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Self-Employed Granted Furlough Extension

Written by admin on . Posted in Budget, COVID-19, Self-Employed, Tax. No Comments on Self-Employed Granted Furlough Extension

Two further grants under the SEISS were announced in September and have now been updated.

Following the announcement last week, of a second lockdown, the government’s new package of support measures announced in the Chancellor’s Winter Economy Plan has been reworked, including an increase to the self-employed income support scheme (SEISS).

The extension covers a six-month period divided into two additional grants. The level of the upcoming third grant has now been increased from its initial 40% to 55% of average monthly profits. Applications for the third grant covering the three months from November 2020 to January 2021 will open on 30 November and will be capped at a maximum of £5,160, paid in a single instalment.

The fourth grant will cover the three months from February to April 2021, however, no further details have been released as yet.

Eligibility

To be eligible for the third grant you must have been eligible for the previous two (even if they were not actually claimed), so this excludes anyone with:

  • average annual profits exceeding £50,000; or
  • self-employed income that makes up less than 50% of total income.

In addition, you will have to declare that you intend to continue trading and are either currently actively trading, but are impacted by reduced demand due to Covid-19, or were previously trading but are now temporarily unable to do so due to Covid-19. The requirements to be actively trading and to be impacted by reduced demand are new and might indicate that HMRC is tightening up the rules.

The first two grants were based on average profits for the tax years 2016/17, 2017/18 and 2018/19. At this point, there is no indication if HMRC will allow profits for 2019/20 to be taken into consideration.

The Chancellor’s latest round of grants have faced widespread criticism offering less support than that available for employees who cannot work due to Covid-19, and, even with the increased level of 55%, the third grant is still less than 70% of the amount paid under the first grant.

If you need help with any support grants, please get in touch.

Photo by Markus Winkler on Unsplash                     

Winter Blues: Furlough Scheme Version 2.0

Written by admin on . Posted in COVID-19, Employment Law, Tax. No Comments on Winter Blues: Furlough Scheme Version 2.0

With the announcement of another national lockdown, the furlough scheme has been extended for a further month from 1 November until 2 December.

The extension of financial support under the Coronavirus Job Retention Scheme (CJRS) is the same as that given for August, with employees receiving 80% of their salary for hours not worked, capped at £2,500 per month. Employers have to cover National Insurance contributions (NICs) and workplace pension costs.

Two new job support schemes (JSS Closed and JSS Open) set out in the Chancellor’s Winter Economy Plan will now not take effect until the furlough scheme ends.

Differences

One important difference from the previous furlough scheme is that claims can be made for employees notified to HMRC with an RTI submission by 30 October. Otherwise, the extension is similar to the old scheme:

  • Employees recently made redundant can be rehired and furloughed if they were employed up to 23 September.
  • Businesses will be paid upfront to cover their salary costs.
  • Flexible furloughing is allowed, with the employer paying as normal for hours worked. For hours not worked, the employer can make up the employee’s full pay if they wish.
  • Employees can be on any type of contract.
  • Hours not worked will be calculated by reference to the usual hours worked by the employee.
  • The employer’s furlough claim must be for a minimum period of seven consecutive days.
  • Neither the employer nor the employee needs to have previously used the furlough scheme prior to 1 November.

When will the extension end?

There are conflicting reports of whether the lockdown will end, as planned, on 2 December, or whether it will be extended if the infection rate has not fallen sufficiently. Presumably, the furlough scheme will be extended in line with any lockdown extension, although the government is not making any promises.

There should, however, be no gap in eligibility for support between the furlough scheme ending and the new JSSs being introduced.

If you need help in assessing your situation, please let us know.

Photo by Aaron Burden on Unsplash

 

What Now, Autumn Budget?

Written by admin on . Posted in Budget, Business Rates, Capital Gains Tax, COVID-19, Tax. No Comments on What Now, Autumn Budget?

So, the Autumn Budget has been pushed into spring 2021, with tax rises on the cards. What should we expect in the Spring Budget?

With intense speculation around tax rises to pay for the raft of Covid-19 support measures, the first serious clue to a possible Autumn Budget delay emerged on 8 September, when the Office of Tax Simplification (OTS) slipped out a statement about its review of capital gains tax (CGT), which had been commissioned by the Chancellor in July. The statement announced the response deadline on the technical part of the OTS consultation would be deferred by four weeks, to 9 November. This was a surprising move as the OTS CGT report was expected to feed into the Autumn Budget.

Soon after, the Chancellor himself issued a brief written statement saying he had asked the Office for Budget Responsibility (OBR) to prepare an economic and fiscal forecast ‘to be published in mid-to-late November’. The vagueness surrounding the timing was evident, as the OBR report is produced alongside the Budget and incorporates costings for Budget measures.

What had started to look inevitable was confirmed on 24 September when the Treasury cancelled the Autumn Budget. The Chancellor will still have a set piece event towards the end of the year; not only is there the OBR report to present, but Mr Sunak must also publish a Spending Review. The latter was also a victim of the general election and ought to have been produced a year ago to cover the three years from April 2020. Instead, the then Chancellor published a one-year Spending Round. Given the pandemic uncertainties, it is likely that Mr Sunak will take a similar short-term view, rather than introduce a multi-year plan.

The postponement of the Autumn Budget does not mean the spectre of tax increases has also evaporated. The level of government borrowing (£174 billion in the first five months of 2020/21) makes tax rises virtually inevitable. However, the Chancellor has afforded you more time to plan and take action in areas such as CGT and pension contributions.

Any thoughts?

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Covid related VAT reduction extended to 31 March 2020

Written by admin on . Posted in Budget, COVID-19, Tax. No Comments on Covid related VAT reduction extended to 31 March 2020

The temporary reduced standard VAT rate of 5% for the tourism and hospitality sector was due to end on 12 January 2021, but has now been extended to 31 March 2021.

You don’t get that many gifts from HM Government, so it’s worth repeating something you’ve no doubt already heard recently ie that with Covid-19 restrictions continuing for the foreseeable future, this winter is likely to be quite challenging for many tourism and hospitality businesses, so the extension will be welcomed across the sector.

The current reduced rate applies to food and non-alcoholic drinks from restaurants, pubs, bars and cafes. Holiday accommodation and admission fees to tourist attractions are also included.

Businesses can choose to pass on the VAT reduction to customers and benefit from increased footfall or pocket the savings.

Flat rate scheme

Flat rate percentages have been correspondingly reduced and these will also continue through to 31 March 2021. For example, the rate for restaurants and takeaways has been cut from 12.5% to 4.5%. Given the reduced rates do not apply to alcohol sales, any decision on joining or leaving the flat rate scheme is currently quite complex. Professional advice is essential.

Some anomalies

  • A gin and tonic consists mainly of tonic, but the 20% standard rate still applies (the tonic being an incidental extra). On the other hand, VAT is apportioned for an offer combining food (5% rate) and a pint (20% rate).
  • Hot takeaway food benefits from the reduced rate, but not confectionery, crisps, and the like. However, they qualify if eaten on the supplier’s premises.
  • Off-premises catering is not included within the reduced rate as it is not on the supplier’s premises.

The use of the flat rate scheme eliminates these anomalies, as just the one rate is used across a business sector.

VAT deferral

The government has also introduced an interest-free payment window for any VAT payments deferred from 20 March to 30 June 2020. Instead of paying the full amount by March 2021, businesses will now be able to make 11 equal instalments over the 2021/22 financial year.

Full details of HMRC guidance can be found here.

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Chancellor Unveils Winter Economy Plan

Written by admin on . Posted in Budget, COVID-19, Employment Law, Tax. No Comments on Chancellor Unveils Winter Economy Plan

The latest pandemic support measures are much less generous than before.

Despite cancelling this year’s Autumn Budget, Rishi Sunak has still made an early autumn appearance before the House of Commons to announce his ‘Winter Economy Plan’. He announced new employment support and amendments to existing schemes.

Job Support Scheme (JSS)

The JSS is the next stage of the furlough scheme (strictly the Coronavirus Job Retention Scheme (CJRS)), which comes to an end on 31 October. The JSS, which will run until 30 April 2021, is aimed primarily at small and medium-sized employers and will only apply to employees who work at least one third of their normal hours. For the hours that are not worked, the government and the employer will each pay one third of lost pay. The net results in terms of employee income and employer costs are shown in the table.

Hours Worked

As

%

Normal Hours

 Employee Income Earned

 

% Full Pay

 Employer Non-working Contribution

 

% Full Pay

 Government Non-working Contribution*

   

% Full Pay

 Total Employee Income

 

% Full Pay

 Total Employer Outlay  

          

% Full Pay
25.00 25.00   0.00   0.00 25.00 25.00
33.33 33.33 22.22 22.22 77.77 55.55
50.00 50.00 16.67 16.67 83.34 66.67
75.00 75.00  8.33  8.33 91.66 83.33
      100.00    100.00 – –     100.00     100.00

*Capped at £697.92 per month.

Payments under the JSS will not affect an employer’s entitlement to the £1,000 Job Retention Bonus.

Self-Employed Income Support Scheme (SEISS)

The existing scheme has been restructured and extended to April 2021. Only those already eligible will be entitled to claim. The first grant, covering the three months to 31 January 2021, will cover 20% of average monthly trading profits and is capped at £1,875. The terms of the grant for the next three months will be set ‘in due course’.

Both the JSS and revised SEISS are considerably less generous than the existing CJRS and SEISS, which have so far (to 20 September) cost the Treasury over £52 billion. This cut to support is understandable from the government’s financial viewpoint, but it is also a reminder of the importance that your personal financial planning makes provision for an adequate cash reserve.

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HMRC targets employers over CJRS claims

Written by admin on . Posted in COVID-19, Employment Law, Law, Tax. No Comments on HMRC targets employers over CJRS claims

With reports of two-thirds of furloughed employees continuing to work during the Covid-19 lockdown, despite the initial prohibition of work as an explicit condition of furlough, it is no surprise that HMRC has already written to 3,000 employers it believes may need to repay some or all of the grant they have received under the Coronavirus Job Retention Scheme (CJRS).

Until 30 June, it was a condition of the scheme that furloughed employees cease all work in relation to their employment. Flexible furlough was brought in from 1 July, so HMRC are likely to only pursue the most blatant cases of employees continuing to work, such as where an employer instructed them to do so.

Incorrect claims

HMRC will also be concerned where an employer has:

  • Claimed more grant than they are entitled to, for example, where a claim is based on inflated wage figures.
  • Claimed the grant despite not meeting the conditions such as including ineligible employees.
  • Not passed the grant on as wages to the furloughed employees.

HMRC’s target is those who have deliberately defrauded the system. However, even if they believe no mistake has been made in their claims, any employer contacted by HMRC should respond to the enquiry.

Amnesty

An employer can repay any overpaid amount of CJRS grant without incurring a penalty provided HMRC is notified within 90 days of the later of:

  • 20th October 2020;
  • the date the grant was received, or
  • the date when circumstances changed so the employer is no longer entitled to keep the grant.

Failure to meet the deadlines could result in a minimum penalty of 30% of the grant improperly claimed, with a potential maximum penalty of 100%.

The overpaid amount may be recovered by HMRC making an assessment. Otherwise, the employer will be subject to a tax charge payable on the usual tax due dates for an individual or a company.

Latest HMRC guidance on eligibility for the furlough scheme can be found here.

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Defining ‘adversely affected’ for the self-employed

Written by admin on . Posted in COVID-19, Law, Self-Employed, Tax. No Comments on Defining ‘adversely affected’ for the self-employed

Many self-employed workers will have already claimed their second, and final, Self-Employment Income Support Scheme grant, but otherwise have until 19 October to do so. A key condition is that the business must have been ‘adversely affected’ by Covid-19 on or after 14 July 2020, and HMRC has provided guidance as to what this means.

Timing

Since applications will close on 19 October, the adverse effect must occur before then. However, if a business subsequently recovers, eligibility will not be affected.

Amount

There is no minimum threshold over which income or costs need to have changed, so just a small drop in income or an increase in costs will meet the ‘adversely affected’ requirement. Of course, the change must be Covid-19 related.

There are several ways in which Covid-19 could impact on income and costs. For example:

  • Not being able to work due to shielding, self-isolation, sickness or having caring responsibilities;
  • Having to scale down or stop trading due to supply chain interruptions, fewer customers or clients, staff being unable to work or having contracts cancelled; and
  • Additional costs incurred to buy protective equipment to meet social distancing rules.

A business is still classed as ‘adversely effected’ should contracts lost prior to 19 October be subsequently revived.

Records

You need to have records of how and when the business has been adversely affected. This should be fairly straightforward and will often just be a case of noting relevant dates when you were unable to work or trade or saving invoices for additional costs.

As regards income, retain any correspondence for cancelled work. A comparison to the same period for previous years may be needed if a business is open but has fewer customers.

The ‘adversely effected’ requirement will not be met if income has risen compared to last year, even if income would have been even higher if not for the Covid-19 pandemic.

Full details of HMRC guidance can be found here,

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Coping With Brown Envelope Syndrome

Written by admin on . Posted in COVID-19, Law, Tax, Uncategorized. No Comments on Coping With Brown Envelope Syndrome

It’s estimated roughly 100,000 people a year enter one form of formal personal insolvency or another and Covid-19 is likely to significantly increase this figure. This article is written in the hope that it may provide comfort to some and encourage others to avoid the potholes the content deals with.

Every so often a new client is referred to me for assistance with a challenge in dealing with debt owed to HMRC, and typically, I get the introduction when HMRC’s Debt Management team has stepped in to either collect the unpaid taxes or refer the matter for enforcement action which mostly means the matter has escalated to the point of threats of a statutory demand, bankruptcy proceedings or winding up petition.

There are usually, two main reasons why escalation kicks in: either HMRC is playing hard-ball and not giving the client time to settle the liability or more often than not; the client has suffered from what I like to call “Brown Envelop Syndrome” or BES for short. Not a new term, I’m sure. A quick search of googles reveals tons of articles on this subject; I’m probably not discussing anything new here, but I’ll continue anyway as this is a live and topical issue for many.

Some of you out there may no sympathy for BES sufferers whatsoever, after all, they earned (or in the case of PAYE and VAT, collected) the money and should (when due) pay what is owed. I don’t disagree with you on this but, having dealt with scores of ‘sufferers’, I can assure you this is a real (if not medically diagnosed) ailment – suffered by hundreds of thousands of individuals across the UK. And, like COVID-19, it has no respect for gender, race, religion, politics, football club or anything else we human beings use to differentiate ourselves from others.

The ailment starts with the receipt of, and you will not be surprised to hear this: the arrival of a brown envelope.

Approaching the floor mat with trepidation, then separating out the brown envelope(s): the former opened almost immediately, the latter either opened at a future date or in some instances, not at all. The problem with BES is that despite ignoring the content of the envelope, and wishing the problem will go away, the fact of the matter is credit card bills, HMRC demands, utility bills etc don’t go away because we ignore them. They only attract further demand, the accrual of interest, the arrival of debt collectors, or threats of county court judgements.

Back to my clients – sometimes an individual, often a company. Having finally opened the envelopes and read through the various correspondence from the creditor, I break the bad news to the client on the quantum of the debt owed, and this is then followed a conversation on how best to resolve the matter is had, after which I am engaged to correspond with the creditor to put in place a repayment arrangement, stop any enforcement action and provide my client with the peace of mind in knowing that the tax liability is not going to lead to a county court judgement, an adverse credit rating or insolvency (personal or commercial).

So, if you are a BES sufferer and have a pile of brown envelopes stashed away somewhere. Do not panic, and most importantly: do not ignore them. Set aside your dread and trepidation and go retrieve them, then give me a call on 01925 937 499, or email me at femi@lofusstowe.com or, if you’re really feeling brave; book an initial consultation with me at: https://calendly.com/femiogunshakin

 

Update on Coronavirus and my services

Written by admin on . Posted in COVID-19. No Comments on Update on Coronavirus and my services

The global COVID-19 pandemic may be with us for a while yet and as such, I would like to take the opportunity to assure my clients (and potential clients) that as my practice is cloud-based, there will be no disruption to my 0delivery of services to you.

My trusted practice management software and my cloud based systems mean I can work anytime, anyplace, anywhere.

Like you, I would prefer a physical meeting, however, that may not yet be possible. In the meantime, I am set up for video meetings via e Zoom, MicrosoftTeams, Skype, Google Meet or GoToWebinar.

If urgent advice is required, please click here and book a fixed fee consultation with me.

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