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HMRC to investigate fraudulent COVID-19 claims

HMRC has shot yet another salvo across the bows of employers claiming grants under the government’s Coronavirus Job Retention Scheme (CJRS), by announcing an increase in the number of reports it has received regarding potentially fraudulent claims. Apparently, at the date of this piece, the new number is 1,868 up by 1,073 from the original number announced on 12 May 2020.

A word to the wise: the fact that HMRC has made two announcements in less than four weeks on the number of reports received is indicative of a potential launch of investigations into to the receipt of CJRS grants by some employers. The problem with this lies with the potential for making of anonymous reports by disgruntled employees whose actions could cause unnecessary interventions by HMRC with costs being incurred either by way of disruption to business or the cost of engaging profession representation.

HMRC has advised that whilst it is currently reviewing the information received before taking any action, it will continue to encourage employees to report perceived abuses of the scheme via it’s portal on the.GOV website. Examples of abuse include where an employer claims a grant but does not pay this to the employee(s). using the grant to fund a redundancy payment, making employees work whilst on furlough or asking them to work while on furlough.

  • Naming fraudulent companies and directors.
  • Requesting repayment of monies claimed and possible penalties
  • Criminal investigation and prosecution under the Fraud Act 2006

As anyone who has had dealings with HMRC’s investigation officers, just proving your innocence can be a challenge once an enquiry has commenced, so do not hesitate to seek professional assistance if required.

New Advisory fuel rates apply from June

HMRC has announced new fuel rates for company cars. They apply to all journeys on or after 1 June 2020, until further notice. For one month from the date of the change, employers may use either the previous or new rates.

The new rates are;

Engine size                                        Petrol                   LPG

1,400cc or less                                 10p                      6p

1,400cc to 2,000cc                          12p                     8p

Over 2,000cc                                    17p                    11p

Engine size                                                            Diesel

1,600cc or less                                                          8p

1,600cc to 2,000cc                                                   9p

Over 2,000cc                                                             12p

Taxation of coronavirus support payments

The following update is for those employers who are not clear on the status of the receipt from HMRC of grants in respect of the furlough of employees during the lockdown. These payments are made under the Coronavirus Job Retention Scheme (CJRS), the Self Employment Income Support Scheme (SEISS) and other business supporting schemes.

For the avoidance of doubt, the grants are taxable. They will be treated as the receipt of income by the business which for a limited company will be subject to Corporation Tax and if paid to a sole trader, partnership or Limited Liability Partnership (LLP) will be taxed as income on the individual sole trader, partners and LLP members as profits from trading activities.

For further information on the tax implications of the receipt of COVID-19 support, see:

A word of caution: the legislation give HMRC powers to recover payments to recipients where these was no entitlement to either SEISS or the CJRS schemes or when an employer fails to use a grant to pay employees, makes pension contributions, or pay PAYE or National Insurance contributions. These powers will include the raising by HMRC of income tax assessments or requiring taxpayers to submit a self-assessment tax return declaring the sum of the grants received. HMRC will also have the power to levy a penalty charge in cases where deliberate non-compliance is established.

For further information on the tax implications of the receipt of COVID-19 support, see:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/888810/Taxation_of_coronavirus_support_payments_-_draft_new_clause.pdf

https://www.gov.uk/government/consultations/draft-legislation-taxation-of-coronavirus-covid-19-support-payments

HMRC: Clarification on tax rules with regards to the lockdown and company car taxation

To resolve a number of burning on the subject of the taxation of an employee’s company car during the period of the lockdown, HMRC has finally clarified its position with regards to the impact of ‘availability’ and the issues surrounding salary sacrifice scheme.The article should prove to be useful guidance for both employer and employee on the potential for mitigating the Class 1A NICs for the employer and the #benefitinkind tax charge for employees.

Working from Home (Part 2): HMRC Announces lockdown changes to tax rules on expenses for home workers

A follow up to my recent post; for those technically inclined, here is a link to the Chartered Institute of Taxation’s summary of the new, albeit temporary tax rules on claiming expenses for employees working from home during the coronavirus pandemic lockdown:  https://www.tax.org.uk/policy-technical/technical-news/new-exemption-covid-19-related-reimbursed-home-office-expenses

Tax Litigation: Use of Mediation in HMRC disputes encouraged

A good read about using Alternative Dispute Resolution as a viable option to litigating disputes with HMRC.

The important thing to note is that whilst mediation is currently optional, this route may be come a necessary one in line with the ongoing streamlining of tax tribunal cases – and its cost effectiveness when compared the cost of a full hearing before a tax judge.

https://www.accountancydaily.co/use-mediation-speed-tax-disputes-hmrc