Tax Tips

 

 

ROI Rental Property

posted 21 Feb 2012 06:57 by Lauren O'Neill

Question.
I am resident in Newry but have rental properties in Dundalk.  How will the new ‘Household Charge’, introduced for 2012, effect me?

 

Answer.
 
The Irish Government have introduced an annual €100 household charge.  The charge applies to all Irish residential properties owned by individuals or companies on 1 January 2012. The charge must be paid by 31 March 2012 in order to avoid any late payment fees and interest. With interest of 1% per month on late payments and late payment fees rising to 30% if the charge is more than 12 months late, it is essential that you register and pay this annual charge before 31 March 2012 if you are liable to pay it.

 

The Household charge applies even if you are not resident in Ireland.  It applies to all Irish situated residential properties, regardless of whether such properties are an individual’s main residence or an investment property owned by an individual. The household charge can be paid online from the following website  www.householdcharge.ie  

 

It is important to note that this household charge is in addition to the Non Principal Private Residence (NPPR) charge that was introduced in 2009.  The NPPR also applies to Irish properties that are not occupied as your principal private residence. The NPPR charge is €200 per year and is due for payment this year no later than 31 May 2012.

 

Neither the NPPR charge nor the new household charge is allowed as a deduction for income tax purposes.
 

The advice in this column is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.

 

Email d.foley@fpmca.com

UK Rental Income

posted 14 Feb 2012 07:48 by Lauren O'Neill

Question
I live in Northern Ireland and  rent out a residential property located in Northern Ireland.  I have never included this income on an income tax return. How much tax will I have to pay and how do I take my tax affairs up to date?

 

Answer.
If you are in receipt of rental income, you would be required to complete and submit an income tax return to HM Revenue & Customs (“HMRC”).  You would be taxed on the net rental income received from the property, i.e. rent less expenses.  Expenses include, loan interest, rates, insurance, and repairs.  In addition to this you would also receive a deduction for wear and tear allowance. This equals 10% of the rent received less rates paid. 

 

The amount of tax you would pay on your net rental income would depend on your other sources of income.  For the 2011/12 tax year, if your total sources of income (including your net rental income) less your personal allowance of £7,475 are less  than £35,000, you would pay tax at 20%; if between £35,001 - £150,000 you would pay tax at 40% and if greater than £150,001 you would pay tax at 50%. 

 

In order to take your tax affairs up to date, you would need to make a voluntary disclosure to HMRC for each year that you have received rental income.  It would be important that you could demonstrate how the property was funded, details of the rental income received and proof of the expenses incurred for each respective tax year. 

 

A penalty and interest would be charged on the unpaid income tax.  The level of penalty could range from 0% to 100%.  However, for a voluntary disclosure, it is likely that the penalty could range from 0% to 30%.  HMRC have issued letters to individuals recently who they believe may be in receipt of rental income which has not been taxed.   If you do not take action now and HMRC enquire into your tax affairs, the penalty could be substantially higher.
 
 

The advice in this column is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.

 

Email s.mccreesh@fpmca.com

Employment In ROI

posted 7 Feb 2012 07:47 by Lauren O'Neill

Question
I am a UK resident who has worked in Northern Ireland for the past few years.  My employment ceased in December 2011 and I now intend to take up a post in the Republic of Ireland, where I shall live from January 2012.  Which tax authorities do I need to notify? 
 
Answer.
Firstly, you will need to apply for a PPS number before you can work in the Republic of Ireland.  To get a PPS Number, you will need to fill out an application form and provide proof of your identity.  If you are Irish, you will need to produce the long version of your birth certificate , photographic ID and evidence of your address, such as a household bill in your name. 

If you are not Irish, you will need to produce your passport or national identity card or your Immigration Card and evidence of your address, such as a household bill (electricity, telephone, gas, etc.) in your name.

Only the Department of Social Protection can provide you with a PPS Number. You can find a list of the Social Welfare Local Offices that can register Personal Public Service Numbers on the Department of Social Protection's website.

You should also advise your new employer that you are a UK medical card holder to exempt you from paying USC at the higher rate of 7% on your employment income.

In relation to the UK tax authorities, you can fill out Form P85 which can be downloaded from the HM Revenue and Customs Website to claim a repayment of some of the tax you have paid in the period from 6 April 2011 to the date you are leaving Northern Ireland.
 

The advice above is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.

 
 
 

Online VAT from April 2012

posted 31 Jan 2012 08:22 by Lauren O'Neill

Question

I understand most VAT registered businesses have been required to submit their VAT returns online since April 2010. I did not move to Online VAT as my turnover was not over £100,000.  Can I continue to submit paper returns in the future?

Answer.
 
It is unlikely that you will be able to continue to submit paper returns.  HMRC have advised that from 1 April 2012, they have extended the requirements for businesses to file their VAT returns online to the majority of businesses; only a very small number will be exempt.

From 1 April 2010, if your turnover was over £100,000 or you registered for VAT on or after that date, you automatically had to register to do your VAT return online and pay any VAT due electronically.  Everyone else could continue to do paper returns.

Now from 1 April 2012, all remaining VAT registered businesses will also have to submit their VAT returns online and make payment electronically  If you are still submitting paper returns we would strongly advise that you sign up to the HMRC online VAT service well before 1 April 2012 so you have adequate time to get familiar with the process and can also set up the electronic payment process.

Using the online system will normally give you 7 extra calendar days to submit your return and pay your VAT liability, unless you make annual returns or payments on account.

The only exemptions from the new online filing regime will be businesses subject to an insolvency procedure, although if you are subject to an approved voluntary arrangement, administration or trust deed you can still submit online if you wish. The only other exception to this is if your business is run by practicing members of a religious society whose beliefs prevent them from using computers.  

If you have any queries with regard to Online VAT registration or indeed how and when you need to register we would advise that you contact your tax agent for further advice.
 

The advice above is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.

 

Email m.farrelly@fpmca.com

Irish CGT

posted 24 Jan 2012 01:13 by Lauren O'Neill

Question
I am living in Newry and have recently sold an Irish investment residential property that I acquired in Dundalk in 2004.  Am I exposed to an Irish tax liability on this sale and if so, am I able to claim relief for any expenses I have incurred selling the property?

 

Answer.
As the property is located in Ireland you will be exposed to an Irish Capital Gains Tax Liability (CGT) on any profit from the sale of the Property. Any tax paid in Ireland may be allowed as a deduction against any UK tax you may also be liable to on this sale.

Expenses incurred in relation to acquiring and disposing of the property, for example, solicitor and auctioneer fees are allowed as a deduction. It may also be possible to claim a tax deduction for any enhancement expenditure incurred on the property, for example, any extension costs.

The first €1,270 of the gain is exempt from Irish Capital Gains tax, with the remaining gain chargeable at a rate of 30% for disposals after the 7 December 2011 or 25% if before this date.

The due dates for payment of any CGT to Irish Revenue commissioners, was the 15 December 2011 for disposals between 1 January – 30 November 2011 and, 31 January 2012 for disposals in December 2011.  Failure to make payment by these dates will result in interest being applied to the outstanding amount 0.0219% per day.

The disposal will need to be returned on your 2011 Form 11 Irish personal tax return, or alternatively, it can be returned to the Revenue Commissioners on the specified CGT1 form by 31 October 2012. The details of the sale will also have to be included on your UK personal return for 11/12, due to be submitted to HMRC by 31 January 2013.
 

The advice in this column is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.

 

Email m.mackin@fpmca.com

 
 

 

Students First Job

posted 10 Jan 2012 00:58 by Lauren O'Neill

Question.
 
I am due to start a new job; this will be my first job since leaving university.  What do I have to give to my new employer and what tax will I have to pay?
 
Answer.

If you have a P45 form from either a previous part time job or state benefits you should give this to your new employer.  Otherwise, you will be asked to complete a form P46 confirming if this is your first job, main or only job, or your second source of income.  This will ensure the correct PAYE tax code is allocated to you.

 

As the tax free personal allowance for under 65’s is £7,475 for 2011/12 the basic tax code is 747L.  The use of this tax code will ensure that you do not pay tax on the first £143 earned per week.  Therefore, if you start work in week 10 and you have no other earnings from 6 April 2011; you will not start paying tax until your income exceeds £1,437.

 

If your tax code is 747L week 1 basis this means that you are taxed weekly rather than on a cumulative basis.

 

You will also start paying national insurance immediately on all earnings above £139 per week as, unlike income tax, the lower earnings band for national insurance is not cumulative.

 

If, like most graduates, you have an outstanding student loan, then depending on the level of your earnings, you may also have student loan repayments deducted from your earnings.

 

Usually, the amount you will pay back is calculated as 9% of your income over the starting limit, currently £15,000 per annum.  As each pay day is looked at separately, your repayments may vary according to how much you have been paid in that week or month.  
 

The advice in this column is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.

 

Email a.mccardle@fpmca.com

Loan Interest Relief

posted 3 Jan 2012 02:58 by Lauren O'Neill

Question.
 
I operate as a sole trade business and I have applied for a business loan from my bank.  There will be interest charged on this business loan.  Will I be able to get tax relief on the loan interest that I will pay?
 
Answer.
 
Many sole trade businesses will take out a business loan from a bank to finance their trading activities and as with any type of loan the bank will charge interest on this. 

An individual who is a sole trader who borrows money to use for that business will be able to claim interest relief on the interest element of the loan under the “wholly and exclusively” principles which relate to any business expenditure.  In order for the business to take a deduction for the loan interest HM Revenue & Customs will wish to ensure that the money borrowed is exclusively for trading activities.  The same would also apply to individuals who borrow money to acquire property for the purposes of a property business. 

A sole trade business may be able to obtain relief for interest paid on a loan used to purchase stock or plant and machinery used by the sole trader.  The relief is given as a deduction against net income like any other business expense.  Note that if the loan is used for purchasing stock or plant and machinery and any stock is taken personally by the sole trader or the plant and machinery is not used wholly for the purposes of the business then the relief is restricted in proportion to the non-business use.

The relief is exclusively for interest on business loans and the relief is not available for overdrafts or credit card debts.  HM Revenue and Customs provides that interest in excess of a reasonable commercial rate is not eligible for relief.  You should always consult with your accountant before availing of any deduction
 

The advice above is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.

 

Email d.carr@fpmca.com

Late Tax Return and Penalties Interest

posted 13 Dec 2011 07:04 by Lauren O'Neill

Question

I have not yet filed my tax return for 2010/11 as due to cash flow problems I will be unable to pay the tax bill that will become due by 31 January 2012. What should I do? Will I have to pay penalties?

Answer.
If you do not file your tax return you will automatically be charged £100 penalty on 1st February 2012. If you still have not filed your return before 30 April 2012 you may be charged £10 per day for up to 90 days. After this 90 day period if the return is still outstanding you will be charged the greater of 5% of the tax due or £300.

If the return is still not submitted by 31 January 2013 a further penalty is charged of the greater of 5% of the tax due or £300. If HMRC believe you are deliberately withholding information they can issue penalties of up to 100% of your tax due.

To avoid these penalties you should submit the return before 31 January 2012 even if you cannot make payment. HMRC will charge interest on your amount outstanding. The rate of interest charged by HMRC is currently 3% per annum.

If your tax bill is still unpaid 30 days after the due date a penalty of 5% of the unpaid tax will be charged. A further 5% penalty will be charged on 31 July 2012 if it is still unpaid. Finally an additional 5% penalty will apply if this is still unpaid by 31 January 2013. It is therefore advisable to pay your balancing payment before 28 February 2012 to avoid these surcharges.

You can also contact HMRC and explain your cash flow difficulty. HMRC may in turn enter a time to pay arrangement with you in which you can agree a monthly repayment.
 

The advice in this column is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.

 

Email d.hillen@fpmca.com

Doctors and Medics Targeted

posted 6 Dec 2011 01:20 by Lauren O'Neill

Question.
 
HMRC have recently targeted plumbers and private tutors in their campaign to recover unpaid tax. What sector will be targeted next?
Answer.
Doctors and dentists are the latest targets of HMRC's campaign to recover unpaid tax.  A final warning has been issued to more than 2500 health professionals. These are professionals HM Revenue and Customs (HMRC) suspect are not up to date with their tax affairs. The move is the latest in a raft of HMRC targets, which have so far included restaurant owners, plumbers, private tutors and scrap metal dealers. People selling on internet market places and electricians are next on the list to be targeted in early 2012.
The letters warn that if medics fail to come forward within 21 days, they may end up incurring significant charges, or may be referred to the Criminal Investigations department.
Gary Ashford, who represents the Chartered Institute of Taxation on HMRC's Compliance Reform Forum, commented: “HMRC made clear at the launch of the Tax Health Plan in January 2010 that they would be adopting a carrot and stick approach. They have offered the carrot of a relatively low penalty rate for doctors to get their affairs in order and 1500 health professionals took it up, bringing in £10 million for the Exchequer. Now they are wielding the stick at those who have not come forward. People should not underestimate the amount of data that HMRC is holding. They have been talking to medical insurance companies, pharmaceutical companies and locum agencies. HMRC are starting to use that information, to identify who has not notified HMRC of all their tax liabilities.”
Anyone who is worried that they have been underpaying tax - whether deliberately or in error, and whether they are doctors or anyone else - should get professional advice without delay.
 
 
The advice above is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.
 
 

Missing Invoice on EU VAT

posted 29 Nov 2011 01:22 by Lauren O'Neill

Question
I forgot to include an invoice in my last EU VAT refund claim.  Is there any way to reclaim the VAT I have paid?
Answer.
The purpose of an EU refund is to allow a UK VAT registered business which has bought goods or services for use in their business from another VAT-registered business in the EU to reclaim the VAT that they have suffered.

You can make as many claims as you like in a year, but there are rules on the minimum claims which can be made.  These rules vary from country to country, but are generally €400 if the claim relates to a period of between three months and one year and €50 if it covers a whole year.

If you have discovered an invoice that should have been included in a previous claim, it can’t be included in the next one, as it won’t match the dates of that claim.  This will lead to the claim being rejected and so the invoice will have to be removed and the claim resubmitted, delaying the refund.

Instead, keep the invoice until the final claim of the year, then all the remaining invoices for that calendar year can be claimed together, so no VAT will be lost.

The time limit for making a claim is the 30th September following the year to which the invoices relate, so any invoices that are dated in 2010 must be claimed by 30th September 2011.
 

The advice in this column is specific to the facts surrounding the questions posed.  Neither FPM Accountants LLP nor the contributors accept any liability for any direct or indirect loss arising from any reliance placed on replies.

 

Email m.rogers@fpmca.com

 
 
 

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