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Liability
to corporation tax (CT)
Companies that are resident in the UK are subject
to CT on their profits (income plus gains) arising in an accounting
period. An accounting period cannot be more than 12 months. Company
accounts prepared for a period of more than 12 months are apportioned
between the first 12 months and the remainder. Non-resident companies
may be subject to CT where they trade in the UK through a permanent
establishment.
- A company incorporated in the UK is treated
as UK resident.
- A non-UK incorporated company is treated
as resident in the UK if its central management and control is
exercised in the UK.
Taxable profits The
amounts of income and capital gains are basically determined by
the tax rules that apply to individuals. Companies are subject to
many special rules and qualify for some special tax reliefs.
In particular:
- Small and medium size companies can deduct
150%, and large companies 125%, of qualifying revenue expenditure
on research and development.
- The corporate venturing scheme gives
companies tax relief of 20% on the cost of subscribing for shares
in a qualifying unquoted company under similar conditions to the
enterprise investment scheme.
- Tax relief is given on the cost of intangible
assets acquired after 31 March 2002 at the rate of depreciation
in the accounts or 4% a year, whichever is the greater.
Capital gains by companies
A company's capital gains are subject to CT at
the normal rates with no annual exemption.
- Companies continue to receive indexation
relief on gains and do not receive taper relief.
- Capital gains may be offset by capital losses
of the same accounting period or capital losses brought forward
from previous periods.
- Roll-over relief is available where business
assets are replaced.
- Qualifying disposals of substantial holdings
(at least 10%) are exempt. The vendor and the company being sold
must satisfy a trading condition and the vendor must have owned
the shares for at least 12 months.
- Companies are subject to different identification
rules from individuals for disposals of shares and securities.
Rates of tax
The rate of CT is fixed for the financial year
ending each 31 March. Where an accounting period straddles this
date, the profits are apportioned accordingly.
- The main rate of
CT is 30%. This is charged on the whole of profits where they
exceed £1,500,000, and in all cases for close investment-holding
companies.
- The small companies rate
of 19% is charged on the first £300,000 of profits where profits
are between £50,000 and £1,500,000.
- Profits between the lower and upper profit
thresholds (£300,000-£1,500,000), are in effect charged at a marginal
rate of tax of 32.75%.
- A company with taxable profits up to £50,000
is charged at 0% on the first £10,000 and an effective marginal
rate of 23.75% on the next £40,000. Profits equal to dividends
paid in the period, and after 31 March 2004, to non-corporate
shareholders are charged at 19%. The remaining profits are charged
at the underlying rate. This is the average rate that would apply
if all the profits were taxed at 0% on the first £10,000 and 23.75%
on the next £40,000.
- Where a company has associated companies,
all the rate thresholds are divided by the number of associated
companies plus one. For example, a company with three associated
companies is taxed at 19% on profits between £12,500 (£50,000
divided by four) and £75,000 (£300,000 divided by four). Associated
companies are broadly companies under common control.
| Corporation
tax rates |
|
| Corporation tax
year |
2004 |
2003 |
2002 |
| Financial year |
to 31.3.05 |
to 31.3.04 |
to 31.3.03 |
| Full rate |
30% |
30% |
30% |
| Small companies
rate |
19% |
19% |
19% |
| |
Small companies limit |
£300,000 |
£300,000 |
£300,000 |
| |
Effective marginal rate |
32.75% |
32.75% |
32.75% |
| |
Upper marginal limit |
£1,500,000 |
£1,500,000 |
£1,500,000 |
| Starting rate |
0% |
0% |
0% |
| |
Starting rate limit |
£10,000 |
£10,000 |
£10,000 |
| |
Effective marginal rate |
23.75% |
23.75% |
23.75% |
| |
Upper marginal limit |
£50,000 |
£50,000 |
£50,000 |
| Minimum rate on
dividends |
19% |
n/a |
n/a |
|
Company losses
A company's trading losses can normally be set
against:
- Income and gains of the same accounting period.
- Income and gains of the previous year.
- Trading profits from the same trade in future
years.
Losses of the final 12 months of a trade can
be carried back three years. Losses are set against more recent
periods before earlier periods.
Groups of companies
Profits and losses are calculated separately
for each company. However, group relief generally allows trading
losses, losses on property letting, management expenses and certain
other deductions to be surrendered by one company and set against
the profits of other companies in the same group.
In general, 'group' means that 75% of the ordinary share capital
of one company is owned by another company; or several companies
may share the same parent owning at least 75% of the share capital.
Dividends
Companies do not have to pay tax at the time
they pay a dividend. Corporation tax is paid at the normal time
on the company's taxable profits without any deduction for dividends
paid. For small companies, profits that are paid out as dividends
are charged at not less than 19%.
- A shareholder receives the dividend with
an accompanying tax credit equal to 10% of the dividend plus tax
credit. The tax credit is equivalent to the basic rate of income
tax on dividends (see Income
Tax: Investment income).
- Companies pay no tax on dividends received.
Self-assessment
Companies have to self-assess their corporation
tax liabilities.
- The corporation tax return includes a self-assessment
of the company's tax liabilities for the accounting period, including
any tax on loans to shareholders and tax arising under anti-avoidance
rules.
- Full statutory accounts and corporation tax
computations have to be sent with the return.
- Unless the Inland Revenue makes enquiries
into the return, the company's assessment is usually regarded
as finalised 12 months after the filing date for the return.
- Inland Revenue enquiries into the return
are subject to rules similar to those that apply to income tax.
- Companies are subject to similar rules to
those applying to individuals for amending returns and making
claims for tax reliefs.
- Companies normally have to file their return
within 12 months of the end of the accounting period.
- If a return is filed late, the company is
automatically charged a fixed penalty of between £100 and £1,000,
depending on how late the return is and whether lateness is habitual.
An additional tax-linked penalty is charged if the return is filed
more than six months late. The penalty is based on the amount
of tax unpaid at the six-month point and increases if the delay
continues.
- Interest is charged on CT that is paid late.
Unlike interest on IT, interest on CT is tax deductible and interest
on repayments is taxable.
- Large companies have to make quarterly payments
of CT in the 7th, 10th, 13th and 16th month following the start
of the accounting period. Large companies are those with profits
of over £1.5 million, reduced where there are associated companies.
In the first period in which a company becomes large, it only
has to make quarterly payments if its profits are more than £10
million.
- Each instalment is based on the company's
latest estimated CT liability.
- Groups can pay instalments on a group-wide
basis without specifying individual companies' liabilities.
- Companies that are not large have to pay
their CT nine months after the end of the accounting period.
The Dyer Partnership, 17
Westminster Court, Hipley Street, Old Woking, Surrey GU22 9LG
Copyright © 2002 - 2004
The Dyer Partnership Limited
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