Newsletter December 2024
December 2024 Newsletter
For the final newsletter of 2024 we bring you a breakdown of the limits on income tax reliefs - with the cap set at 25% or £50,000 - whichever is higher. You can find out more about The Let Property Campaign - specifically for landlords with undeclared income from residential property lettings in the UK or abroad. We have clarified the changes to the classification and tax treatment of double cab pick-up vehicles (DCPUs) - are they a car or are they a goods vehicle? We have also included a recap of basic Inheritance Tax rules which weren't affected by the recent Budget. Our list of tax deadlines and payments due completes this month's news round up.
Wishing you a restful and enjoyable festive season ahead.
Limits on Income Tax reliefs
The limit on Income Tax reliefs has applied since 6 April 2013. This measure was the first time a limitation to existing reliefs had been introduced.
The cap is set at the greater of 25% of income or £50,000. This limit applies to the total amount of relevant reliefs claimed in a tax year and is calculated individually for each tax year in which relief is claimed.
The main reliefs subject to this limit are:
- trade loss relief against general income and early trade losses relief claimed on the self-employment, Lloyd's underwriters or partnership pages;
- property loss relief (relating to capital allowances or agricultural expenses) claimed on the UK property or foreign pages;
- post-cessation trade relief, post-cessation property relief, employment loss relief, former employees deduction for liabilities, losses on deeply discounted securities and strips of government securities claimed on the additional information pages;
- share loss relief, unless claimed on Enterprise Investment Scheme (EIS) or Seed Enterprise Investment Scheme (SEIS) shares claimed on the capital gains summary pages; and
- qualifying loan interest.
The limit applies in addition to other provisions that restrict the amount of relief that can be used to reduce total taxable income for the year. The limit does not affect the amount of trading losses which may be claimed against capital gains.
HMRC's guidance explains, with supporting examples, how the limit is calculated, the measure of income used to calculate the limit, which reliefs are subject to the limit, and how different circumstances are treated. As the 2024-25 tax year begins to draw to a close, taxpayers should seek to ensure that wherever possible, they structure their finances to avoid the cap.
Landlords with undeclared Income
The Let Property Campaign provides landlords who have undeclared income from residential property lettings in the UK or abroad with an opportunity to regularise their affairs by disclosing any outstanding liabilities whether due to misunderstanding the tax rules or because of deliberate tax evasion. Participation in the campaign is open to all residential property landlords with undisclosed taxes. The campaign is not suitable for those letting out non-residential properties.
Landlords who do not avail of the opportunity and are targeted by HMRC can face penalties of up to 100% of the tax due together with possible criminal prosecution. Taxpayers that come forward will benefit from better terms and lower penalties for making a disclosure. Landlords that make an accurate voluntary disclosure are likely to face a maximum penalty of 0%, 10% or 20% depending on the circumstance, and these costs would be in addition to the tax and interest due. There are higher penalties for offshore liabilities.
There are three main stages to taking part in the campaign are notifying HMRC that you wish to take part, preparing an actual disclosure and making a formal offer together with payment. The campaign is open to all individual landlords renting out residential property. This includes, amongst others, landlords with multiple properties as well as specialist landlords with student or workforce rentals. Once HMRC have been notified of the wish to take part in the campaign, landlords usually have 90 days to calculate and pay any tax owed.
HMRC's guidance for landlords wishing to make a disclosure has recently been updated to provide further information about who is affected by the Let Property campaign and how to notify HMRC.
Taxation of double cab pick-ups
The tax treatment of double cab pick-up vehicles (DCPUs) has been clarified as part of the recent Budget announcements. This follows a chequered history of the tax treatment of DCPUs after a 2020 Court of Appeal judgment and after the previous government reversed its plans to overhaul the tax treatment of these vehicles.
DCPUs with a payload of one tonne or more will be treated as cars rather than goods vehicles for the purposes of capital allowances, benefits in kind, and some deductions from business profits. These changes will take effect from 1 April 2025 for Corporation Tax, and 6 April 2025 for Income Tax. This means that going forward the vast majority of DCPUs equally capable of transporting passengers or goods will be categorised as cars. This shift could lead to higher tax liabilities for many businesses, including increased Benefit in Kind and National Insurance costs. Additionally, the change in vehicle classification could also impact the tax obligations of employees.
For expenditure incurred before 1 April 2025 for Corporation Tax and 6 April 2025 for Income Tax the existing capital allowances treatment will apply to those who purchase double cab pick-ups before April 2025. Transitional benefit in kind arrangements will apply for employers that have purchased, leased, or ordered a DCPU before 6 April 2025. They will be able to use the previous treatment, until the earlier of disposal, lease expiry, or 5 April 2029.
The definition of DCPUs with a payload of less than one tonne has not changed and these vehicles will continue to be classed as cars as has historically been the case.
Seven year rule still applies - IHT PETs
There are specific rules regarding the liability to Inheritance Tax (IHT) on gifts made during a person's lifetime. In most cases, gifts made during a person's life are not taxed at the time they are given.
These lifetime gifts are referred to as "potentially exempt transfers" (PETs). The gift becomes exempt from IHT if the giver survives for more than seven years after making the transfer, commonly referred to as the seven year rule. There were expectations that this rule might have been changed as part of the Budget measures, but no changes were made.
If the giver dies within three years of making the gift, the IHT treatment is as if the gift was made upon death. If death occurs between three and seven years after the gift, a tapered relief applies.
The IHT rates on the amount exceeding the IHT nil-rate band are as follows:
- 0 to 3 years before death: 40%
- 3 to 4 years before death: 32%
- 4 to 5 years before death: 24%
- 5 to 6 years before death: 16%
- 6 to 7 years before death: 8%
If you give away an asset but continue to benefit from it, this is considered a "gift with reservation," and the value of the asset will still count towards your estate. Examples of gifts with reservation include:
- Giving your home to a relative but continuing to live in the gifted property.
- Giving away a caravan but still using it for holidays without charge.
- Donating a valuable painting but still displaying it in your home.
Tax Diary December 2024/January 2025
- 1 December 2024 - Due date for Corporation Tax payable for the year ended 28 February 2024.
- 19 December 2024 - PAYE and NIC deductions due for month ended 5 December 2024. (If you pay your tax electronically the due date is 22 December 2024).
- 19 December 2024 - Filing deadline for the CIS300 monthly return for the month ended 5 December 2024.
- 19 December 2024 - CIS tax deducted for the month ended 5 December 2024 is payable by today.
- 30 December 2024 - Deadline for filing 2023-24 self-assessment tax returns online to include a claim for under payments to be collected via tax code in 2025-26.
- 1 January 2025 - Due date for Corporation Tax due for the year ended 31 March 2024.
- 19 January 2025 - PAYE and NIC deductions due for month ended 5 January 2025. (If you pay your tax electronically the due date is 22 January 2025).
- 19 January 2025 - Filing deadline for the CIS300 monthly return for the month ended 5 January 2025.
- 19 January 2025 - CIS tax deducted for the month ended 5 January 2025 is payable by today.
- 31 January 2025 - Last day to file 2022-23 self-assessment tax returns online.
- 31 January 2024 - Balance of self-assessment tax owing for 2023-24 due to be settled on or before today unless you have elected to extend this deadline by formal agreement with HMRC. Also due is any first payment on account for 2024-25.
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