Category Archives: Income Tax News

Unlocking Your Savings: The Couple’s Guide to Tax-Saving

In the labyrinth of tax laws, there lies a lesser-known path that could lead couples to a yearly saving of up to £8,350. With the rise of interest rates, more people find themselves paying tax on their savings. However, by redirecting the flow of savings from the higher-earning partner to the lower-earning one, the tax bill can be significantly trimmed.

Discovering The Hidden Path

The art of switching savings between partners is a savvy method recommended by financial advisors. The Telegraph’s “switch your savings” calculator serves as a compass, helping couples determine the optimal amount of savings to transfer from the higher earner to the lesser earner. This manoeuvre could lead to one partner paying no tax at all on their savings interest, while considerably reducing the tax bill of the higher earner.

Why Now is The Right Time

Over the last decade, the low tide of savings rates at 0.1% rarely brought a tax bill ashore. But the rising tide of 5% interest rates has changed the landscape. Now, a higher-rate taxpayer with just £10,000 in savings might find themselves netted in the tax trap.

Uncovering Tax Exemptions

Those on a leaner income have a quiver of tax exemptions at their disposal which, when utilised wisely, can translate to hefty tax savings for a couple. Here’s a glimpse into these tax-saving arrows:

The ‘Starter Rate’ for Savings

If a partner earns below £17,570, they can draw upon a tax exemption for up to £5,000 of savings interest, named the Starter Rate for Savings. The size of this tax-free band is forged by the difference between £17,570 and the partner’s taxable non-savings income.

The Personal Allowance Band

Should one partner’s income fall below the personal tax allowance of £12,570, the leftover allowance can be allied with their tax-free savings allowances.

The Savings Allowance

Basic-rate taxpayers, those taxed at 20%, are bestowed with a £1,000 savings tax allowance, while higher-rate, 40%, taxpayers receive a £500 allowance. However, this allowance dwindles to zero for those in the top rate, 45%, tax bracket.

Utilizing these allowances in concert can navigate a couple with disparate incomes around the tax on interest for more than £100,000 in savings. The only requirement is the transfer of a portion or all of the savings to the lower-earning partner.

Plotting The Course: Real-world Scenarios

Let’s navigate through the financial voyages of a few couples to better understand how these tax exemptions can be employed.

The Voyage of Winifred and Thomas: Low Earner Paradigm

Winifred and Thomas, our first couple, enjoy a low to medium income. By redistributing £80,000 of Thomas’s savings to Winifred, they successfully sailed around paying tax on the interest from a total of £108,000 savings, saving them £800 annually.

The Journey of Anna and Steve: Middle Earner Scenario

Neighbours Anna and Steve, the middle earners, found themselves saving even more. By transferring £63,400 of Steve’s savings to Anna, they slashed £1,268 off their tax bill.

The Expedition of Malcolm and Jenny: High Earner Model

Even the high-earning couples like Malcolm and Jenny found a tax haven by transferring savings. When Malcolm transferred his entire savings of £100,000 to Jenny, they saved a substantial amount of £2,250 on tax.

In an extravagant scenario, a top-rate paying partner with £1m in savings could save up to £8,350 by transferring £371,400 to a partner with no income or savings.

Proceed With Caution

The path is not without its pitfalls. The calculator may falter when the savings transfer vaults an individual’s income across a tax threshold or above £100,000, where the personal allowance begins to taper off. Also, the calculator overlooks dividends which might affect the tax band an individual falls into.

Moreover, the cash gift to the partner should be absolute with no strings attached, thereby transferring the ownership of the money. While there’s no income or capital gains tax on the gift for married or civil partnered couples, gifts over £3,000 may invoke an inheritance tax if the donor passes away within seven years of making the gift.

Good News for Scottish Residents

The rules of engagement remain the same for residents in Scotland as in the rest of the UK, bringing a sigh of relief to the Scottish savers.

The Golden Horizon

As the sails of interest rates catch wind, navigating the tax seas wisely could keep more gold in the coffers of UK couples. Whether you’re starting your voyage or are seasoned sailors on the financial seas, understanding and utilizing these tax exemptions could lead to fairer financial winds.

Savings Accounts – Interest Rates and Tax Considerations

In today’s financial climate, it’s more important than ever to ensure your hard-earned savings are working for you. But with a myriad of options available, how do you choose the best savings account? The Telegraph has a guide to what’s currently available, and how to minimise the tax you could pay on your savings.

Why It’s Time to Reassess Your Savings Account

For many Brits, a savings account has been a reliable place to stash cash. Yet, if you haven’t recently checked your account or thought about switching, you might be losing out on substantial interest earnings.

Thanks to multiple Bank Rate increases and the government’s nudge to financial providers, the power is now in the hands of savers. There are some attractive new accounts on the market with impressive interest rates. If your money has been idly sitting in a low-interest account, it’s time for a change, lest inflation decreases its buying power.

The Basics: Understanding Savings Accounts

What’s a Savings Account?

Think of a savings account as a safe where you can store your money. The bank rewards you by paying interest on your deposits. The more you deposit and the higher the interest rate, the more you stand to earn. Keeping this money separate from everyday spending funds can help you resist the urge to spend, allowing your savings to grow. While some accounts offer unrestricted withdrawals, others might limit access.

Opening a Savings Account

It’s typically easy to open a savings account if you’re over 16 and a UK resident. Depending on the bank, you can apply online, via phone, or in person. Remember, you’ll need some personal identification and occasionally proof of address. Always check any minimum deposit requirements or monthly conditions before opening an account.

Different Flavours of Savings Accounts

There are various types of savings accounts tailored to different needs:

  • Instant-access accounts: These offer immediate access to your funds without penalties. They usually have lower interest rates, but some attractive deals currently offer up to 5%.
  • Notice accounts: You’ll need to notify your bank before making withdrawals, and the notice period can range from 30 to 120 days. Generally, the longer the notice period, the better the interest rate.
  • Fixed-rate accounts: For those ready to set their money aside for a predetermined period, fixed-rate accounts can offer high-interest rates. However, early withdrawals often come with penalties.
  • Regular saver accounts: Ideal for those keen on saving regularly, these accounts require monthly deposits, typically between £25 and £300, and can last for periods like a year.

Finding the Best Interest Rates

The Bank of England’s interest rate can influence savings rates, but they aren’t directly linked. It’s crucial to regularly shop around and seize high-interest opportunities when they arise, as top rates can be fleeting.

Tax Implications for Savings

Remember, your savings account interest is taxable income. You’ll only be taxed if your earnings exceed specific allowances. Due to recent Bank Rate increases, more people need to consider the tax implications of their savings interest. As a result, more individuals are moving money to tax-free Isas.

Savings Accounts vs. Other Options

  • Current Accounts: Designed for daily transactions and bill payments, they generally don’t offer interest. Exceptions exist but often come with conditions.
  • Premium Bonds: Offered by NS&I, these don’t provide interest. Instead, each £1 bond enters a monthly prize draw. The prize fund rate is an average growth rate that considers all bondholders, but many bondholders may not win any prizes at all, leading to diminishing returns due to inflation.
  • Isas: These function similarly to savings accounts but with tax-free interest. There are various Isa types with specific conditions, but sometimes their interest rates can be slightly lower than regular savings accounts.

Choosing the Best Savings Account for You

With numerous options available, consider your financial goals and needs. Look at interest rates, notice periods, deposit requirements, and potential tax implications.

Always ensure that the banks or building societies you use are members of the Financial Services Compensation Scheme (FSCS), which offers protection of up to £85,000 per person per financial institution. If you have savings exceeding this, consider diversifying across multiple institutions. Be wary of institutions under the same umbrella company, as the FSCS protection limit applies collectively.

Lastly, remember that money in NS&I is fully backed by the Treasury, meaning unlimited compensation if anything goes awry. This guarantee makes NS&I an attractive option for many savers.

Conclusion

Now’s the time to take control of your savings. With inflation on the rise and numerous attractive savings opportunities available, being proactive can make a substantial difference to your financial future. Whether you’re saving for a rainy day or a specific goal, ensure your money is working hard for you.

Tax Trap from State Pension Increase – What Can You Do?

The state pension, which millions of retirees rely on, might see a generous increase next year due to the recent 8.5% boost in average annual earnings between May and July. For those unaware, the state pension rise is linked to the “triple lock” system. In simple terms, this ensures the pension increases each year based on the highest of three figures: average earnings growth, inflation, or 2.5%. Given our recent earnings boost, this would mean a corresponding rise in the state pension. Even if the government chooses to use another calculation excluding bonuses, which stands at 7.8%, it’s still a win as this rate remains ahead of current inflation levels.

However, there’s a catch. With an increased state pension, more of your £12,570 tax-free personal allowance will be used up. Just to give you an idea, an 8.5% increase in the state pension would raise its total value from £10,600 this tax year to over £11,500 in 2024-25. And remember, once you go beyond this tax-free personal allowance, a 20% tax is applied. Considering the personal allowance remains fixed until at least April 2028, it’s evident that this allowance might soon be entirely used up by the state pension.

Diversifying Your Retirement Income

This is where the importance of diverse retirement income comes into play. Investor’s Chronicle breaks it down:

  1. Private Pensions: You can take 25% of what you’ve accumulated in private pensions without any tax. However, the remaining 75% is taxable.
  2. Investment Dividends: You’re allowed to earn up to £1,000 tax-free from investments outside of individual savings accounts (Isas) and pensions this tax year. However, this figure will be reduced to £500 from April 2024.
  3. Capital Gains: This year, you can sell investments outside of Isas and pensions with gains up to £6,000 before being taxed. This allowance will halve to £3,000 from next year. Don’t forget that you can also offset any losses against these gains.

It’s smart to have a mixture of growth and income investments. This way, you can use both the dividend and capital gains tax (CGT) allowances before taking money from Isas, especially since these allowances can’t be carried over to the next year.

Regularly cashing in gains from investments that aren’t wrapped in tax protection also prevents their value from ballooning too much, saving you from potentially hefty future tax bills.

Making the Most of Your Savings and Allowances

When we talk about income from bond investments and cash held outside of pensions and Isas, you can use these against a personal savings allowance: £1,000 for basic-rate taxpayers and £500 for those in the higher bracket. If your annual taxable income stays within the £12,570 personal allowance, there’s an additional perk. You get a special starting rate for savings of £5,000. This adjusts slightly if you earn between £12,570 and £17,570.

For those tied in matrimony or a civil partnership, here’s a golden tip: use both sets of all your allowances. This strategy allows couples to maximise their tax-free income each year. Moreover, passing assets between partners doesn’t incur CGT. This means, with careful planning, you both could enjoy tax-free incomes of over £25,000 this tax year or over £22,000 in 2024-25.

Other Options to Consider

Isas: You can always turn to Isas for tax-free withdrawals. An advantage with Isas, in contrast to pensions, is that there’s no age limit to when you can access your savings. Plus, you can stash away up to £20,000 a year in them.

Venture Capital Trusts (VCTs): A more adventurous option, VCTs grant you 30% income tax relief if you hold onto them for a minimum of five years. Additionally, they offer tax-free dividends. But, proceed with caution; they primarily invest in new, unproven companies, which inherently come with a high-risk tag. Explore VCTs only after you’ve exhausted all other avenues and if you have a significant taxable income.

Conclusion

The changing financial landscape can seem like a maze, especially when it affects something as crucial as retirement income. By understanding these changes, planning wisely, and diversifying your sources of income, you can enjoy your retirement years with financial peace and security.

Got £16k or More in Savings? The Tax Trap for UK Savers

Understanding the changing landscape of savings interest and tax implications for the average Brit.

A Glimpse of Sunshine for Savers

Let’s begin with the good news: if you’ve been diligently putting away some of your hard-earned cash into a savings account, you might’ve noticed the interest rates have been on the rise. For those keeping a keen eye, the best savings accounts are offering an impressive 6% interest, and there’s chatter that the Bank of England might push this even higher to 5.5% following its 15th consecutive increase.

Sounds wonderful, doesn’t it? Your savings growing just by sitting in the bank! But, as with most things in the financial world, there’s a caveat, as the Daily Mail points out.

The Taxman Cometh

You might be thinking, “I’ve finally made a decent amount from my savings!”. But hang on a second, because there’s a twist. This newfound interest income has attracted the attention of the tax authorities.

Here’s a brief rundown:

  • The interest you earn from your savings is considered as income.
  • Depending on how much you earn overall, this ‘income’ from your savings can be taxed at rates of 20%, 40%, or even 45%.

But there’s a silver lining – the personal savings allowance. This little gem allows basic rate taxpayers to earn up to £1,000 in interest without paying any tax. For higher rate taxpayers, the amount is £500. But those on the additional rate? Sorry, no such luck – you’ll be taxed on all your interest.

The Rising Dilemma for Modest Savers

Here’s the catch. With interest rates soaring, even savers with not-so-large pots might find themselves with an unexpected tax bill. At present, if you’re a basic-rate taxpayer and have a tidy sum of £16,130 in a top-performing savings account, like the Guaranteed Growth Bond from NS&I which offers 6.2%, you’d already exceed your tax-free allowance. For those on the higher rate, a balance above £8,065 in the same account would trigger the tax.

And with interest rates possibly climbing higher soon, these threshold amounts might shrink, catching even more savers unawares.

The People’s Plea

It’s not just about numbers and percentages. Behind these figures are real individuals like Geoff Dowdall, a 76-year-old retiree from Essex. He’s been counting on the income from his savings since hanging up his boots. To Geoff, it feels unjust to be taxed again on savings, especially when he’s already paid his dues during his working years.

Christine Watson from Newcastle shares similar sentiments. While the government celebrates the rise in the state pension due to the ‘triple lock’, many like Christine are feeling the pinch as more of their income is devoured by tax.

This has prompted calls from many quarters, including financial news outlets, urging Chancellor Jeremy Hunt to increase the personal savings allowance. Doubling it to £2,000 might just give savers the relief they need, ensuring their efforts to secure their financial future aren’t unfairly penalised.

Navigating the Savings Tax Minefield

With tax concerns escalating, many are left puzzled about the whole system. Here are some key things to be aware of:

1. The Delayed Tax Bill Surprise

If you’re employed or receiving the state pension, your savings tax will most likely be handled through PAYE. But here’s a hiccup: there’s often a delay between the moment you earn your interest and when it gets taxed. This means you could see your income in April reduced if you exceed the allowance during the current year. If you’re not on PAYE, be prepared to tackle this through a self-assessment tax return, which might mean settling your dues even later.

2. Declaring Your Savings

If your income from savings, dividends, and investments exceeds £10,000 annually, it’s time to roll up your sleeves and fill in a self-assessment tax return. And remember, sometimes you need to file a return even if no tax is owed, or face a fine.

3. The Bond Trap

Locking into multi-year bonds can be enticing, but be wary. Some bonds accumulate all the interest and pay it out at the end of the term, which can unexpectedly eat up your entire personal savings allowance in a single year.

4. Double-check the Details

With the amount of tax paid by savers predicted to soar from £3.4 billion to a staggering £6.6 billion this year, it’s crucial to ensure you’re being taxed the right amount. Always scrutinise any changes to your tax code, especially if you hold joint accounts.

Ways to Optimise Your Savings

If you’re feeling overwhelmed, don’t despair. Here are some strategies to maximise your savings and minimise your tax:

1. Utilise ISAs

Individual Savings Accounts, or ISAs, are your tax-free haven. Although they might offer slightly lower interest rates, the tax savings can make it worthwhile.

2. Partner Up for Savings

If you’re married or in a civil partnership, there are ways to optimise your savings as a couple. Transferring savings to a partner on a lower tax rate or leveraging allowances like the Marriage Allowance can reduce your tax bill.

3. Make the Most of Allowances

If you have a lower income, you can combine multiple allowances to earn up to £18,570 in interest without paying a penny in tax.

In Conclusion

While rising interest rates might seem like a boon for savers, it’s essential to be aware of the tax implications that come with it. Being informed and planning wisely can ensure you reap the benefits of your savings without handing over a large chunk to the taxman.

How to Share House Income Without Selling

Navigating the complex world of property ownership, sharing, and taxation can be daunting. If you’re thinking about sharing the income from a house you jointly own, or considering a change in how that income is divided, there’s plenty to consider. The Telegraph answers a reader’s question on the subject.

The Dilemma: Sharing Profits While Retaining Ownership

Clive, a reader, presents a common concern: He and his daughter jointly own a house in Dorset, each holding a 50% stake. While his daughter is keen to let out the property, Clive doesn’t need the rental income. However, he wishes to keep his half of the ownership. The problem? The projected rental income might push Clive’s earnings over the 40% income tax bracket.

Clive wonders if they can arrange for his daughter to claim all the rental income for tax purposes, while both maintain an equal ownership in the property. Can it be done without attracting undue attention from the taxman?

Legitimately Diverting Your Taxable Income

Before diving into solutions, let’s address a common concern. Is it morally right to arrange one’s finances to minimise tax liability?

In 1929, Lord Clyde remarked that every individual has the right to arrange their finances to reduce their tax burden. The Inland Revenue (now HMRC) will always work to maximise tax collection, but it’s equally legitimate for individuals to protect their wealth, provided they act within the law.

Solutions and Strategies

For Married Couples or Civil Partners

If you’re married or in a civil partnership and jointly own a property, HMRC assumes the rental income is split according to ownership: typically 50/50. But, there’s a way to declare a different distribution of profits. Using the HMRC Form 17, couples can state their desired income split. However, there’s a catch. The declared split in profits must mirror the actual ownership share. So, to split income 90/10, ownership must also be 90/10.

For Others: Declaration of Trust

In Clive’s case, since he’s not married to or in a civil partnership with his daughter, they have more flexibility. According to the HMRC’s Property Income Manual, joint property owners (who aren’t in a formal business partnership) can decide how they divide rental profits, even if this doesn’t align with property ownership percentages.

This means Clive and his daughter can create a declaration of trust, confirming that while the house ownership remains 50/50, all rental profits will go to the daughter. Although not mandatory, it’s prudent to inform HMRC of such an arrangement within 60 days of signing the declaration. Additionally, this profit share should be stated in both their annual self-assessment tax returns.

A Final Thought: Looking at the Bigger Picture

While it’s clear that Clive can divert his half of the rental income to his daughter, he should also ponder the broader implications. The house is a significant capital asset. By retaining his 50% ownership but not drawing any income, he’s potentially amassing a considerable inheritance tax bill for the future.

Transferring the house’s beneficial share – or even the full property – to his daughter might be worth considering. But there’s a caveat: reducing one tax can sometimes increase another, like the potential capital gains tax upon disposal of the property.

In Conclusion

Navigating property ownership and income distribution can be complex, but it’s crucial to understand your options and rights. With proper guidance and careful planning, you can make decisions that benefit both your present financial situation and your future legacy. Always consider consulting a professional to get tailored advice.

HMRC’s Latest ‘Blacklist’ Move, and What It Means for UK Contractors

On August 24th, HMRC (Her Majesty’s Revenue and Customs) took a significant step in its ongoing fight against tax avoidance. The tax authority issued an update to its “Current list of named tax avoidance schemes, promoters, enablers and suppliers,” adding the company, SmartPay Limited, company number 05618472, to a slowly-expanding ‘blacklist’ of offenders – a move heralding massive implications for both the financial industry and contractors. Contractor UK has the details.

HMRC Takes a Stand: Who’s Called Out and Why

The tax authority’s move to ‘name and shame’ tax avoidance schemes has been long-awaited by many. For years, these schemes have targeted a multitude of UK contractors, leading to widespread concern in the financial community. One such instance is SmartPay Ltd., which, through its Third Party Loan scheme, brought a great number of contractors under its control.

However, recent action by HMRC is now bringing the company’s malpractices into the spotlight. Notably, despite its registered office being in Blackpool, Lancashire, the company is incorporated in the Isle of Man, drawing a parallel with another blacklisted scheme, Payeworx Ltd.

According to ex-taxman Graham Webber, SmartPay seems to be connected to a group of entities that have been described in First Tier Tribunal cases as an ‘informal group’. This group shares links with Knox House Trust and others in the Isle of Man, as well as entities in Malta, raising serious questions about their operations and motives.

The Rising Tide: More Companies Blacklisted By HMRC

The move against SmartPay and Payeworx has opened the floodgates, with several other companies now finding their way onto HMRC’s blacklist. On August 31st, Dalespay Limited, based in Cyprus, joined the list, along with Pay Rec Limited, and Prime Umbrella Services Limited.

HMRC’s blacklist is not limited to companies but can include individuals and schemes. Given the complex nature of these tax avoidance schemes, making sense of them can be challenging. Contract workers often find themselves entangled in intricate networks, drawn into employment contracts and ‘bonus schemes’, where a portion of pay is advanced against future bonus payments, often without income tax and NICs deducted.

Contrary to what such schemes claim, HMRC views these ‘advances’ as normal income, making it taxable. For contractors trying to navigate these difficult waters, advisory firm Tax Resolute UK provides simple yet helpful advice: “Is this your wages being circulated?” “Has the tax been paid for it?” If the answer to the second question is no, then there’s a high probability that there should be tax paid on it.

The Growing Need for Reliable Advice

In light of this complexity and confusion, contractors are strongly advised to seek guidance from independent specialists, preferably ones “not connected with the tax scheme provider,” according to Jesminara Rahman, from Tax Resolute UK.

Despite HMRC’s effort to provide a blacklist, there is controversy surrounding the temporary nature of the list, with companies being delisted after 12 months. To Julia Kermode, founder of independent work champion IWORK, this system is less effective for an audience that barely knows it exists in the first place.

As HMRC continues to target tax avoidance schemes, contractors, companies, and financial advisors alike need to be aware of potential pitfalls. Transparency is key, but most importantly, understanding the system and seeking advice from reliable, independent sources is a critical step towards protecting oneself from falling into the trap of tax avoidance schemes.

Government Delay Over Umbrella Tax Schemes has Increased Avoidance

Umbrella companies have become a popular option for many freelancers in the UK. Essentially, these are companies that manage the earnings of freelancers. They collect payment from the client or recruitment agency, handle necessary tax and national insurance deductions, and then pay the freelancer their due wages.

However, this sector remains largely unregulated, which has caught the eye of experts and government officials alike.

The Good, the Bad, and the Ugly of Umbrella Companies

Like in any industry, there are those who operate within the rules and those who seek to exploit them. Many umbrella companies provide legitimate services, ensuring freelancers receive the correct pay and benefits. Unfortunately, there’s a darker side too.

Some unscrupulous umbrella companies have been accused of withholding holiday pay from workers, unfairly taking money from pay packets, or even promoting tax avoidance schemes either for the worker’s perceived benefit or purely for the umbrella company’s own gain.

A concerning report by PayePass, a specialist in umbrella company compliance, revealed that the number of individuals working under these unchecked arrangements rose from 600,000 in 2018-19 to a whopping 700,000 in 2021-22.

Julia Kermode, who helms PayePass, has expressed concern, noting that unless the sector is rightly regulated, the trend could lead to an increasing number of people being lured into tax avoidance setups.

Changes in Tax Rules and Their Impact

April 2021 marked a significant shift in the way freelancers were categorized for tax reasons. A new rule emerged, determining whether a contractor is classified as self-employed (often referred to as “outside IR35”) or as an employed individual. Interestingly, this rule was already in place in the public sector since 2017.

But there’s a twist. After the rule change, employers began mandating that freelancers make use of umbrella companies. While this seemed like a straightforward requirement, it inadvertently opened the door for dishonest operators to exploit the system. Julia Kermode highlighted an alarming consequence: many freelancers discovered they had been ensnared in tax avoidance schemes only after receiving substantial, unexpected tax bills from HM Revenue & Customs (HMRC).

Government’s Response: A Call for Regulation

While it’s clear that there’s an issue, the wheels of government often turn slowly. As early as 2018, there were calls to regulate umbrella companies, following a detailed review into modern working practices. Fast forward to the present, and the government is still in the phase of gathering feedback and considering its next steps.

In defence of HMRC, they’ve stated that only a small number of these avoidance scheme promoters remain active. They’ve made strides in identifying and publicising promoters, directors, and schemes that don’t adhere to tax rules. Between August 2022 and August 2023, HMRC even issued 15 stop notices, explicitly ordering certain promoters to cease marketing their tax avoidance schemes.

While the government acknowledges the potential risks posed by some umbrella companies, they also note that many do comply with tax laws. Their stance is that they’re committed to acting against those who misuse the system.

Industry Voices Call for More

Despite the government’s reassurances, industry experts believe more aggressive action is necessary. Crawford Temple, CEO of Professional Passport, voiced concerns about the rising levels of tax avoidance schemes. He believes that the HMRC’s approach is not stringent enough, claiming that they’re pursuing the victims more than the actual culprits.

One of the potential solutions from the government’s consultation is to mandate recruiters or their clients to thoroughly vet umbrella companies. Failing to do this due diligence would result in penalties. Another suggested remedy involves transferring unpaid taxes from a non-compliant umbrella company to another entity within the labour supply chain.

Conclusion: The Path Forward

The increasing reliance on umbrella companies, combined with a lack of regulation, has created a perfect storm for tax avoidance schemes. As the government deliberates on potential measures, it’s crucial for freelancers and employers alike to remain vigilant and informed. While umbrella companies can provide valuable services, it’s essential to recognise the potential risks and ensure that everyone is playing by the rules.

Thailand’s Remote Work Visa Scheme and Tax Implications: What UK Workers Need to Know

In recent years, remote working has become increasingly popular, allowing individuals the freedom to work from anywhere in the world. Thailand has emerged as an attractive destination for remote workers, thanks to its beautiful landscapes, rich culture, and modern infrastructure. To further cement its appeal and attract foreign professionals, Thailand introduced the long-term resident visa scheme (LTR visa) in September 2022. However, with this new visa category, tax implications arise for both remote workers and their employers. International Tax Review looks at what’s involved.

The Long-Term Resident Visa Scheme

The LTR visa scheme offers foreign workers an opportunity to work remotely from Thailand while retaining the flexibility to travel in and out of the country without permanently relocating. Of the four types of LTR visas available, the work-from-Thailand professional visa is designed to attract remote workers.

To qualify for an LTR visa, applicants must meet minimum income requirements and have at least five years of relevant work experience in the past decade. Additionally, if the foreign employer is a public company listed on a stock exchange, or a private company operational for at least three years with a combined revenue of over $150 million in the last three years, the application is eligible.

Tax Implications for Remote Workers

Under Thailand’s Revenue Code, individuals are liable for personal income tax on income received from a post held in Thailand, regardless of whether it is paid in or outside the country. Being present in Thailand for 180 days or more within a tax year classifies an individual as a tax resident, subjecting any employment income brought into Thailand to Thai income tax.

A tax exemption has been introduced for holders of the work-from-Thailand professional LTR visa in relation to income earned from employment abroad and brought into Thailand. However, there are currently no guidelines on whether remote workers for foreign employers are considered to have employment or a post held in Thailand, potentially making them liable for tax.

Thailand has double taxation agreements (DTAs) with over 60 countries, including the UK. Generally, these agreements determine that employment income is taxable in the country where the work is performed, based on the employee’s physical presence. However, if the foreign employer does not have a permanent establishment in Thailand, employees will not be subject to Thai tax on income earned from work performed in Thailand if their stay is less than 183 days or similar in the relevant period.

Understanding the Risks for Foreign Employers

Thailand’s Revenue Department has yet to issue guidelines on the taxation of foreign employers with staff working remotely in Thailand. The Revenue Code lacks a minimum requirement for an employee’s stay in Thailand to create a taxable presence for their foreign employer.

DTAs help provide more certainty, stating that business income derived from activities performed in Thailand by foreign enterprises is not subject to Thai income tax if the enterprise lacks a taxable permanent establishment in the country. However, certain ambiguities arise, such as whether an extended stay in a home office in Thailand creates a sufficient degree of permanence to establish a taxable presence. The duration of the employee’s presence in Thailand also impacts the potential establishment of a permanent presence. To mitigate the risk of creating a taxable presence for their employer, foreign remote workers in Thailand may consider limiting their stay.

Potential Tax Reforms

Although Thailand has taken steps to accommodate remote work with the introduction of new visa categories, issuing guidelines on the tax obligations of remote workers and their foreign employers could further attract foreign professionals. This would provide clarity and certainty for both remote workers and their employers, ensuring they understand their tax liabilities and obligations.

As remote work continues to grow in popularity, it is essential for both employees and employers to navigate the tax implications in their remote working arrangements. By staying informed and seeking professional advice when needed, UK workers exploring the opportunity to work remotely from Thailand can enjoy the country’s vibrant culture and picturesque landscapes while ensuring compliance with tax regulations.

Maximise Your Retirement Savings: How to Pay Less Tax in Retirement

As retirement approaches, many UK workers are faced with the prospect of higher tax rates. The Office for Budget Responsibility (OBR) predicts that by 2027/28, 2.5 million workers will fall into higher and additional tax brackets. This means that more of their hard-earned income will be subject to tax.

Furthermore, the tax burden for retirees is also on the rise. The OBR estimates that there will be 8.1 million taxpayers of State Pension age in the tax year 2023/24, compared to 6.47 million in 2020/21. This represents a significant 25% increase in just three years.

However, there is a way for retirees to be more proactive in reducing their tax burden and maximising their retirement savings. Today’s Daily Record explains how, by understanding their tax exemptions and making use of tax-efficient savings vehicles like ISAs, retirees can ensure that their retirement assets and income are not needlessly depleted by taxes.

Maximising Exemptions – The ‘Tax-Free Max’ in 2023/24

In the current tax year, UK residents can receive up to £26,570 from potentially taxable sources without paying any tax. This includes income from work or pensions, savings interest, dividends, and capital gains. It’s important to note that in order to maximise these exemptions, significant savings and investments are required.

Gary Smith, a Partner in Financial Planning at wealth management firm Evelyn Partners, suggests that retirees can enjoy an annual income of £27,227 without paying any tax at all by carefully structuring their finances.

Personal Tax Allowance

For individuals in retirement who receive the full state pension of £10,600 per year, they can also receive a private pension income (from an annuity, for example) of £1,970 per year before hitting the personal tax allowance of £12,570. This means that they can add to their retirement income without incurring additional tax.

Pension Tax-Free ‘Lump Sum’

Contrary to common perception, the 25% tax-free lump sum from a private pension pot does not have to be taken all at once. Instead, as income is withdrawn from the pot each year, 25% of each withdrawal can be taken tax-free. This approach can help minimise the overall tax burden. For example, an individual who wishes to pay no tax from their pension withdrawal could set their annual withdrawal at £2,627 gross. Of this amount, 75% falls within the personal income tax allowance, while the remaining 25% is tax-free.

Savings Income

If retirees have significant savings outside of ISAs, they can benefit from the starting rate of tax for savings, which is £5,000 as long as it doesn’t exceed the personal tax allowance of £12,570. Additionally, the personal savings allowance of £1,000 for basic rate taxpayers means that there is potentially £6,000 of tax-free interest income available.

Investment Income and Capital Gains

From a non-ISA investment portfolio, retirees can also draw income from dividends up to £1,000 and capital gains up to £6,000, all of which can be tax-free. However, it’s important to note that these allowances have recently been reduced and are set to decrease even further in the future.

Trading

Finally, retirees can earn up to £1,000 tax-free from casual trading, such as buying and selling on internet trading sites like eBay, thanks to the trading allowance.

Gary Smith emphasizes that couples can double most of these tax-free amounts by using both sets of allowances. The transfer of assets between married couples and those in civil partnerships does not trigger tax liabilities, providing flexibility to achieve tax efficiency.

The Importance of Pensions and ISAs

Pensions offer an attractive tax benefit for retirement savings. In addition to the 25% tax-free lump sum, a drawdown strategy can be calculated to keep annual income below the tax thresholds, whether that is the basic, higher, or additional rate bands.

Gary Smith explains that the tax benefits of pension relief at the contribution stage often outweigh the tax paid at access, even for those who withdraw taxable amounts. This is particularly true for individuals who received tax relief on their pension contributions at a higher or additional rate. They may then pay tax at a lower rate when they access their pension income.

Furthermore, pension savers also benefit from investment growth, as investment returns are earned from gross contributions. However, it’s worth noting that due to the growth of a pension pot, more tax may be paid when funds are accessed.

By understanding and utilizing the various tax exemptions and allowances available, retirees can reduce their tax burden and ensure that their retirement savings go further. Maximizing the use of tax shelters, such as ISAs, and structuring pension access can also provide further protection against rising taxation. It’s important for individuals to seek professional financial advice to make the most of these opportunities and ensure a secure financial future in retirement.

Proposed Self-Assessment Changes for Directors

IPSE has an article on HMRC’s proposed changes to the way it collects data on directors’ dividends. The landscape of the self-employed and company directors in the UK is rapidly evolving, and with the latest changes proposed by HMRC to the Self Assessment system, there’s a lot to unpack.

The Background

For a vast number of self-employed business moguls in the UK, dividends – a sum of money paid regularly by a company to its shareholders out of its profits – represent a crucial part of their pay. Often, they would pay themselves a nominal salary and rely on dividends for the rest. However, during the tumultuous times of the pandemic, these business owners felt sidelined by the government, which did not tailor support for them based on their unique remuneration methods.

A persistent reason cited by Ministers and Treasury officials for this oversight was the lack of precise data on these dividends. The crux of the matter was the challenge in differentiating money earned from investments from that earned through a contractor’s professional services.

HMRC’s New Proposals

In October 2022, HMRC unveiled a plan aimed at refining the data it acquires from taxpayers. IPSE (the Association of Independent Professionals and the Self-Employed) not only submitted evidence to this consultation but also actively interacted with HMRC officials to share feedback.

Come the ‘Tax Administration and Maintenance Day’, the government confirmed its intention to gather more precise data on dividends and to track the life cycle of self-employed businesses. This will likely materialise as draft legislation and subsequently be included in an upcoming Finance Bill.

So, what changes can we anticipate in the Self Assessment system?

  1. The once-optional declaration for company directors to state their status will now be obligatory.
  2. Directors must specify the exact dividend value they received from their own company.
  3. They will also need to declare their percentage shareholding in the company.
  4. Additionally, directors will have to state the commencement date of their self-employed venture.

Why These Changes?

The government’s rationale behind these alterations is to possess a richer reservoir of data, enabling more informed policy decisions. A significant part of this move is to segregate investment-derived income from the income due to service or labour. This distinction would classify dividends as earned income rather than passive or unearned.

If this data is released in an anonymised manner – a move championed by IPSE – it might become a valuable tool to evaluate the influence of public policies on the self-employed. For instance, it would highlight the repercussions of the IR35 reforms in the private sector on the number of limited company directors.

Concerns for Contractors

However, there are trepidations. Over 1.6 million felt neglected during the pandemic, and this latest announcement might seem like a belated attempt. It’s uncertain if the Treasury would have behaved differently during the pandemic had they possessed this dividend and shareholding data earlier.

Furthermore, with recent upheavals like IR35 reforms and the launch of Managed Service Company investigations, there’s an underlying fear among contractors. They worry that this newly harvested data might be wielded against those operating through their personal limited companies. IPSE, echoing these concerns, has stressed that HMRC’s possible use of this dividend data for compliance could pave the way for taxing retrospections, bringing along unwelcome stress for freelancers.

In light of these changes, if the government remains steadfast in its decision to enhance data collection in Self Assessments, it should commit to sharing this information anonymously. This not only ensures transparency but also aids in better policy formation and review.