 10% reduction in the maintenance you pay, up to a maximum of £428 per year (10% of £4,280).

To claim, you must contact HMRC. The process involves providing necessary documentation, such as proof of the court order and payment records.

This benefit is designed to reduce the overall tax burden, helping someone manage their financial responsibilities after a separation.

However, it's important to note that this tax relief is limited due to the age condition — it only applies if either party was born before 6 April 1935, which significantly restricts its usage.

Source:HM Revenue & Customs | 10-03-2025
Value Added Tax

How VAT Payments on Account Work

Mar 13, 2025 by Terry Harris 0 Comments

Businesses owing over £2.3 million in VAT annually must make advance payments on account. These are based on the previous year’s VAT liability and paid in instalments. Late payments incur penalties, but adjustments may be possible for fluctuating liabilities.

The payments are usually based on the previous year’s VAT liability, and businesses are required to pay 1/24th of their estimated annual liability to HMRC by the last working day of the second and third months of the VAT quarter.

For example, if your VAT quarter ends on 31 March, your payments on account for that quarter will be due by the last working day in February and March. Businesses that fail to make these payments on time will be subject to interest and penalties.

The payments on account and the balancing payments must be made electronically and cleared funds must be in HMRC's bank account by close of business on the due date. Businesses making POA do not benefit from the seven extra calendar days allowed to other VAT registered businesses for paying electronically.

The payment amount is calculated by HMRC based on the previous year’s VAT liability. If your liability changes and fluctuates by more than 20%, you may be able to request an adjustment to reduce your payments. This request must be approved by HMRC, and any adjustments will only be applied once HMRC has confirmed that the changes are valid. If the amount of VAT payable is higher than anticipated, the payment on account may increase, but it cannot exceed your total VAT liability from the previous year.

Source:HM Revenue & Customs | 10-03-2025