8 - Corporate Taxation Flashcards

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1
Q

What is VAT and what is it charged on?

A

VAT is charged on
- Any supply of goods or services made in the UK
- Where it is a taxable supply
- Made by a taxable person
- In the course or furtherance of any business carried on by that person.

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2
Q

Key terminology used when discussing VAT.

A

Supply of Goods or Services: Any supply made in the UK of goods or services done in return for consideration.

Made in the UK: The place of supply of the relevant goods or services must be in the UK.

Taxable supply: Any supply made in the UK which is not an exempt supply.

Taxable person: A person who is, or is required to be, registered for VAT purposes. ‘Person’ includes individuals, partners, companies and unincorporated organisations.

In the course or furtherance of any business carried on by him: ‘Business’ is a very wide term and basically any economic activity carried on, on a regular basis. An employee’s services to an employer are excluded. All of a person’s business activities are included in one VAT registration.

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3
Q

Under what conditions is a person required to register for VAT?

A

A person is required to register for VAT in the following situations:

Exceeding the VAT Registration Threshold in the Past Year:
- If the value of a person’s taxable supplies over a period of one year or less exceeds the VAT registration threshold (currently £90,000).
- The person must notify HMRC within 30 days of the end of the month in which the threshold was exceeded.
- The person will be registered from the beginning of the second month after the month in which taxable supplies went over the threshold.

Expected to Exceed the VAT
Registration Threshold in the Next 30 Days
:
- If there are reasonable grounds to believe that the value of a person’s taxable supplies in a period of 30 days beginning at any given time will exceed the VAT registration threshold.
- The person must notify HMRC within the 30 days.
- The person will be registered from the beginning of the 30-day period.

Voluntary Registration:
- A person can choose to register voluntarily, even if the value of taxable supplies does not exceed the VAT registration threshold.
- Voluntary registration allows the person to recover input VAT, which can help reduce business costs.
- However, it also requires the business to charge output VAT on the goods and services supplied to its customers, which may make the business less attractive compared to unregistered competitors.

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4
Q

When can a VAT-registered person apply for deregistration?

A

A VAT-registered person may apply to cancel their registration and stop being treated as ‘taxable’ if the expected value of future annual taxable supplies will not exceed the VAT deregistration threshold.

The current VAT deregistration threshold is £88,000.

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5
Q

What is output tax?

A

The VAT chargeable by a business when making a supply of goods or services is called ‘output’ tax. The VAT relates to the ‘output’ of the business.

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6
Q

What is input tax?

A

The VAT paid by a person on goods or services supplied to the person is called ‘input’ tax. The VAT relates to goods and services ‘bought in’ by the person.

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7
Q

How can companies use output and input tax to their advantage?

A

A VAT registered business offsets input tax it has suffered (on goods and services it has purchased) against output tax it has charged customers or clients (on its own supplies) and only accounts for the difference to HMRC.

The business acts as a tax collector in collecting and paying to HMRC the tax on the value added by the business in the supply chain.

Note that where there is no output tax charged in any VAT accounting period, it is still usually possible to reclaim any input tax incurred where it is intended output tax will be charged in the future.

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8
Q

How much VAT is payable, and how is this calculated?

A

The applicable rate of VAT will depend on the type of supply. The standard rate of VAT is currently 20%.

A price is deemed to be VAT inclusive unless the contract for the supply of goods or services states otherwise. In other words, the stated consideration paid for the supply includes any VAT payable.

Where the standard rate of VAT applies, in order to calculate the VAT element of a VAT inclusive price you should multiply the price by the VAT fraction, which is currently 1/6. This has been worked out as follows:
- Tax rate = 20 = 1
- 100 + tax rate = 120 = 6

The seller must account for the VAT element amount to HMRC, so the seller won’t be allowed to keep the full amount of the stated price. In practice, the seller can deduct any input VAT that it has incurred so it only needs to pay HMRC the difference.

In many situations it will be appropriate for the price of goods or services to be expressed as exclusive of VAT so that VAT is charged in addition to the stated price. Here, the seller will account to HMRC for the VAT element and keep the (VAT-exclusive) stated price.

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9
Q

Arthur, a lumberjack, cuts down a tree and sells the tree to Boris for £200 +VAT;
Boris, a timber merchant, cuts the tree into planks and sells these to Carol for £400 +VAT;
Carol, a furniture manufacturer, turns the planks into desks and sells these to Desmond for £800 +VAT;
Desmond, a furniture supplier, sells the desks to a Law School for £1,000 +VAT; and
Total sent to HMRC

Calculate the VAT paid to HMRC by each of the following VAT registered businesses in connection with the supplies made.

A

Calculate the VAT paid to HMRC by each of the following VAT registered businesses in connection with the supplies made. Assume that VAT is charged at 20% and that all these individuals are registered for VAT. Note that the price charged is stated to be exclusive of VAT in each case.

Example - Answer
- Arthur to Boris for £200 +VAT;
Input VAT suffered = £0
Output VAT charged = £40
VAT sent to HMRC = £40

  • Boris to Carol for £400 +VAT
    Input VAT suffered = £40 (paid to Arthur)
    Output VAT charged = £80
    VAT sent to HMRC = £40
  • Carol to Desmond for £800 +VAT
    Input VAT suffered = £80 (paid to Boris)
    Output VAT charged = £160
    VAT sent to HMRC = £80
  • Desmond to a Law School for £1,000 +VAT
    Input VAT suffered = £160 (paid to Carol)
    Output VAT charged = £200
    VAT sent to HMRC = £40
  • Total sent to HMRC?
  • £40 + £40 + £80 + £40 = £200
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10
Q

What are the four types of supply a business can make for VAT purposes?

A

A business can make four kinds of supply (or the supply can be outside the scope of VAT altogether, such as the transfer of a business as a going concern, subject to certain conditions being satisfied):

  1. Standard Rated
  2. Reduced Rated
  3. Zero Rated
  4. Exempt
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11
Q

How is VAT applied to standard rated supply?

A

Generally, the standard rate of VAT is 20%. A supply by a business will be standard rated unless it falls within one of the other three categories.

A VAT registered business charges VAT at standard rate on its outputs and recovers any VAT suffered on its inputs (unless it makes supplies which fall into the exempt category below).

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12
Q

How is VAT applied to reduced rated supply?

A

A very limited number of types of supply are charged at 5%. These include supplies such as domestic heating and power, installation of mobility aids for the elderly, smoking cessation products and children’s car seats.

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13
Q

How is VAT applied to zero-rated supply?

A

Further supplies are zero rated for public policy reasons. Zero rated supplies include food (within certain categories), sewerage and water, books / newspapers, talking books for the blind, new houses and the construction of new houses, public transport and children’s clothing.

Zero rated supplies fall into the category of taxable supplies. This means that when a VAT registered business makes zero rated supplies it charges VAT at the rate of 0% on its outputs and it can recover any VAT suffered on its inputs. This is therefore a very favourable supply for a business to make.

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14
Q

How is VAT applied to exempt supply?

A

Supplies that are exempt include the provision of insurance, finance, education / health services and the sale of land and buildings (unless it comprises a new commercial building or the supplier of a commercial building has chosen to make the supply standard rated by waiving the exemption).

When a business makes exempt supplies it does not charge VAT on its supplies but equally it is notable to recover any VAT suffered on its inputs.

This input tax is a cost to the business.

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15
Q

What are the VAT invoicing requirements for taxable businesses making standard or reduced rate supplies to other businesses?

A

A taxable business making a standard (or reduced) rate supply of goods or services to another taxable business must:
- Supply the customer/client with a VAT invoice within 30 days of the supply.
- Retain a copy of the invoice for record-keeping.

HMRC conducts regular inspections of businesses to ensure compliance, verifying that both input invoices and copies of output invoices are maintained accurately.

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16
Q

What are the requirements and deadlines for submitting a VAT Return

A

Taxable businesses must submit a VAT Return online to HMRC every three months.
- The due date for submission is typically within one month and seven days after the end of each VAT period.

The VAT Return must detail:
- The total output tax charged on the making of taxable supplies during the VAT period.
- Less the total input tax attributable to the making of taxable supplies.

At the time of submission, the business must pay to HMRC the excess of output tax over input tax.

For businesses paying more than £2.3 million in VAT annually, monthly payments on account are required, with the balance paid upon submission of the quarterly VAT return.

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17
Q

What are the special VAT schemes available to simplify VAT accounting or reduce VAT liability?

A

Several special schemes are designed to simplify accounting for VAT or reduce VAT liability, including:

Retail Schemes:
- For retailers with a large volume of direct sales to the public, special schemes allow them to avoid issuing individual VAT invoices for each transaction.

Cash Accounting Scheme:
- Available to businesses with an annual turnover of less than £1,350,000 (excluding VAT and exempt supplies).
- Allows businesses to account for output tax when the invoice is paid, rather than when it is issued.
Input tax can only be recovered when the business pays the supplier.

Annual Accounting Scheme:
- Permits businesses with an annual turnover not exceeding £1,350,000 (excluding VAT and exempt supplies) to submit one annual VAT Return.
- VAT is paid in instalments throughout the year based on the previous year’s VAT liability, with the balance due upon submission of the annual VAT Return.

Flat Rate Scheme:
- A VAT-registered business with a taxable annual turnover up to £150,000 (excluding VAT) and a total annual turnover up to £230,000 may elect to charge VAT at a flat rate on total turnover, rather than on each transaction.
- Typically, no relief for input VAT is provided.
- The applicable flat rate depends on the business type, with HMRC publishing rates for different sectors such as hairdressers and estate agents.
- Since 1 April 2017, ‘limited cost traders’ using a flat rate scheme must account for VAT at a rate of 16.5%, due to anti-avoidance rules.

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18
Q

Provide a summary of the introduction to VAT.

A
  • VAT is charged on any supply of goods or services made in the UK where it is a taxable supply made by a taxable person in the course or furtherance of any business carried on by him.
  • Persons are required to be registered for VAT if the value of their taxable supplies exceeds certain thresholds. They may also register voluntarily.
  • Businesses charge ‘output’ tax on the taxable supplies they make and pay ‘input’ tax on the taxable supplies they receive.
  • The rates of VAT depend on the type of supply: standard rate, reduced rate, zero rate or exempt. Input tax attributable to standard, reduced or zero rated supplies is generally recoverable. Input tax attributable to exempt supplies is not recoverable.
  • Prices are deemed to be inclusive of VAT (if any) unless stated otherwise.
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19
Q

What is corporation tax and what is it payable on?

A

Corporation Tax is payable on:
- All income profits and
- Chargeable gains
- Of a body corporate
- That arise in its accounting period.

The sum of a company’s profits and gains is known as ‘TTP’ (taxable total profits chargeable to corporation tax).

Companies are assessed to corporation tax by reference to the financial year (1 April – 31 March). Note that because a company can choose its accounting period, it is often different to the financial year, which is the same for all companies.

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20
Q

How much corporation tax is payable by a company and how is this determined?

A

The amount of TTP will determine the amount of corporation tax payable.
- The main rate of corporation tax for the 2024/2025 tax year is 25% for companies with TTP greater than £250,000.
- If a company’s TTP is £50,000 or less, the corporation tax rate is 19%.
- If a company’s TTP is over £50,000 and up to £250,000, a company may claim marginal relief which has a tapering effect on the tax rate.

These are the same rates as the previous tax year.

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21
Q

What is the basic proforma for calculating Taxable Total Profits (TTP)?

A

To calculate a company’s Taxable Total Profits (TTP), the following proforma is used, consisting of two main components:

  • Chargeable Gains
    Formula: Sale Proceeds - [Allowable Expenditure] - [Indexation Allowance] - [Capital/Trading Losses]
    Result: Chargeable Gain
  • Income Profits
    Formula: Income Receipts - [Deductible Expenditure] - [Capital Allowances] - [Trading Losses]
    Result: Income Profits

After calculating both chargeable gains and income profits, the TTP is determined by aggregating them for corporation tax purposes.

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22
Q

How are income receipts and capital receipts treated for corporation tax purposes?

A

Income receipts and capital receipts are subject to different tax rules:

Income Receipts: Arise through everyday trading activities. Income receipts are chargeable when derived from business or trading activities, provided they are not exempt (e.g., rental income, trading income, interest, and dividend income).

Capital Receipts: Stem from one-off transactions, like the sale of a capital asset.

Both types of receipts are taxable, but dividend income is generally exempt from corporation tax, as dividends paid to UK companies are usually exempt unless anti-avoidance provisions apply. The exemption is based on the fact that dividends represent profits that have already been taxed at the corporate level.

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23
Q

What constitutes a company’s income, and what is meant by a dividend in respect of corporation tax?

A

The most common types of company income are:
* Rental income;
* Trading income;
* Interest (usually from bank savings accounts); and
* Dividend income.

Dividends:
* Dividends paid to UK companies are subject to corporation tax unless the dividend falls within one of a number of exemptions. However, the exemptions are very broad and the general effect of the rules is that all dividends are exempt from corporation tax unless certain anti-avoidance provisions apply.

  • Dividend income received by a company is therefore generally exempt from corporation tax and is therefore not included in that company’s TTP for tax purposes.
  • A company pays a dividend out of profits that have already been taxed so the tax already paid satisfies the recipient company’s tax liability in respect of the dividend.
  • For the same reason, the dividend is not tax deductible for the company paying it.
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24
Q

What is classed as tax deductible expenditure for income purposes in corporation tax?

A

Tax deductible expenditure: Expenditure by a company that the company is permitted to deduct from its income receipts, thereby reducing its overall tax bill.

To be deductible for tax purposes the expenditure must:

Be ‘…wholly and exclusively’ incurred for the purposes of the trade – eg expenditure which is partially by way of gift will not be deductible but if expenditure was needed to produce an item for sale, such as raw materials, it would be;
- Not be prohibited by statute – eg business entertainment expenditure (i.e. money spent by a company entertaining its clients) and provisions made in accounts for doubtful debts as they are not yet bad debts that have been written off; and
- Be of an income nature with an element of recurrence – eg rent, interest paid, wages, repairs.

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25
Q

How is the interest paid on business loans treated for corporation tax purposes?

A

Interest paid on business loans will generally be a deductible income expense ie a company can deduct the amount of the interest it has paid from its profits to reduce the TTP and thereby reduce the overall tax bill.

Where a company (or group of companies) has more than £2 million of net interest expense in the UK any year, the amount of interest a company may deduct is restricted to, broadly, a maximum amount equal to 30% of its income receipts. This is known as the corporate interest restriction, or CIR.

26
Q

What are capital allowances, and how do they function as a form of tax relief on capital expenditure?

A

Capital expenditure is generally only deductible from capital receipts and not for calculating income profits.

Depreciation, as an accounting concept, is not allowable as a tax deduction.

To allow businesses to spread the cost of certain capital assets over time, capital allowances are provided, acting as a deduction against income receipts.

Despite capital allowances relating to capital expenditure, they are treated as a deduction for income purposes when calculating income profits, thereby functioning as tax relief on qualifying expenditure.

Qualifying expenditure includes items such as plant and machinery.

Additional capital allowances apply to specialised categories, e.g., long-life assets, research and development expenditure, and specific construction and renovation costs of commercial buildings.

Capital allowances are available to individuals, partnerships carrying on a trade, and companies.

27
Q

How is the main rate capital allowance calculated for plant and machinery, and what is the significance of the tax written down value (TWDV)?

A

Companies can deduct 18% of the value of plant and machinery (P&M) from their income each year on a ‘reducing balance’ basis.

Each year, when a capital allowance is claimed:
- The value of the P&M is reduced by 18%, creating the ‘tax written down value’ (TWDV).
- The TWDV is the adjusted value used to calculate the following year’s capital allowance.

Example:
- If the TWDV of P&M is £100,000, the capital allowance for that year will be 18% of £100,000 (£18,000).
- The new TWDV for the next year will be £82,000 (£100,000 - £18,000).
- For the next year, the capital allowance will be 18% of £82,000, which is £14,760.

28
Q

How does the Annual Investment Allowance (AIA) work for capital expenditure on plant and machinery, including how additional capital allowances apply to excess expenditure?

A

Annual Investment Allowance (AIA): Allows companies and unincorporated businesses to deduct 100% of expenditure on new, used, and refurbished plant and machinery (P&M) up to a specified amount.

Current AIA Limit: £1 million for qualifying purchases per year.

Excess Expenditure: For
amounts exceeding £1 million, the company can claim 18% of the balance above the AIA limit.
After the first year, the allowance on remaining value reverts to 18% on a reducing balance basis.

29
Q

X Ltd spends £1,400,000 on plant and machinery in its accounting period ended 31 December 2024.

It claims its full capital allowances for that year and the next year, as an income deduction.

What is the tax written down value of the plant and machinery after the second year?

A

Year 1 - Allowance Claimed:
- Annual investment allowance = £1,000,000 + 18% of reducing balance = £400,000
- (18% x (£1,400,000-£1,000,000)). This comes to £72,000.
- Total year 1 allowance = £1,072,000

TWDV
- £328,000
- (cost of £1,400,000 – Total year 1 allowance of £1,072,000)
- (The company can claim (i) full AIA of £1 million plus (ii) the normal 18% allowance on the balance of the expenditure).

Year 2 - Allowance Claimed:
- 18% of Year 1 WDV = £328,000
- (18% x £328,000). This comes to £59,040.

TWDV
- £268,960
- (Year 1 TWDV of £328,000 – Year 2 allowance of £59,040)
- The company can claim the normal 18% allowance on the tax written down value of the asset at the end of Year 1.

30
Q

XYZ Ltd, a manufacturer of scientific equipment, intends to update its production line facilities this year and will shortly pay £345,000 to a supplier of used machine tools.

XYZ Ltd has asked you to advise on how capital allowances can apply in calculating its tax liability in coming years. XYZ Ltd has already used the whole of its annual investment allowance for this year. Its accounting year matches the financial year (1 April - 31 March).

Taking the current financial year as “Year 1”, and assuming that the applicable rates remain the same, which of the following figures is the capital allowance available to XYZ in Year 3?

A

£41,756

The calculation works out as follows:

Year 1 Writing Down/Capital Allowance (WDA/CA) = (18% x £345,000) = £62,100 Written Down Value (WDV) = (£345,000 - £62,100) = £282,900

Year 2 WDA / CA = (18% x £282,900) = £50,922 WDV = (£282,900 - £50,922) = £231,978

Year 3 WDA / CA = (18% x £231,978) = £41,756 WDV = (£231,978 - £41,756) = £190,222

31
Q

How does the Full Expensing capital allowance introduced from April 2023 benefit companies regarding new and unused plant and machinery expenditure?

A

Introduction: From 1 April 2023 until 31 March 2026, the government introduced a capital allowance specifically for companies, allowing them to deduct 100% of the cost of new and unused plant and machinery from their taxable profits.

No Cap: There is no limit on the amount that companies can deduct under this allowance.

First-Year Allowance: Full Expensing is a first-year allowance, meaning that a company must claim this deduction in the same period in which the expenditure on the plant and machinery is incurred.

32
Q

What was the Super-deduction allowance, and how did it operate for qualifying plant and machinery expenditure from 2021 to 2023?

A

Purpose: In response to the Covid-19 pandemic, the government introduced the Super-deduction allowance to boost business investment by providing companies with 130% first-year relief on qualifying expenditure.

Period of Application: Applied to expenditure incurred from 1 April 2021 until 31 March 2023.

Exclusions: The Super-deduction did not apply to second-hand, used, or leased assets.

Qualifying Assets: The Super-deduction included expenditure on various assets, such as:
- Fire and security systems, sanitaryware, carpets, computers and servers, industrial machinery like tractors, lorries, and vans, tools such as ladders, drills, cranes, as well as office desks and furniture, refrigeration units, and electric vehicle charging points.

No Expenditure Limit: Unlike the Annual Investment Allowance (AIA), there was no expenditure limit for the Super-deduction.

Example: If B Ltd spent £2,000,000 on qualifying plant and machinery in its accounting period ended 31 March 2023, it could claim 130% relief on this expenditure. This would allow B Ltd to deduct £2,600,000 when calculating its taxable profits for Year 1.

33
Q

How does a company calculate its chargeable gains?

A

Sale proceeds less:

  • (Allowable expenditure)
  • (Indexation allowance)
  • (Capital/trading losses)

Sale Proceeds: Sale proceeds arise where a company sells a capital asset, for example, a piece of land or some machinery.

34
Q

What are the general rules and primary differences in allowable expenditure on chargeable gains for companies compared to individuals?

A

General Rules:
For both companies and individuals, allowable expenditure on chargeable disposals includes:
- Initial expenditure on the asset.
- Subsequent expenditure, such as costs of defending title and enhancement expenditure.
- Costs of disposal, which can be deducted when calculating the chargeable gain.

Primary Differences for Companies:
- No Annual Exemption: Companies do not receive an annual exemption on chargeable gains, unlike individuals.
- Indexation Allowance: Companies can claim an indexation allowance to adjust for inflation, but it is frozen as of 31 December 2017.

35
Q

How does the Substantial Shareholding Exemption (SSE) and other reliefs differ for companies compared to individuals?

A

Substantial Shareholding Exemption (SSE): Companies may exempt the entire chargeable gain from corporation tax when disposing of shares in:

A trading company, or

The holding company of a trading group, provided that:
- The disposing company has held at least 10% of the ordinary share capital of the company being disposed of.
- This holding must have been maintained for at least 12 consecutive months within the last six years.

Note: The SSE is unavailable for individual sellers.

Additional Reliefs:
- Companies cannot claim Business Asset Disposal Relief or Investors’ Relief on chargeable gains, which are available to individual sellers.
- Loss Offsetting: Companies can also offset trading and capital losses against gains to reduce corporation tax liability.

36
Q

In what situations is Rollover Relief for replacement of business assets available?

A

Rollover Relief is a tax deferral mechanism available to individuals or companies to defer tax on gains from a disposed asset when another qualifying asset is bought. It applies in the following situations:

Companies: When a company disposes of a qualifying business asset and either the same company or another company in its group buys a replacement asset.

Sole Traders and Partnerships: When a sole trader or partnership disposes of a qualifying business asset and buys another qualifying asset.

Individuals (other than sole traders): When an individual who owns a business asset sells it and buys another qualifying asset, provided both assets are used by either:
- A company that is the individual’s personal company; or
- A partnership of which the individual is a partner.

Asset Flexibility: The replacement asset does not need to be the same type as the asset disposed of.

37
Q

What is the general effect of Rollover Relief for replacement of business assets?

A

The general effect of Rollover Relief allows for a tax deferral by rolling the gain from a disposed asset into the acquisition cost of a qualifying replacement asset:

Deferred Gain: The gain from the sale of a qualifying asset is ‘rolled’ into the acquisition cost of the replacement asset, reducing the acquisition cost by the amount of the rolled-over gain.

Postponed Tax Liability: Tax on the gain is deferred until the replacement asset is sold, assuming no further qualifying replacement assets are acquired.

Indefinite Rollovers: Gains can potentially be rolled over indefinitely, provided that qualifying replacement assets are bought within the applicable time limits.

38
Q

Which assets qualify for Rollover Relief?

A

Only certain types of assets qualify for Rollover Relief. Examples of these qualifying assets include:
- Land and buildings
- Goodwill
- Fixed plant and machinery
- Ships and hovercraft
- Aircraft
- Lloyd’s syndicate capacity

39
Q

What are the timing requirements for purchasing a replacement asset to qualify for roll-over relief?

A

Timing Requirement: The replacement asset must be purchased within 12 months before or up to three years after the sale of the original asset to qualify for Rollover Relief.

Example Calculation:
- Sale proceeds of qualifying asset (e.g., aircraft): £200,000
- Less acquisition cost: £100,000
- Less indexation allowance: £20,000
- Chargeable gain before Rollover Relief: £80,000
- Price of replacement asset (e.g., spacecraft): £250,000
- Less gain to be rolled over: £80,000
- New tax base cost of spacecraft: £170,000

40
Q

How is Rollover Relief affected if not all proceeds from the original asset’s sale are reinvested, and when might Rollover Relief be unavailable?

A

If not all sale proceeds of the original asset are used to acquire a new asset, Rollover Relief can be restricted:
- The chargeable gain is reduced by £1 for every £1 of sale proceeds not reinvested.
- Only the remaining amount of the gain can be rolled over.

Example Calculation (Partial Reinvestment):
- Sale proceeds of qualifying asset (e.g., aircraft): £200,000
- Less acquisition cost: £100,000
- Less indexation allowance: £20,000
- Chargeable gain before Rollover Relief: £80,000
- Price of replacement asset (e.g., land): £180,000
- Adjusted gain to be rolled over: £60,000
- New tax base cost of land: £120,000

41
Q

What happens if the difference between the sale proceeds and the replacement asset’s cost exceeds the gain amount for roll-over relief?

A

Cases with No Relief: If the difference between the sale proceeds and the replacement asset’s cost exceeds the gain amount, no Rollover Relief claim can be made.

Example Calculation (No Relief Available):
- Sale proceeds of original asset: £200,000
- Less acquisition cost: £100,000
- Less indexation allowance: £20,000
- Chargeable gain: £80,000
- Price of new qualifying asset: £110,000
- Since the sale proceeds (£200,000) exceed the new asset cost (£110,000) by £90,000, which is greater than the gain of £80,000, no Rollover Relief can be claimed.

42
Q

How does ‘straddling’ affect corporation tax calculations when a company’s accounting year does not match the financial year, especially if tax rates differ?

A

Straddling’ occurs when a company’s accounting period does not align with a financial year (FY), impacting corporation tax calculations if FY tax rates differ. Key points include:
- The Total Taxable Profits (TTP) of the accounting period are divided between FYs, with the relevant portions taxed at each applicable rate.
- For instance, before recent rate increases, the flat Corporation Tax rate was 19%, but if a tax rate change occurs mid-period, TTP must be calculated at each rate.

Example:

Company X’s accounting period is 1 January to 31 December 2023, straddling FY 2022/23 (ending 31 March 2023) and FY 2023/24.

This period splits into:
- 3 months (90 days) in FY 2022/23 (1 Jan to 31 Mar 2023)
- 9 months (275 days) in FY 2023/24 (1 Apr to 31 Dec 2023)

Calculations are daily, so adjustments account for days, noting leap years with 29 days in February.

Financial Years (FY):
- FY 1: 1 April 2022 - 31 March 2023 (covers 3 months/90 days of Company X’s Accounting Year)
- FY 2: 1 April 2023 - 31 March 2024 (covers 9 months/275 days of Company X’s Accounting Year)

43
Q

How can trading losses be set off against profits in the current and previous years?

A

Trading losses, where tax-deductible expenditure exceeds income receipts for a specific period, can be set off against profits in several ways:

Current Year Profits: Losses can be set against all profits (income and chargeable gains) of the same accounting year. A claim must be made within two years after the end of the period in which the loss occurred.

Previous Year Profits: If unused in the current year, losses can be carried back against taxable profits (income and chargeable gains) from the previous year, provided the company was carrying on the same trade in both years. This claim must also be made within two years after the end of the accounting period in which the loss arose.

If a company ceases trading, losses from the final 12 months can be carried back against profits from the three years before the last 12 months of trading.

44
Q

How can trading losses be set off against future profits and within a group structure?

A

Trading losses not used in the current or previous years can be utilised in the following ways:

Future Trading Profits: Unused losses are automatically carried forward to offset all future taxable profits (both income and chargeable gains). The company must continue the same trade to use these losses.
- Carried-forward losses can offset up to £5 million of taxable profits per period under the ‘Deductions Allowance’, unless this has been allocated to capital losses.
- For profits exceeding £5 million, the loss relief is restricted to 50% of unrelieved profits. For companies in a group, the Deductions Allowance applies to the group as a whole.
- Companies must tactically allocate the Deductions Allowance between trading and capital losses within an accounting period.

Group Relief: In a group relief group, a company with trading losses can surrender those losses to another profitable group company, reducing or eliminating the latter’s profits.

45
Q

What are the anti-avoidance rules regarding the carry forward or carry back of trading losses after the sale of a company?

A

Anti-avoidance rules prevent trading losses from being carried forward or back in the following situation:
- If a company is sold to a new owner and the nature of the trade has substantially changed within five years after the sale, the trading losses cannot be utilised.
- These rules were introduced to prevent buyers from acquiring loss-making companies solely to benefit from their losses.

46
Q

What temporary measures did the Government implement regarding the carry back of trading losses for companies affected by the pandemic?

A

As a temporary measure to assist those companies who had suffered losses due to the pandemic, the Government temporarily extended the period over which the companies could carry back losses.

Trading losses incurred in accounting periods ending between 1 April 2020 and 31 March 2022 could be carried back as follows:
- One year without a cap (the same as under current rules).
- A further two years, but against more recent years first, and subject to the following caps:
- A cap of £2,000,000 of losses arising in accounting periods ending in the 1 April 2020 to 31 March 2021 period.
- A separate cap of £2,000,000 of losses arising in accounting periods ending in the 1 April 2021 to 31 March 2022 period.

47
Q

What are the general rules regarding the deductibility of capital losses and their offset against capital gains?

A

Capital losses can only generally be set off against capital gains (also called chargeable gains). The rules regarding capital losses include:
- Capital losses can be set off against capital gains in the current year but cannot generally be carried back to a previous year.
- If there are still unused capital losses in the current year, they can be carried forward to offset against any capital gains in future accounting periods.

48
Q

How can carried forward capital losses be utilised and what are the limitations in relation to the Deductions Allowance?

A

The company may use carried forward capital losses against capital gains up to the available Deductions Allowance in the relevant accounting period, provided that the Deductions Allowance has not already been used for setting off carried forward trading losses against trading profits in that same period.

If the company has unrelieved capital gains exceeding the available Deductions Allowance for the period, carried forward capital losses may relieve a maximum of 50% of the unrelieved gains.

Capital losses can be carried forward indefinitely within the company that incurred them, but a claim must be made to HMRC within four years from the end of the accounting period in which the loss arose in order to crystallise the loss.

49
Q

What is the procedure for companies with a tax payment threshold (TTP) of £1,500,000 or less regarding corporation tax self-assessment?

A

For companies with a TTP of £1,500,000 or less, the procedure for corporation tax self-assessment includes:
- The company estimates its tax liability and pays HMRC within 9 months and one day of the end of the accounting period.
- The company must file (electronically) a tax return within 12 months of the end of the accounting period to which it relates, along with its accounts, detailing how it has calculated its tax liability.
- Unless HMRC examines or makes enquiries into the tax return to verify the correct tax has been paid, the company’s tax computation will usually be regarded as finalised 12 months after the filing date for the tax return.
- Interest will accrue on any under or over-payments.

50
Q

What is the procedure for companies with a TTP of more than £1,500,000 regarding their corporation tax payments?

A

For companies with a TTP of more than £1,500,000, the procedure includes:

Companies are required to pay their tax bills in four installments over the course of the relevant accounting period and the next one.

51
Q

In the financial year a company has trading receipts of £2,212,500 and deductible expenditure of £596,000. It also disposes of a chargeable asset, making a chargeable gain of £610,000. The company has expenditure qualifying for the full annual investment allowance of £1,000,000 during the year and is entitled to additional capital allowances of £12,600.

What is the company’s corporation tax liability for that financial year (rounding down your calculation to the nearest pound)?

A

£303,475

The calculation is:

The company’s TTP is made up of its trading income and chargeable gain:
- Trading receipts: £2,212,500
- Less deductible expenditure: (£596,000)
- Less AIA (£1,000,000)
- Less CA (£12,600)
- Plus Chargeable Gain £610,000

TTP = £1,213,900
@25% = £303,475

52
Q

During its last financial year, ABC Ltd purchased freehold office premises at a cost of £160,000. In order to do this, it took out a loan, on which it paid interest of £10,500 during the year.

The premises were refitted a few years ago, but the décor is fairly traditional so ABC Ltd had the existing fittings ripped out and improvements made to bring the décor into line with ABC’s modern image, at a cost of £14,000.

Whilst the improvements were being made, ABC Ltd rented temporary premises on a short-term lease, paying £35,000 in rent. In the rented premises, there was little space for client entertainment so ABC Ltd took some of the company’s clients out to races, hiring a box and paying for a top-notch caterer to provide canapés and champagne, at a total cost of £8,000.

ABC Ltd had trading receipts of £555,000 in the relevant financial year and other deductible expenditure in the sum of £105,000. It made no disposals of chargeable assets during the year.

What is ABC Ltd’s TTP for the year?

A

£404,500

The calculation is as follows:

The company’s TTP is made up of its trading income:
- Trading receipts: £555,000
- Less deductible expenditure: (£105,000+10,500+35,000= £150,500)

TTP = £404,500 (555,000-150,500)

53
Q

Provide a summary of the introduction to corporation tax

A
  • Corporation tax is charged on ‘Taxable Total Profits’. ‘Profits’ in this context means income profits and chargeable gains.
  • Deductible expenditure can reduce income profits if it is incurred wholly and exclusively for the purposes of the trade, is not prohibited by statute and is of an income nature.
  • Capital allowances can reduce income receipts.
  • Allowable expenditure (such as the original cost of an asset or any allowable subsequent expenditure on it) can reduce chargeable gains.
  • Rollover relief on replacement of business assets defers any tax due on the disposal of a qualifying asset by rolling the gain into and thereby reducing the base cost of the replacement asset.
  • Dividends received by companies are exempt from corporation tax and is therefore not included in that company’s TTP for tax purposes.
  • Losses can be used to reduce a company’s tax liability.
54
Q

Whare are ‘close’ companies?

A

Companies which are ‘close’ companies (broadly, small companies), are subject to special tax treatment. The close company regime is an example of anti-avoidance legislation.

The close company tax regime is an example of anti-avoidance legislation as it prevents or discourages taxpayers from exploiting some of the tax benefits of incorporation.

There are various special tax rules applicable to close companies. The most important of these are as contained in this element.

55
Q

When will a company be a ‘close’ company by definition?

A

A company will be a close company if it is under the control of:
- Five or fewer participators; or
- Any number of participators who are also directors.

A ‘Participator’ is a person having a share or interest in capital or income of the company, for example, shareholders and some creditors.

Control’ means the ability to exercise control over the company’s affairs, normally by voting rights, or the possession of or entitlement to:

  • Issued share capital allowing the greater part (ie more than 50%) of income of the company if distributed; or
  • The greater part of assets of the company on winding up.
56
Q

What are the exclusions from the definition of a ‘close’ company?

A

There are some exclusions from the definition, eg a company will not be a close company if:
- Its shares are quoted on a recognised stock exchange; or
- It is controlled by one or more non-close companies, and it could only be a close company by treating a non-close company as one of the five or fewer participators having control.

Therefore, for example, a company which is a wholly-owned subsidiary of a non-close company will not be subject to the close company tax regime.

In assessing a person’s ‘control’, rights and entitlements of that person’s ‘nominees’, ‘associates’ and companies controlled by the individual need to be considered.

Associate’ means any close relative, ie spouse, parent (or remoter forebear), child (or remoter issue), brother or sister.

Nominee’ means a person owning property on behalf of another.

57
Q

What are the taxation effects of loans to participators in close companies, including the conditions for exemptions and the tax implications for both the company and the recipient participator?

A

Loans: All advances of credit are caught, except for:
- A loan in the form of credit for goods or services supplied in the normal course of business, where the duration does not exceed six months or the company’s normal limit.
- A loan made in the ordinary course of a company’s business, including money lending.
- A loan to a borrower which, together with other outstanding loans, does not exceed £15,000 in total, provided the borrower works full time for the company and does not have a ‘material interest’ in the close company.

Material Interest’: This means indirect control of more than 5% of the ordinary share capital or entitlement on winding up of more than 5% of the assets available.

58
Q

What are the corporation tax obligations for a company regarding loans to participators, and what are the income tax implications for the recipient participator when the loan is written off, waived, or repaid?

A

Tax Effect for the Company:
- The company must pay corporation tax to HMRC on the loan amount, calculated at the rate of income tax payable on dividends by higher rate taxpayers.
- The tax must be paid within nine months and one day after the accounting period in which the loan is made.
- A refund can be claimed if the loan is repaid, satisfied, written off, or waived.

Tax Effect for the Recipient Participator:
- If the loan is written off or waived, the participator is deemed to receive a dividend for income tax purposes equal to the amount written off/waived.
- There is no tax effect if the loan is repaid in full.

59
Q

What does the term ‘distribution’ mean in the context of close companies, and what types of benefits are included under this definition?

A

The term ‘distribution’ has an extended meaning for close companies.

It includes living accommodation and other benefits in kind provided (ie distributed) to participators (but not where such benefits are provided by reason of employment).

60
Q

What are the inheritance tax implications for close companies regarding transfers of value, and what anti-avoidance measures are in place?

A

As only individuals pay IHT, it is possible to form a company and make a transfer through that company.

There is anti-avoidance legislation, which means that a transfer of value by a close company results in the value of the gift being apportioned between its shareholders.

61
Q

What are the Transactions in Securities rules and their implications for close companies in terms of tax advantages and potential HMRC clearance?

A

The Transactions in Securities rules may apply to transactions involving a close company if:
- The transaction gives any person a tax advantage by converting a receipt, which would have been treated as income for tax purposes, into a capital receipt.

For example: If a close company with substantial distributable profits chooses to wind up and distribute those profits as a capital payment instead of passing them to shareholders as a dividend (which is taxed as income), the Transactions in Securities rules may apply to counteract this tax advantage.

It may be advisable to apply to HMRC for advance clearance on transactions that might fall under these rules:
- Clearance confirms that HMRC is satisfied the provisions do not apply to the transaction.

Specialist tax advisers should assess whether seeking clearance is advisable for a specific transaction.

62
Q

Provide a summary of the introduction to close companies.

A

Companies which are ‘close’ companies are subject to special tax treatment.

The close company tax regime is an example of anti-avoidance legislation as it prevents or discourages taxpayers from exploiting some of the tax benefits of incorporation.

Close companies are generally speaking smaller companies.

A company will be a close company if it is under the control of:
- Five or fewer participators; or
- Any number of participators who are also directors.

There are tax effects on the company and the borrower if a close company lends money to a participant.