Category: Income Tax

What is the settlement legislation?

Thinking of gifting income to a spouse or partner? HMRC’s settlements rules may still tax it as your own.

The settlements legislation is contained in s.624 ITTOIA 2005. The legislation seeks to ensure that where a settlor has retained an interest in property in a settlement then the income arising is treated as the settlor’s income for all tax purposes. A settlor can be said to have retained an interest if the property or income may be applied for the benefit of the settlor, a spouse or civil partner.

In general, the settlements legislation can apply where an individual enters into an arrangement to divert income to someone else and in the process, tax is saved.

These arrangements must be:

• bounteous, or
• not commercial, or
• not at arm’s length, or
• in the case of a gift between spouses or civil partners, wholly or substantially a right to income.

However, there are a number of everyday scenarios where the settlements legislation does not apply. In fact, after much case law in this area, HMRC has confirmed that if there is no 'bounty' if the gift to a spouse or civil partner is an outright gift which is not wholly, or substantially, a right to income, then the legislation will not apply.

Are you selling goods or services on a digital platform?

From 2024, platforms like eBay, Vinted and Airbnb must report seller data to HMRC, so check your tax responsibilities.

If you sell goods or services on a digital platform it is important to understand your tax responsibilities. This can apply whether your sales are a part-time income source or your main income. Even casual selling online may mean you need to report earnings and potentially pay tax.

You may need to pay tax if you engage in activities on digital platforms like:

• Buying and reselling items online or making things to sell (even as a hobby).
• Providing services online, such as tutoring, repairs, food delivery, dog walking, or equipment hire.
• Creating digital content, like podcasts, YouTube videos, or social media influencing.
• Earning income by renting out property or land, like letting a holiday home, running a bed and breakfast, or renting out a parking space on your driveway.

Since 1 January 2024, digital platforms (such as eBay, Vinted, Etsy and Airbnb) have been required to collect and report seller data to HMRC. The first reports covered the period from 1 January to 31 December 2024, with information submitted to HMRC by 31 January 2025.

The same rules apply in 2025, meaning income earned this calendar year (January to December 2025) will be reported by 31 January 2026.

Platforms must report your information if either of the following applies:

• You made 30 or more sales in the year.
• You earned over €2,000 (about £1,700).

The digital platforms will also give you a copy of the data they send to HMRC, which can help when completing your self-assessment return.

If you are earning money online you should ensure you check your tax responsibilities. The rules are clear, and platforms are now required to report many types of earnings directly to HMRC.

What are the current Income Tax bands and allowances?

Income Tax applies to earnings, pensions, savings, dividends and more, with different bands across the UK nations.

Individuals can be liable to Income Tax at any age. There are special rules to stop parents avoiding tax by putting assets into their children’s names.

The tables below shows the tax rates you pay in each band if you have a standard Personal Allowance of £12,570.

If you earn over £100,000 in any tax year your personal allowance is gradually reduced by £1 for every £2 of adjusted net income over £100,000 irrespective of age. This means that any taxable receipt that takes your income over £100,000 will result in a reduction in personal tax allowances. This means your personal Income Tax allowance would be reduced to zero if your adjusted net income is £125,140 or above.

For the current tax year if your adjusted net income is likely to fall between £100,000 and £125,140 you would pay an effective marginal rate of tax of 60% as your £12,570 tax-free personal allowance is gradually withdrawn.

If your income sits within this band you should consider what financial planning opportunities are available in order to avoid this personal allowance trap by trying to reduce your income below to £100,000.

MTD for IT taxpayer exemption

From April 2026, the self-employed and landlords must use MTD for IT, but exemptions may apply in limited cases.

If you are self-employed or a landlord with income over £50,000, you will need to prepare for digital record keeping, quarterly updates and a new penalty system. While most affected taxpayers will be required to comply, there are limited exemptions available.

You can apply for an exemption if you believe you are digitally excluded. HMRC will consider applications on a case-by-case basis once the process opens.

You may be eligible if:

• it is not practical for you to use software to keep or submit digital records – this could be due to age, disability, location, or another reason; or
• you are a practising member of a religious society or order whose beliefs are incompatible with electronic communication and digital record keeping.

In addition, if HMRC has already confirmed that you are exempt from Making Tax Digital for VAT, you will need to contact them again once the MTD for IT application process opens. HMRC will then review your exemption. If your circumstances remain the same then HMRC will confirm you are also exempt from MTD for IT. If not, you will need to reapply.

Some taxpayers are automatically exempt from MTD for IT and do not need to apply.

These include:

• trustees, including charitable trustees and trustees of non-registered pension schemes
• individuals without a National Insurance number, applicable only if one is not held by 31 January before the start of the tax year
• personal representatives of someone who has died
• Lloyd’s member, in relation to your underwriting business 
• non-resident companies

If you are automatically exempt, you do not need to apply for an exemption. If you do not use MTD for IT, you must continue to report your income and gains by submitting a self-assessment tax return if required.

What happens if you cannot pay your tax bill?

If you cannot pay your tax bill, it’s crucial to contact HMRC as soon as possible. They may offer support through a Time to Pay arrangement, allowing you to repay your debt in instalments based on your financial situation. Ignoring the debt can lead to enforcement action, including visits to your home or business by HMRC or the use of debt collection agencies. The debt collection agencies are regulated by the Financial Conduct Authority and will only contact you by letter, phone, or SMS. They will not visit you in person at your home or place of work.

If these measures to do not work, HMRC can recover the debt using more serious measures. These include taking control of your possessions, recovering money directly from your bank account, adjusting your tax code or using court action. HMRC may also pursue debt through charging orders, deductions from wages or pensions or third-party debt orders.

If all else fails, insolvency proceedings may be started, including bankruptcy or winding-up orders. HMRC also has international recovery agreements that allow foreign tax authorities to collect UK tax debts if you live or have assets abroad.

If you are affected by any of these issues, please let us know so we can help you.

Help with outstanding tax bills

HMRC’s Time to Pay lets eligible taxpayers spread tax bills over time, avoiding immediate enforcement. 

If you owe tax to HMRC, you may be able to set up an online ‘Time to Pay’ payment plan depending on the type of tax debt and your circumstances. For self-assessment, you can create a payment plan online if you’ve filed your latest tax return, owe £30,000 or less, are within 60 days of the deadline and have no other debts or payment plans with HMRC.

For employers’ PAYE contributions, online payment plans are available if you’ve missed a payment deadline, owe £100,000 or less, aim to repay within 12 months and have no other debts with HMRC. Additionally, all due PAYE and Construction Industry Scheme (CIS) submissions must be filed.

If you owe VAT, you could set up a payment plan online if you missed the deadline, owe £100,000 or less, intend to pay within 12 months, have filed all tax returns and the debt relates to an accounting period starting in 2023 or later. Businesses on the Cash Accounting Scheme, Annual Accounting Scheme or those making payments on account are not eligible to set up a plan online.

For Simple Assessment debts, online payment plans are possible if you owe between £32 and £50,000, have no other debts with HMRC, and can pay it off within 36 months.

If you are not eligible for an online plan, you must contact HMRC directly. They will ask for details about your income, expenses, other tax liabilities, and any savings or assets, which they may expect you to use toward your debt.

HMRC will offer taxpayers the option of extra time to pay if they think they genuinely cannot pay in full but will be able to pay in the future. If HMRC do not think that more time will help, then they can require immediate payment of a tax bill and start enforcement action if payment is not forthcoming.

Making Tax Digital – important deadline dates

Making Tax Digital for Income Tax (MTD for IT) will become mandatory in phases from April 2026. If you are self-employed or a landlord earning over £50,000 you need to be prepared for digital record keeping including making quarterly updates and for a new penalty system.

You will need to use MTD for IT if all of the following apply:

• You are a sole trader or landlord registered for self-assessment.
• You receive income from self-employment, property or both.

When you must start using MTD for IT:

• If your qualifying income is over £50,000 in the 2024–2025 tax year:
  • You must start using MTD for IT from 6 April 2026
• If your qualifying income is over £30,000 in the 2025–2026 tax year:
  • You must start using MTD for IT from 6 April 2027
• If your qualifying income is over £20,000 in the 2026–2027 tax year:
  • The government has confirmed that MTD for IT will apply to sole traders and landlords with income over £20,000 starting in April 2028 but further details are awaited.

You are currently exempt from MTD for IT if:

• You meet specific limited conditions that automatically exempt you from the service (e.g., for reasons such as age, disability, or location).
• You have applied for an exemption, and it has been approved by HMRC.
• Your qualifying income is £20,000 or less in a tax year.

If you do not use MTD for IT, you must continue to report your income and gains in a self-assessment tax return if required.

New self-assessment services announced by HMRC

New digital services have been launched that aim to make filing and managing tax returns quicker and less stressful.

These improvements are part of HMRC’s Transformation Roadmap, which sets out over 50 projects to modernise the UK’s tax system by 2030.

Among the new features are:

• improvements to the digital self-assessment registration and opt out processes;
• introducing enhanced on-screen messages to reassure taxpayers and reduce the need for them to chase progress on enquiries; and
• improving the late filing and late payment penalties online appeals process.

Commenting on the changes, the Exchequer Secretary to the Treasury, said:

The government is modernising the service that HMRC offers for British people and businesses. Our new payment plans for self-assessment will save people time and effort with their tax affairs and help them avoid making mistakes.

This new service forms part of our recently published HMRC Transformation Roadmap. We are going further and faster to reform HMRC, to make life easier for taxpayers and help deliver the economic growth at the heart of the Plan for Change.

More than 12 million individuals are expected to file a tax return this year. HMRC is encouraging early filing and flexible payment plans, including monthly or weekly Budget Payment Plans for taxpayers that need help to spread the cost of their tax bills. 

Taxpayers are also urged to update personal details, stay alert to scams, register for self-assessment or notify HMRC if they no longer need to file before key deadlines.

Helping family or friends with their tax

Need to help a relative or friend with tax? HMRC’s Trusted Helper service makes it quick and easy to support someone online. Whether it is checking Income Tax, updating their personal details or reviewing taxable benefits like company cars or medical insurance, you can do it all with their permission. After registering as a trusted helper, your friend or family member simply needs to approve your access. You can help up to five people, but remember, they remain responsible for their own tax affairs.

This online option allows you to support someone, such as a friend or relative with key tax tasks, such as checking their Income Tax, updating their personal tax account or reviewing their taxable benefits (limited to company cars and medical insurance).

To get started, you must register online as a trusted helper. Once you have signed up, the person you are helping will need to log in and approve your request. If they cannot go online, you can call HMRC on their behalf, but they must be physically present with you during the call. HMRC will confirm their identity and their consent before proceeding. You will also need their National Insurance or tax reference number.

You can help up to five people using this service. While you can assist with their tax matters the person you are helping remains legally responsible for their own tax affairs. You must sign in using your Government Gateway details, and you may be asked to verify your identity using photo ID such as a passport or driving licence.

HMRC also offers this service in Welsh and provides additional support for those with disabilities or non-English speakers.

Goodbye remittance basis hello FIG

Since 6 April 2025, the remittance basis of taxation for non-UK domiciled individuals (non-doms) has been replaced by the Foreign Income and Gains (FIG) regime. This shift marks a significant change, as the new FIG regime is based on tax residence rather than domicile. Under the revised rules, almost all UK-resident individuals must report their foreign income and gains to HMRC, irrespective of whether they previously used the remittance basis or are now eligible for FIG relief.

For those former remittance basis users who no longer qualify for the new FIG relief, the treatment of newly arising foreign income and gains now aligns with the standard tax regime for UK residents. However, they will still be liable for tax on any pre-6 April 2025 FIG income and gains if they are remitted to the UK.

A key feature of the FIG regime is the 4-year FIG exemption for new UK residents. Individuals who have not been UK tax resident in any of the previous 10 tax years may opt to receive full tax relief on their FIG for up to four years. To claim this, individuals must submit a self-assessment return, with deadlines falling on 31 January in the second tax year following the relevant claim year.

Importantly, claims can be made selectively in any of the four years but must include quantified figures for income and gains; otherwise, tax will be due at standard rates. An individual’s ability to qualify for the 4-year FIG regime will be determined by whether they are UK resident under the Statutory Residence Test (SRT).