13: Tax Flashcards

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1
Q

What is income tax?

A

Income tax is paid by individuals on their income, such as earnings from employment, business profits, bank interest, and dividends.

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2
Q

What is capital gains tax (CGT)?

A

CGT is a tax on the profit when an individual disposes of an asset, calculated as the difference between the asset’s purchase price and its sale value.

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3
Q

Which tax do companies pay instead of income tax and CGT?

A

Companies pay corporation tax on their income profits and capital gains.

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4
Q

What is stamp duty?

A

Stamp duty is a tax on documents, such as stock transfer forms used to transfer shares, enforceable only if HMRC has stamped them to show the stamp duty has been paid.

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5
Q

Who generally has to account for VAT and who cannot reclaim it?

A

Most businesses must account for VAT, charging it on sales and reclaiming it on business expenditures. Consumers generally pay VAT without being able to reclaim it.

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6
Q

What is the difference between tax avoidance and tax evasion?

A

Tax avoidance is legally using tax laws to minimize tax liability, while tax evasion is illegally evading tax liability by not declaring income or transactions.

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7
Q

What is the General Anti-Abuse Rule (GAAR)?

A

GAAR allows HMRC to challenge transactions lacking a commercial purpose other than avoiding taxes such as income tax, CGT, or corporation tax.

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8
Q

Define ‘income’ in the context of income tax.

A

Income is money received on a recurring basis, such as salary, bank interest, and business profits, but excludes one-off sales of assets.

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9
Q

List the sources of taxable income.

A

Taxable income sources include:
- Trade, profession, or vocation income
- Property income
- Savings and investment income (interest and dividends)
- Employment and pensions income

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10
Q

What are the main stages in calculating income tax?

A
  1. Add up income from each source (TOTAL INCOME)
  2. Deduct allowable reliefs (NET INCOME)
  3. Deduct allowances (TAXABLE INCOME)
  4. Adjust for personal savings and dividend allowances
  5. Separate out non-savings, non-dividend income from savings income and dividend income
  6. Apply tax rates to calculate tax on each type of income
  7. Add together amounts of tax (TAX LIABILITY)
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11
Q

What is the tax year for income tax purposes?

A

The tax year runs from 6 April to 5 April of the following year.

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12
Q

When will expenditure be deductable?

A

When it is:

  • wholly and exclusively incurred for the purposes of the trade
  • of an income nature
  • not prohibited from deduction (e.g. entertaining UK customers)
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13
Q

What relief can individuals claim on loan interest?

A

Individuals can deduct interest paid on loans specifically to buy a partnership share, contribute capital, or make a loan to a partnership.

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14
Q

Is capital expenditure deductible from total income?

A

No, but there are capital allowances, which allow deduction on a proportion of the money spent on plant and machinery from their net profit for income tax purposes.

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15
Q

Can you claim relief for interest paid on loans to invest in ‘close companies’ (small ones) and loans taken out by PRs to pay inheritance tax?

A

Yes you can.

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16
Q

What is the personal allowance in income tax?

A

The personal allowance is a set amount of income that an individual can receive tax-free each tax year. This amount is currently £12,570.

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17
Q

How is personal allowanced altered if a taxpayer’s net income is above £100,000?

A

It is reduced by £1 for every £2 which is above £100,000.

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18
Q

What are employment-related share schemes and when do they not apply?

A

When employees are partly paid by issuing them with shares for free or less than market value. The employees will be treated as having received the difference between the value of the shares and how much they spent on them.

These rules don’t apply when the employee is granted an OPTION to buy shares at some date in the future, but if they choose to do that, they may have to to pay income tax on the money between the market value and what they paid.

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19
Q

How are personal savings and dividend allowances adjusted?

A

These allowances let individuals receive a specified amount of interest on savings and dividends tax-free, depending on their taxable income and tax band.

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20
Q

What are the different rates of income tax?

A

Income tax rates include:
20% Basic rate - £12,570- £50,000
40% Higher rate - over £50,000
45% Additional rate - over £125,000

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21
Q

How is capital gains tax calculated?

A

CGT is calculated as:
[Chargeable Gain] = [Disposal Proceeds] - [Acquisition Cost] - [Incidental Costs] - [Improvement Expenditure]

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22
Q

What needs to be separated from the income, as they are taxed at different rates?

A

Savings and dividend income (from NSNDI).

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23
Q

Which is taxed first, Non-Savings, Non-Dividend Income (NSNDI), or Savings income?

A

Savings income is taxed after NSNDI, and finally dividend.

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24
Q

What is the disposal process in CGT?

A

Disposal can be a sale or a gift. If sold, the proceeds are the sale price; if given away, the proceeds are the market value. Disposals on death are not chargeable.

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25
Q

What are chargeable assets under CGT?

A

Most assets, including foreign currency and property, are chargeable. Exemptions include private motor vehicles and some wasting assets.

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26
Q

What are wasting assets?

A

Wasting assets are those with a predictable life of less than 50 years, such as computers and consumer goods, and are generally not chargeable under CGT.

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27
Q

What is the annual exemption for CGT?

A

The annual exemption allows individuals to deduct a set amount of their chargeable gains from their total gains each tax year. The exemption amount varies annually.

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28
Q

How are gains on private dwellings treated under CGT?

A

Gains on an individual’s main residence are generally exempt from CGT, provided the dwelling has been their main residence throughout the ownership period.

29
Q

Can you have an exemption from CGT on expenditure whilst the asset was owned?

A

Yes, but only for money spent improving the asset, spend preserving it or protect title to it. However, repairs and maintenance cannot be deducted.

30
Q

In what order do you calculate CGT liability?

A
  1. Applicable reliefs
  2. Deduct annual exemption
  3. Apply appropriate rate of CGT tax
31
Q

What is the CGT allowance?

A

£3,000

32
Q

What is hold-over relief in CGT?

A

Hold-over relief allows the deferral of CGT on gifted business assets, transferring the gain to the recipient who pays CGT on both their and the donor’s gains upon disposal.

33
Q

What is roll-over relief on replacement of qualifying business assets?

A

Roll-over relief allows the postponement of CGT when proceeds from disposed business assets are reinvested in other qualifying assets, until the new asset is disposed of.

34
Q

What is roll-over relief on incorporation?

A

Roll-over relief on incorporation allows the postponement of CGT when a sole trader or partner incorporates their business by exchanging business assets for shares in the new company.

35
Q

What is reinvestment relief in unquoted shares?

A

Reinvestment relief allows the deferral of CGT when the proceeds from chargeable gains are reinvested in qualifying unquoted trading company shares.

36
Q

What is Business Asset Disposal Relief (BADR)?

A

Currently at 10%, BADR provides a reduced CGT rate for individuals disposing of interests in unincorporated businesses or qualifying shares in trading companies, subject to a lifetime limit.

37
Q

How does CGT apply to partnerships?

A

Partners in ordinary partnerships and LLPs pay CGT on their share of the partnership’s gains, calculated based on their share in the partnership’s capital profits.

38
Q

How are incidental costs considered in CGT calculation?

A

Incidental costs, such as commissions and legal fees, incurred during acquisition and disposal of assets, can be deducted from the disposal proceeds to calculate chargeable gain.

39
Q

When is income tax payable?

A

Income tax is payable in two installments: the first by 31 January during the tax year, and the second by 31 July after the tax year, with a final balancing payment by the following 31 January.

40
Q

What is corporation tax?

A

Corporation tax is paid by companies on their income profits and chargeable gains, instead of income tax or CGT.

41
Q

What is the basic structure for calculating corporation tax?

A

Income profits + chargeable gains = total profits
Deduct reliefs available against total profits = taxable profits
Apply tax rate for the financial year(s) = corporation tax liability

42
Q

Are dividends paid by a company deducted in calculating trading profits?

A

No, dividends are not deducted in calculating trading profits because they are a distribution of profits after calculation.

43
Q

What is included in a company’s deductible expenditure?

A

Salaries paid to employees, including directors, are included in deductible expenditure.

Shareholders who are also directors or employees can receive income as salary without the company paying corporation tax on it.

44
Q

What is the additional deduction for research and development expenditure?

A

Small and medium-sized companies can deduct an additional amount of the cost of research and development expenditure. The specifics depend on the company size.

45
Q

How are goodwill and intellectual property treated for corporation tax?

A

They count as income, and spending on them can be deducted from the company’s income. Profits from selling them can be used to buy replacements without paying taxes immediately.

46
Q

Can a company have reliefs like private dwelling, spouse or hold-over relief?

A

No, they cannot.

47
Q

What is roll over relief on the disposal of qualifying business assets?

A

Companies can claim roll over relief on qualifying business assets’ disposal, deferring tax on profits by reinvesting in new assets.

48
Q

What is the only general relief available to companies?

A

Qualifying donations to charity.

49
Q

What is the exemption for disposals of substantial shareholdings?

A

This exemption applies to disposals by a company of shares in a trading company, if the first company has owned at least 10% of the second company’s shares for at least 12 months.

50
Q

Explain trading losses relief for companies?

A

Companies can set trading losses against profits, carry back losses to the previous year, or carry forward losses to offset future profits.

51
Q

When does the financial year run?

A

From 1 April to 30 March.

52
Q

When must corporation tax be paid?

A

Corporation tax must be paid no later than 9 months and 1 day after the end of the accounting period. Large companies must pay in four instalments, including three during the accounting period.

53
Q

What is stamp duty?

A

Stamp duty is a tax on certain documents, such as stock transfer forms, which require stamping by HMRC to be enforceable.

54
Q

How is stamp duty calculated on stock transfer forms?

A

Stamp duty on stock transfer forms is 0.5% of the consideration for the shares, rounded up to the nearest £5, paid by the buyer.

55
Q

What is the procedure for paying stamp duty on share transfers?

A

The transferee sends the stock transfer form (STF) and payment to HMRC, receives the stamped STF back, and then submits it with the share certificate to the company for registration.

56
Q

What is the exemption for stamp duty on share transfers?

A

STFs transferring shares for consideration of £1,000 or less are exempt from stamp duty. A certificate must be completed on the STF to confirm the consideration is not more than £1,000.

57
Q

Who bears the ultimate cost of VAT?

A

Consumers bear the ultimate cost of VAT as they have no input tax to deduct.

58
Q

What are exempt supplies under VAT?

A

Exempt supplies include insurance, postage stamps, betting and lottery tickets, admission to museums and art galleries, healthcare by registered professionals, and education.

59
Q

What is a taxable person for VAT purposes?

A

A taxable person is someone who is, or is required to be, registered for VAT.

60
Q

What is the threshold for VAT?

A

£90,000

61
Q

What are the advantages and disadvantages of VAT registration?

A

Advantages: A registered business can deduct input tax.

Disadvantages: A registered business must charge VAT on taxable supplies, making it seem expensive compared to unregistered competitors, and it involves significant administration and paperwork.

62
Q

Can businesses register for VAT voluntarily?

A

Yes, businesses can register voluntarily if they wish to benefit from deducting input tax. However, businesses making only exempt supplies cannot register.

63
Q

What are the different VAT rates?

A

The main rate of VAT is supplemented by reduced rates and a zero rate.

Zero-rated items include food (but not restaurant food), non-alcoholic drinks, water, books, medicines dispensed by pharmacies, construction of new homes, and most passenger transport services.

64
Q

What is the difference between exempt and zero-rated supplies?

A

Zero-rated supplies are still taxable, allowing businesses making zero-rated supplies to register for VAT and deduct input tax. Exempt supplies do not permit VAT registration or input tax deduction.

65
Q

What information must a tax invoice include?

A

A tax invoice must include the VAT number of the supplier, the date of the supply, its value, and the rate of VAT charged. The recipient needs this invoice to deduct input tax.

66
Q

When must VAT-registered businesses account to HMRC?

A

VAT-registered businesses must account to HMRC usually 1 month after the end of each quarter, submitting a return showing all supplies made in that quarter and the VAT due, which is the output tax less input tax paid during the quarter.

67
Q

What is the Making Tax Digital programme?

A

By April 2022, all VAT-registered businesses must use specialist software to report to HMRC and make payments as part of the Making Tax Digital programme. Most businesses will continue to report quarterly.

68
Q

How long must businesses keep VAT records?

A

Businesses must keep complete, accurate, and reasonable VAT records for at least 6 years.

69
Q

What is the VAT Flat Rate Scheme?

A

The VAT Flat Rate Scheme allows businesses to pay a single reduced flat rate of tax on all sales without deducting input tax, except for certain large purchases. This scheme simplifies VAT administration.