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Liability
to income tax (IT)
IT is charged on all income that arises in the
UK.
UK residents may also be liable for IT on income arising overseas
(see Non-UK Income and Non-Residents).
- Personal allowances
are deducted from income before calculating IT at rates
determined by the amount of an individual's income. The married
couple's allowances are available only if at least one spouse
was born before 6 April 1935. Relief for the married couple's
allowances is restricted to 10%.
- The extra age allowances
above the basic single personal and married couple's allowance
are reduced by £1 for every £2 where total income is more than
the age allowance threshold.
- The family element of children's tax credit
is paid directly to the main carer and is not an income tax deduction.
The maximum credit for 2004/05 is £545 (£1,090 for
babies up to 1 year old). The credit is reduced by 6.67% of joint
income over £50,000.
- Some income is taxed under schedules and
cases, eg Schedule D Case 1 for trading income.
| Allowances |
2003/04 |
2004/05 |
|
| Allowances |
Personal |
Married |
Personal |
Married |
| |
£ |
£ |
£ |
£ |
| Basic allowances |
4,615 |
2,150 |
4,745 |
2,210 |
| Age 65-74 |
6,610 |
5,565 |
6,830 |
5,725 |
| Age 75 and over |
6,720 |
5,635 |
6,950 |
5,795 |
| Age allowance threshold |
£18,300 |
£18,900 |
|
| Rates |
£ |
£ |
|
| Starting rate 10% up to |
1,960 |
2,020 |
| Basic rate on next |
28,540 |
29,380 |
| Basic rate limit |
30,500 |
31,400 |
| Basic rate on dividends |
10% |
10% |
| Basic rate on savings income |
20% |
20% |
| Basic rate on all other income |
22% |
22% |
| Higher rate on dividends |
32.5% |
32.5% |
| Higher rate on other income |
40% |
40% |
|
Married couples
Husbands and wives are independently subject to
IT, with their own allowances and rates. Where spouses hold shares
in a close company jointly, dividends are allocated between them according
to each spouse's interest in the shares. Income from other assets
is generally divided equally except where the actual division of ownership
is unequal and the couple have asked for this split to be the basis
for taxing the income.
Self-employment
Tax under Sch D Cases I and II is normally charged
on the profits earned in an accounting period. Deductions can be made
against gross income for expenses that are wholly and exclusively
incurred for business purposes.
- Tax is normally charged on the profits of
the 12-month accounting period ending in the tax year.
- In the tax year in which the business is
started, tax is charged on the profits of that tax year, calculated
by apportioning accounting periods if necessary. Any profits taxed
twice are treated as overlap profits.
- Businesses that started before 6 April 1994
may have transitional overlap profits. These are profits assessed
in 1997/98, but actually earned before 6 April 1997.
- In the tax year in which the business ends,
tax is charged on the profits of the final period plus the profits
of any previous accounting period ending in that tax year. Overlap
profits are deducted.
Losses can be carried
forward against future profits of the business. Losses can also be
relieved against other income and capital gains of the same or the
previous tax year.
Losses in the first four tax years of a new business can be carried
back and set against income of the previous three tax years.
Partnership profits are
divided between the partners, who are taxed personally on their profit
share on the same basis as self-employed individuals. Partners must
include their profit share on their tax returns, and the partnership
must also complete a return.
Employment
Employees and directors are taxed under the provisions
of the Income Tax (Earnings and Pensions) Act 2003 on all their remuneration
and benefits from their employment or directorship.
- Income is taxed in the tax year in which
it is received.
- Employers normally deduct tax from pay under
PAYE. Most pensions are also taxed in this way.
Fringe benefits for
employees
Many fringe benefits
are taxed under rules relating to earnings. Directors and employees
earning at least £8,500 a year (including benefits) are taxed on the
'cash equivalent', which is normally the cost of providing the benefit.
Certain benefits are not taxable, eg contributions to approved pension
schemes and mobile phones.
- The taxable benefit of beneficial
loans is the interest saved compared with the Inland Revenue
official rate (5% in 2004/05). Loans up to £5,000 are exempt.
- Use of assets gives
rise to a taxable benefit of 20% a year of the market value when
the asset was first made available to the employee. There is a
limited exemption for computer equipment.
- Living accommodation
is taxed on gross rateable value (estimated for new properties)
or rent paid by the employer if greater. If the property cost
more than £75,000, there is an additional benefit based on the
official interest rate.
- A company car has
a cash equivalent based on its list price when new (up to £80,000)
and the level of carbon dioxide (CO2) emissions in grams per km.
The lower threshold (145g/km) will fall to 140g/km for 2005/06
and 2006/07. Cars at least 15 years old and valued at over £15,000
are taxed on the appropriate percentage of market value. The cash
equivalent of fuel for private use is the appropriate percentage
of £14,400.
| CO2 emissions 2004/05 |
%
of list price |
|
| |
petrol |
diesel* |
| Up to 145g/km |
15 |
18 |
| Each additional 5g/km (ignore
fractions) |
Add 1% |
Add 1% |
| Upper limit |
35 |
35 |
| |
245g/km & over |
230g/km & over |
|
* not meeting Euro IV emission standard. Otherwise
petrol rates apply.
- Approved share and share
option schemes can give tax benefits. The share incentive
plan allows employers to give up to £3,000 of shares to employees
tax-free. In addition, employees may buy up to £1,500 of shares
out of pre-tax salary and the employer can match them 2 for 1.
The enterprise management incentive scheme allows certain smaller
trading companies to grant tax-advantaged share options of up
to £100,000 per employee.
Investment income
Dividends from UK companies and savings income
are taxed according to special rules. These types of investment income
are treated as the top slice of income, with dividends above other
savings income.
- Most investment income, other than dividends
and rents, is taxed at 20% where the taxpayer's total income less
allowances and reliefs is not more than the basic rate limit (£31,400).
- Investment income that falls within the starting
rate band is taxed at the 10% starting rate.
- Taxpayers whose total income is more than
£31,400 (higher-rate taxpayers) have to pay 40% tax (32.5% for
dividends) on that part of their gross investment income that
falls above the basic rate limit.
Taxed savings income is
received after 20% tax has been deducted at source. Basic rate taxpayers
therefore have no more tax to pay and higher-rate taxpayers are liable
for a further 20% of gross savings income above the basic rate limit.
Where taxed savings income falls into the 10% rate band or is covered
by allowances, then the taxpayer can reclaim the tax deducted to the
extent that it exceeds the tax actually due.
Taxed savings income includes bank and building society interest,
annuities, and interest on government stocks if the taxpayer chooses.
Untaxed savings income includes
most National Savings and Investments income, interest on government
stocks and interest on certain bank deposits of at least £50,000.
Dividends from UK companies
carry a tax credit of one-ninth of the cash dividend, an effective
tax deduction at source of 10% of the gross dividend.
- The tax credit covers the full tax liability
of shareholders whose total income less allowances and reliefs
is not more than £31,400. But it cannot be repaid to non-taxpayers.
- Higher-rate taxpayers are taxed a total of
32.5% on that part of their gross dividends that falls above the
basic rate limit. They therefore pay an extra 22.5% on gross dividends,
equivalent to 25% of net dividends, after deducting the tax credit.
An example of a tax computation is set out in Tax
Computation.
Property income
Income tax is charged on rental and other income
from property, including income from furnished lettings. Expenditure
incurred in generating that income, including interest on money borrowed
to buy the let property, is allowed as a deduction. The rents and
deductions from all properties in the UK are combined to arrive at
the net profit or loss.
Capital allowances (see Capital
Allowances: Main allowances) are allowed as an expense, but no
capital allowances are given on furniture and equipment in residential
property. Losses can be carried forward against future letting profits.
Losses on some short-term lettings, eg holiday lettings, can be set
against other income. If the gross income from letting part of one's
home is no more than £4,250 a year (£2,125 for jointly owned homes),
it is exempt from tax.
Overseas property income is taxed separately (see Non-UK
Income and Non-Residents).
Relief for interest
Interest paid can be deducted from business profits
or the profits from property letting. The interest must be incurred
wholly and exclusively for the purpose of the business or property
letting.
Other interest paid by an individual may be deducted from income if
the loan has been taken out for a qualifying purpose. Qualifying loans
include loans:
- To acquire shares in, or lend money to, a
close company or partnership; to buy plant and machinery for use
by a partnership or in one's employment (employees' car purchase
loans are excluded); to contribute capital to a co-operative;
to invest in an employee-controlled company; or to lend money
to personal representatives to provide funds to pay inheritance
tax. These loans are generally subject to special rules.
- Up to £30,000 to a person of 65 or over to
buy an annuity. The loan must have been made or agreed before
9 March 1999 and be secured on the main residence. Relief is at
23%. Relief is not lost if the borrower remortgages or moves home.
Relief is not available for interest on loans
to acquire enterprise investment scheme shares or for interest on
a personal overdraft.
Investments with special
tax rules
Individual Savings Accounts (ISAs)
An individual aged 18 and over can invest up
to £7,000 in an ISA as a mixture of cash, life insurance and stocks
and shares.
Up to £3,000 can be in cash and up to £1,000 can be put into a life
insurance policy. The stocks and shares component can include equities,
qualifying gilts, unit and investment trusts and open-ended investment
companies (OEICs).
Income and gains in an ISA are generally tax-free but the 10% tax
credit on dividends can no longer be claimed.
ISAs replaced two previous tax-free investment
vehicles;
- TESSAs (tax exempt special savings accounts)
which were essentially deposit accounts; and
- PEPs (personal equity plans) which can hold
the same kinds of investments as the stocks and shares components
of ISAs
There are three types of ISA.
- A maxi ISA may
include all three types of investment component and must offer
a stocks and shares component. The cash and life insurance components
are subject to the limits above; the stocks and shares component
is subject only to the overall £7,000 limit. An individual can
invest in only one maxi ISA in a tax year.
- Mini ISAs include
just one of the three types of investment component. An individual
who does not invest in a maxi ISA in any tax year can invest in
up to three mini ISAs - one of each type. A maximum of £3,000
can be invested in a mini stocks and shares ISA, £3,000 in a cash
ISA and £1,000 in a life insurance ISA.
- TESSA-only ISAs
can only include the capital from a matured TESSA. The transfer
must take place within six months of the maturity date, so no
new accounts are available after 5 October 2004. It can be held
in addition to other ISAs. Alternatively, capital from a matured
TESSA can be transferred into the cash component of a maxi ISA
or a mini cash ISA on top of the usual limit.
Teenagers aged 16 and 17 can invest up to £3,000
a year in the cash component of an ISA. If the money comes from
a parent, the tax benefits may be lost.
Life assurance based investments
Life assurance based investments, e.g. investment
bonds, can provide tax advantages for some individual and trustee
investors.
- UK life assurance companies pay tax on their
underlying investments at 20% on their realised capital gains,
savings and non-savings income. The tax on UK dividends is satisfied
by the 10% tax credit.
- For the investor, the proceeds of regular
premium qualifying policies are not subject to income tax or capital
gains tax, unless they are encashed or premiums ceased within
the first 10 years or three quarters of the policy term whichever
is the shorter.
- The proceeds of UK non-qualifying policies,
e.g. single premium bonds, are potentially subject to higher rate
tax (less a credit of 20%) on the policy gain. Up to 5% of the
original investment can be withdrawn each year without a tax charge
at the time.
Enterprise Investment Scheme (EIS)
Investors can obtain tax relief at 20% on the
cost of subscribing for shares in a qualifying unquoted company.
The relief is limited to £200,000 a year and is subject to several
conditions. Any profit on selling the shares is tax-free although
relief can be claimed for losses. An investment in EIS shares may
also qualify for deferral of CGT on realised gains. This relief
is not subject to the £200,000 limit.
Venture Capital Trusts (VCTs)
Investors can obtain tax relief at 40% (in 2004/05
and 2005/06) on up to £200,000 of the amount subscribed by investing
in a spread of unquoted companies through a VCT. The qualifying
conditions and tax benefits for IT and CGT are similar to those
for the EIS, but CGT deferral is not available for investments made
after 5 April 2004. In addition, dividend income is tax-free, although
tax credits cannot be paid.
National Savings and Investments Certificates
(NSICs)
National Savings and Investments certificates
are exempt from tax on their interest. They are available on a fixed
interest or index-linked basis.
The Dyer Partnership, 17
Westminster Court, Hipley Street, Old Woking, Surrey GU22 9LG
Copyright © 2002 - 2004
The Dyer Partnership Limited
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