Client Update October 2024

The Chancellor should use her Autumn Budget to make off-payroll working rules ‘fairer and more effective’, according to the Association of Independent Professionals and the Self-Employed (IPSE).

IPSE says that the rules, commonly known as IR35, are still causing significant disruption for businesses and public bodies needing to recruit freelancers and contractors for their operations.

An IPSE survey of 1300 contractors in early 2024 found that 54% had walked away from an offer of work due to disagreements over the client’s IR35 determination.

It says the last government presided over a disastrous tightening of IR35 with the off-payroll working reforms. It is asking the new government to find a ‘fairer and more effective way for people to work as freelancers without being subject to endless challenges from their clients and the taxman’.

IPSE also called on HMRC to give taxpayers the support and the Chancellor to end the uncertainty over Managed Service Company legislation.

IPSE’s Fred Hick said:

‘For the first time since Spring 2010, a Labour Chancellor will deliver a Budget statement to the House of Commons. Government has so far painted a dour picture in the run up to the statement, with the Prime Minister warning that the Budget will be ‘painful’ – leading commentators to conclude that tax rises and spending cuts are on the way. But after a painful few years for the self-employed, we’re hoping government can spare some positivity for the sector.’

Internet link: IPSE website

The end of business rates relief will sting hospitality with a £928 million bill in April unless the government acts in the Budget, warns UKHospitality.

Hospitality and leisure businesses face their bills quadrupling if business rates relief ends as planned on 31 March, it adds.

The trade body is calling for the Chancellor to introduce a new lower, permanent and universal rate for hospitality’s business rates at the Budget on 30 October.

It says the current business rates system unfairly penalises hospitality, with the sector paying three times more than it should do. UKHospitality wants to see a lower, permanent and universal rate, or ‘multiplier’, for hospitality businesses.

Kate Nicholls, Chief Executive of UKHospitality, said:

‘Hospitality businesses are facing a devastating cliff-edge next April, when many will see their bills quadruple.

‘The scale of this almost billion-pound tax bombshell is just not viable. Many will face risk of closure, be forced to let people go to stay afloat, or shelve their investment plans.

‘There has to be a solution that avoids this cliff edge, and a lower, permanent and universal multiplier for hospitality would deliver that.

‘Not only would it give certainty and stability to businesses, but it would allow the government to begin delivering on its own manifesto commitment.

‘At the Budget, the Chancellor can choose to act and take the brakes off the sector’s growth by avoiding this cliff-edge. I hope she does just that because inaction could be fatal.’

Internet links: UKHospitality website

The Resolution Foundation has suggested that reforms to Inheritance Tax (IHT), Capital Gains Tax (CGT) and national insurance (NI) could raise more than £20 billion a year.

The Foundation said that the reforms could also pass a ‘triple tax test’ of improving tax efficiency, making sure that tax rises fall on those with the broadest shoulders.

It said that Chancellor Rachel Reeves has ‘greatly limited’ her revenue raising options by pledging not to raise the main rates of Income Tax, Corporation Tax, VAT or NI.

According to the Resolution Foundation, CGT is ‘ripe for reform’ as rates are ‘unjustifiably lower’ compared to those on other forms of income.

Adam Corlett, Principal Economist at the Resolution Foundation, said:

‘There is widespread speculation about what might be in the first Budget of the new Parliament, but overall tax rises are a dead cert and time-honoured tradition.

‘Long overdue reforms to IHT, CGT and pension contribution reliefs would fit the bill and could raise over £20 billion if needed, while also making the tax system fairer and more consistent between different taxpayers.’

Internet link: Resolution Foundation website

The government has announced an overhaul of the UK’s apprenticeship system.

A new growth and skills levy which will replace the existing apprenticeship levy and include new foundation apprenticeships.

The government says these new apprenticeships will give young people a route into careers in critical sectors, enabling them to earn a wage whilst developing vital skills.

The new levy will also allow funding for shorter apprenticeships, giving learners and employers greater flexibility over their training than under the existing system – where apprenticeships must run for at least 12 months.

The training eligible for funding under the new levy will develop over time, informed by Skills England’s assessment of priority skills needs, the government adds.

The Department for Education will set out further details on the scope of the offer and how it will be accessed in due course.

Alex Veitch, Director of Policy at the British Chambers of Commerce, said:

‘Skills shortages continue to be a major concern for businesses and a drag on economic growth.

‘The proposed new Growth and Skills Levy was a key part of the government’s plans at the election. It is welcome ministers have acted early to give more details about skills reform.

‘We’ve long argued that the current Apprenticeship Levy needs urgent reform to make it more flexible. Businesses need a simple, coherent and responsive system that properly incentivises employer investment in training.’

Internet link: GOV.UK BCC website

HMRC has been urged to defuse a tax bombshell threatening online traders, by the Low Incomes Tax Reform Group (LITRG).

The LITRG, which is part of the Chartered Institute of Taxation (CIOT), says the tax authority must take action in order to make sellers aware of the fact that they may need to file a tax return and pay tax on their online trading income.

The group said that although there is no change to existing tax rules, HMRC will have more information on who is earning income via online platforms and will be more able to find out who owes tax on their earnings.

The LITRG argues that the new reporting rules could ’cause chaos’ for taxpayers when the first reports are sent to HMRC and sellers in early 2025.

It has called on HMRC to strengthen its guidance for sellers using online platforms and standardise information so that users can easily understand it and report earnings by tax year.

Claire Thackaberry, Technical Officer at the LITRG, said:

‘There are just over three months to go until HMRC starts getting information about the income and activities of people who use online platforms to make money. We are concerned that we will see the same chaos and confusion that arose when the rules first came into effect.

‘Time is running out for HMRC to defuse this ticking time bomb. The information that HMRC will receive from platforms will be presented by calendar year, therefore covering more than one tax year. This could make it more difficult to work out when tax is due.’

Internet link: CIOT website

An estimated £5.5 billion was lost due to tax evasion during 2022/23, according to a report published by the National Audit Office (NAO).

The NAO stated that ‘significant weaknesses’ in government systems have left the UK ‘too open’ to tax evasion. According to HMRC, 81% of the tax evasion came from small businesses.

HMRC said that, while the overall level of tax evasion has stabilised in recent years, it has increased amongst small businesses. Whilst HMRC has not estimated the scale of evasion by sector, it considers takeaways and sweet shops as high-risk retailers.

The NAO said that HMRC does not have a specific strategy to clamp down on tax evasion, and instead aims to stop overall levels of non-compliance increasing.

It also said that there has been too little emphasis on some widespread forms of tax evasion, such as electronic sales suppression (ESS) and abuse of the insolvency process to avoid paying tax debts, which is known as ‘phoenixism’.

Gareth Davies, Head of the NAO, said:

‘Although tax evasion has been growing among small businesses, HMRC has so far lacked an effective strategic response.

‘Its assessment of risks has given too little emphasis to widely used methods of evasion such as sales suppression and phoenixism. It has also failed to use new powers to tackle tax evasion.’

Internet link: NAO website

Over half a million young people are yet to lay claim to Child Trust Funds worth an average of £2,212, HMRC has said.

Child Trust Funds are long term, tax-free savings accounts which were set up, with the government depositing £250, for every child born between 1 September 2002 and 2 January 2011.

Young people can take control of their Child Trust Fund at 16 and withdraw funds when they turn 18 and the account matures.

The savings are not held by the government but are held in banks, building societies or other saving providers. The money stays in the account until it’s withdrawn or re-invested.

If teenagers or their parents and guardians already know who their Child Trust Fund provider is, they can contact them directly. If they do not know where their account is, they can use the online tool on GOV.UK to find out their Child Trust Fund provider.

Angela MacDonald, HMRC’s Second Permanent Secretary and Deputy Chief Executive, said:

‘Thousands of Child Trust Fund accounts are sitting unclaimed – we want to reunite young people with their money and we’re making the process as simple as possible.

‘You don’t need to pay anyone to find your Child Trust Fund for you, locate yours today by searching ‘find your Child Trust Fund’ on GOV.UK.’

Internet link: GOV.UK

The government has announced a crackdown on late payments to small businesses and the self-employed.

Late payments cost SMEs £22,000 a year on average, according to Smart Data Foundry, while the Federation of Small Businesses says it leads to 50,000 business closures a year.

The government will consult on new laws that will hold larger firms to account and aim to get cash flowing back into businesses.

In addition, new legislation being brought in the coming weeks will require all large businesses to include payment reporting in their annual reports – putting the onus on them to provide clarity in their annual reports about how they treat small firms. This will mean company boards and international investors will be able to see how firms are operating.

Anna Leach, Chief Economist at the Institute of Directors (IoD), said:

‘For small businesses in particular, the time taken to pay an invoice matters. Companies that are paid swiftly can raise their productivity by spending more time on projects of economic value and less time chasing invoices.

‘We know from our research that there is a significant lack of awareness amongst businesses of the ability to check on the payment practices of large employers, and even fewer feel able to take enforcement action against their customers.

‘By ensuring that there is increased visibility of payment practices, reputational pressure will spur change in poorly performing firms, rather than smaller suppliers needing to try and negotiate in isolation.’

Internet link: GOV.UK IoD website

The Employment (Allocation of Tips) Act 2023 went live on 1 October. If your business operates a tipping policy here are the ‘needs to know’ that you should be aware of.

https://om.uk/insight/9-need-to-knows-for-the-allocation-of-tips/