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Current Tax
Issues
   John Richards
  Managing Partner
 Anthony Andreasen
   Tax Consultant
Personal Allowance

  2009/10     £6475



  2010/11   >£100000     >£112950


            Abatement
             £1 for £2    NIL
Personal Tax Example
Personal Tax Example
Personal Tax
                              2009/10   2010/11
       Basic Rate              20%
Higher Rate Threshold
                              >£37400
      Higher Rate
Dividend Higher (effective)
           Rate
                               40%
   Secondary Threshold
                               25%      >£150000
  Secondary Higher Rate
   Secondary Dividend                     50%
     (effective) Rate
                                         36.1%
National Insurance

                     2009/10   2010/11   2011/12

Class 1 & 4 Basic     11%       11%        12%
Class 1 & 4 Higher     1%        1%        2%

Class 1 Employer      12.8%    12.8%      13.8%

Combined Higher
                       41%       51%      51.5%
 Rate tax & NI
Other Tax Changes

•VAT goes back to 17.5% 1/1/2010
•Corporation Tax rate stays at 21% until 2011/12
•Capital Allowances – 40% FYA ceases 6/4/2010
•IHT threshold frozen £325,000
•Furnished holiday lettings beneficial treatment
ceases 5/4/2010
•Stamp Duty holiday on residential property below
£175,000 ceases 31/12/2009
Advancing Income into 2009/10
Earned Income
Earnings £120,000 pa
     Move £20,000 to 2009/10 from 2010/11
           Increase 2009/10     £8,000
           Decrease 2010/11     £10,590
           Saving               £2,590

Earnings £200,000pa
     Move £50,000 to 2009/10 from 2010/11
           Increase 2009/10     £20,000
           Decrease 2010/11     £25,000
           Saving               £5,000
Advancing Income by changing year
end
•Solicitor   30/4/2008         £120,000
             30/4/2009         £150,000
             30/4/2010         £180,000
             31/4/2011         £150,000
             Overlap relief brought forward £16,000

Change year end to 31 March 2010
          2009/10    Tax Increase        £61,090
          2010/11    Tax Decrease        £75,990
          Saving                         £14,900
Alternative Suggestions

•Income splitting
•Loans to Shareholders
•Corporate partner/member
Offshore Disclosure Facility
•Notification of overseas bank accounts extended
until 4th January 2010
•Full disclosure by 12 March 2010
•Legislation to attack non disclosure
Tax Efficient Investments

•Enterprise Investment Scheme
•Venture Capital Trusts
•Film Partnerships
•Enterprise Zone Trusts
•Green Energy Investments
Enterprise Management Incentives
•Tax efficient employee incentivisation
•Key employees
•Company must qualify
•Trade must qualify
•Employee must qualify
•Options (and shares) must qualify
•Company can obtain advances assurance that it
qualifies under the scheme rules from HMRC
Enterprise Management Incentives

Tax Implications
•Options granted for exercise price equal to or
greater than MV
   •No tax on grant or exercise

•Tax + NI Charge
   •Option price is less than MV at date of grant
   •Shares under the option are free
   •Disqualifying event
Enterprise Management Incentives

•Income tax on discounted options
•Corporation tax deduction
•Employers NIC
•Capital Gains Tax
Company Purchase of Own Shares


•Distributable Reserves
•Ordinarily treated as a distribution
•Capital Gains Treatment?
   •Seek advance clearance
   •Significant benefit to shareholder (10% or
   18%)
Criteria to be met

 •Articles of association do not prohibit
 •Substantial reduction in share capital
 •Ownership period
 •Must not be connected
 •Bona fide commercial reason
 •Automatic treatment
Research & Development Tax Relief

    “advance overall
    knowledge/capability
    in the field of science or
    technology”
Research and Development Tax Relief

 •Enhanced deduction of 175% on qualifying
 expenditure (SME)
 •Reduce taxable profits or increase allowable
 loss
 •Loss utilisation v tax credits
 •Large company relief (130%)
 •IP changes from Pre Budget Report
Research and Development Tax Relief
 •Eligible expenditure
    •Staffing costs
    •Consumables
    •Software
    •Utility costs
 •Funding
 •Subcontractor costs
 •Making the claim
    •Briefing document
    •Late claims
    •Maintaining records in support of R&D claim
Thank you for listening

John Richards
Managing Partner
Tel 0191 2569500
john.richards@r-m-t.co.uk

Anthony Andreasen
Tax Consultant
Tel 0191 2569500
anthony.andreasen@r-m-t.co.uk

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RMT Tax Seminar Dec 2009

  • 1. Current Tax Issues John Richards Managing Partner Anthony Andreasen Tax Consultant
  • 2. Personal Allowance 2009/10 £6475 2010/11 >£100000 >£112950 Abatement £1 for £2 NIL
  • 5. Personal Tax 2009/10 2010/11 Basic Rate 20% Higher Rate Threshold >£37400 Higher Rate Dividend Higher (effective) Rate 40% Secondary Threshold 25% >£150000 Secondary Higher Rate Secondary Dividend 50% (effective) Rate 36.1%
  • 6. National Insurance 2009/10 2010/11 2011/12 Class 1 & 4 Basic 11% 11% 12% Class 1 & 4 Higher 1% 1% 2% Class 1 Employer 12.8% 12.8% 13.8% Combined Higher 41% 51% 51.5% Rate tax & NI
  • 7. Other Tax Changes •VAT goes back to 17.5% 1/1/2010 •Corporation Tax rate stays at 21% until 2011/12 •Capital Allowances – 40% FYA ceases 6/4/2010 •IHT threshold frozen £325,000 •Furnished holiday lettings beneficial treatment ceases 5/4/2010 •Stamp Duty holiday on residential property below £175,000 ceases 31/12/2009
  • 8. Advancing Income into 2009/10 Earned Income Earnings £120,000 pa Move £20,000 to 2009/10 from 2010/11 Increase 2009/10 £8,000 Decrease 2010/11 £10,590 Saving £2,590 Earnings £200,000pa Move £50,000 to 2009/10 from 2010/11 Increase 2009/10 £20,000 Decrease 2010/11 £25,000 Saving £5,000
  • 9. Advancing Income by changing year end •Solicitor 30/4/2008 £120,000 30/4/2009 £150,000 30/4/2010 £180,000 31/4/2011 £150,000 Overlap relief brought forward £16,000 Change year end to 31 March 2010 2009/10 Tax Increase £61,090 2010/11 Tax Decrease £75,990 Saving £14,900
  • 10. Alternative Suggestions •Income splitting •Loans to Shareholders •Corporate partner/member
  • 11. Offshore Disclosure Facility •Notification of overseas bank accounts extended until 4th January 2010 •Full disclosure by 12 March 2010 •Legislation to attack non disclosure
  • 12. Tax Efficient Investments •Enterprise Investment Scheme •Venture Capital Trusts •Film Partnerships •Enterprise Zone Trusts •Green Energy Investments
  • 13. Enterprise Management Incentives •Tax efficient employee incentivisation •Key employees •Company must qualify •Trade must qualify •Employee must qualify •Options (and shares) must qualify •Company can obtain advances assurance that it qualifies under the scheme rules from HMRC
  • 14. Enterprise Management Incentives Tax Implications •Options granted for exercise price equal to or greater than MV •No tax on grant or exercise •Tax + NI Charge •Option price is less than MV at date of grant •Shares under the option are free •Disqualifying event
  • 15. Enterprise Management Incentives •Income tax on discounted options •Corporation tax deduction •Employers NIC •Capital Gains Tax
  • 16. Company Purchase of Own Shares •Distributable Reserves •Ordinarily treated as a distribution •Capital Gains Treatment? •Seek advance clearance •Significant benefit to shareholder (10% or 18%)
  • 17. Criteria to be met •Articles of association do not prohibit •Substantial reduction in share capital •Ownership period •Must not be connected •Bona fide commercial reason •Automatic treatment
  • 18. Research & Development Tax Relief “advance overall knowledge/capability in the field of science or technology”
  • 19. Research and Development Tax Relief •Enhanced deduction of 175% on qualifying expenditure (SME) •Reduce taxable profits or increase allowable loss •Loss utilisation v tax credits •Large company relief (130%) •IP changes from Pre Budget Report
  • 20. Research and Development Tax Relief •Eligible expenditure •Staffing costs •Consumables •Software •Utility costs •Funding •Subcontractor costs •Making the claim •Briefing document •Late claims •Maintaining records in support of R&D claim
  • 21. Thank you for listening John Richards Managing Partner Tel 0191 2569500 john.richards@r-m-t.co.uk Anthony Andreasen Tax Consultant Tel 0191 2569500 anthony.andreasen@r-m-t.co.uk