ACCA Tax UK

ACCA Tax UK

ACCA Tax UK

Lea Hoenke

Lea Hoenke

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Erstellt / Aktualisiert 23.11.2024 / 02.02.2025
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what is an associated company?

  • under same control >50%
  • dormant companies are NOT an associated companies
  • it is IRRELEVANT where a company is resident
  • if a company is only associated for part of period, it counts for WHOLE period

When does the tax return for companies have to be filed?

By the later of:

  1. 12m after accounting period end
  2. 3m after date on which the notice requiring the return is served

For long period of accounts: returns are submitted within 12m of the end of the SECOND acc period.

Until when can a corporate tax return be amended?

within 12m of filing date

How long do records have to be kept?

6 years after filing dates

When is the tax payment due for corporate companies?

  • profits <150'000 - tax due by 9M +1 day after end of acc period (1. oct, with year end Dez)
  • profits >150'000 - quarterly instalments are necessary
    • for a 12m accounting period, four instalments are due on the 14 of:
      • 7th month (6.5m after start of acc year
      • 10th month
      • 13month (e.g. after end of acc. year)
      • 16th month (after end of acc year)

How is the instalment calculated if acc. period is less than 12m?

3/n x CT

n = months in accounting period

CT = corporation tax for accounting period

when can a company escape the duty of paying quarterly instalments?

  • if it was not considered a large company before
  • if profits for relevant period are <10m

what are the penalties for late filing?

  • <3m - 100 fixed (500 if third cons. filing late)
  • 3-6m - 200 fixed (1000 if third cons. filing late)
  • 6-12- 200 + 10% tax outstanding (1000 if third)
  • >12 - 200 + 20% of tax outstanding (1000 if third)

What is the penalty if records are not kept long enough?

3000

When must claims for tax relief be submitted?

Within 4 years of end of relevant acc. period

In what cases do penalties apply?

  1. tax return filed late
  2. records are not kept long enough
  3. company failed to inform HRMC of new source of income

Late payment = interest charges

what are the main differences between sole traders & Ltd. companies?

Sole trader

  • class 2 & 4 NIC
  • income tax on tax adj. profits AFTER personal allowance

Director of LTD

  • employee
  • class 1 NIC
  • income tax on salary & dividends

LTD

  • employers NIC (1&1A)
  • corporation tax
  • employers NIC & salary are deductible expenses
  • corporation tax rate = max 26.5%

Bonus vs dividends

  • dividend tax rates = lower
  • nil rate bands for dividends
  • no NIC for dividendds

Other factors

  • legal responsibilities
  • administrative burden for corporation tax return
  • no cash basis for LTD
  • paperwork, board minutes

Which amounts need to be cleaned in the process of calculating TTP?

  1. Amounts not taxable as trading income
    1. investment income
    2. non-taxable income (repayment of tax)
    3. capital profit on sale of assets
  2. disallowable expenditure
    1. capital expenditure
    2. all expenditure not wholly & exclusively for trading purposes
    3. accounting estimates (depreciation/provisions)
    4. interest payable for loans on non-trading expenses
    5. qualifying charitbale donations

What amounts can additionally be added to the calculation of TTP that are likely not yet included

  • Capital Allowances
  • Income element of short-term lease (capital element = lease premium * 2% (n-1)

How many years count for pre-trading expenditure?

7 years

Capital Allowances - what are key figures to considerate for Ltd.?

  • no private use
  • all allowances EXCEPT FYA are pro-rated for short acc. periods
  • CA can never be assessed for a period >12m

How is the disposal of assets with enhanced capital allowances treated?

  • 130% superdeduction - the sale proceeds are NOT deducted from the main pool, INSTEAD they are brought in as a balancing CHARGE (=less allowances, more tax)
  • 50% FYA - 50% of sale is deducted from special rate pool, 50% is brought in as a balancing CHARGE

How is property business income calculated for LTD?

Rent accrued

Income element of short-term lease

(allowable expense)

= Property income

What needs to be considered for LTD for allowable expenses?

  • no approved mileage rates possible
  • replacement furniture relief for domestic items in residential property
  • loan interest payable is treated under the loan relation ship rules and deducted from non-trade interest receivable by the company

if the period is >12m, the period needs to be split into two accounting periods. which dates are crucial for the following

  • adjusted trading profits
  • capital allowances
  • property business profit
  • non-trade interest
  • chargeable gains
  • donations
  • dividends
  • miscellaneous income

  • adjusted trading profits - time apportion
  • capital allowances - separate computation
  • property business profit - time apportion
  • non-trade interest - accruals
  • chargeable gains - date of disposal
  • donations - date of payment
  • dividends - date of payment
  • miscellaneous income - time apportion

All income/profit is apportioned, CA are separately calculated to apportion the allowance limits. rest: payment date

What is different between Ltd. and soletraders for chargeable gains calculation?

  • No AEA for Ltd
  • For Ltd: Indexation allowance of COST

How are Capital Losses ("chargeable" losses ) for Ltd. treated?

  • NEVER carried back
  • NEVER set off against total income
  • carried FORWARD or set off against CURRENT gains
  • unused losses must be used against first available gains
  • automatic claim

What is the process for Chargeable gains calculation with Losses?

CY Chargeable gains

(CY losses)

(b/fwd losses)

= taxable amount

How is the matching rule for disposal of shares for LTD

  1. Same day
  2. PREVIOUS 9 days
  3. indexed pool of shares
    1. cost & indexed cost are recorded separately!
    2. whem shares are sold, cost & indexed cost are deducted proportionally
      1. Proceeds - Cost - Indexation allowance = gain/loss

When is Rollover relief available (chargeable gains) for Ltd?

  • if old & new assets are qualifying
    • land & building
    • fixed plant & machinery
  • both assets must be used in the trade
  • reinvest between 12m before and 3y after disposal

Is loss relief for Ltds applied before or after qualifying charitable donations deduction?

always BEFORE deduction of qualifying charitbale donations

what needs to be considered for Current Period Loss Relief for Ltd?

  • set off against total profits before donations of current period
  • NO restriction of claim/loss - ALL OR NOTHING

What needs to be considered for current & prior year relief?

  • only possible AFTER CY loss relief
  • any loss remaining is sett off against total profits BEFORE donations
  • offset only for pior 12 months!! if different acc. periods, this needs to be considered

What needs to be considered for carry forward relief for Ltd?

  • set off against total profit before donations
  • partial claim is possible!!!
  • NO CY/Pior year claim necessary!!

What is terminal loss relief for Ltd?

  • same as for individuals
  • losses that arise in the last 12m of trading can be releliefed against the last 36months preceding the last accounting period
  • LIFO

What needs to be considered for property business losses for Ltd?

  1. set off against total profits of SAME period
  2. set off against total profits of FUTURE periods
  3. NEVER carried back
  4. property business losses are set off first, compared to trading losses
  5. partial claims are allowed

What needs to be considered for Capital Losses for Ltd?

  1. Relieved against CURRENT CHARGEABLE GAINS
  2. Relieved against future CHARGEABLE GAINS
  3. NEVER carried back
  4. NEVER set off against total income
  5. NO partial claims

Which options exist for a group of companies for loss relief?

  1. loss relief group-wide for a 75-group
  2. gains-group (50) - taxation of chargeable gains may be reduced and capital loss relief made easier (capital loss can't be group relieved)

What is a 75% Group

  • a parent company with its 75% subsidiaries (75% holding directly or indirectly)
  • the companies can be UK resident or international
  • only UK resident companies qualify for loss relief

What are the main principles for group relief?

  • relief can be done against profits of one or more claimant companies
  • it does not matter who is parent/subs.
  • ANY company with loss can be the surrendering company
  • ANY amount of CY loss can be surrendered, the company does NOT have to use the loss itself first
  • brought forward losses can only be surrendered if the respective company is UNABLE to use the loss
  • the max group relief available is equal to their TTP, assuming their wn losses are set off first

What losses are available for surrender to group relief?

  1. current period trading losses
  2. brought forward trading losses, provided they cannot use them themselves
  3. UNRELIEVED current period property business losses
  4. brought forward trading losses, provided they cannot use them themselves
  5. UNRELIEVED qualifying charitable donations

Loss relief vs. Group Relief

  • CY & PY losses for simple relief CAN'T be restricted, where Group relief CAN be restricted
  •  

What is the process for group relief for companies with different acc. periods?

Relief is only available for the corresponding acc. period

Loss & profit therefore have to be calculated accordingly

What is a gains group and can gains group and group relief groups be combined?

Gains group = parent with 75% subsidiaries, this also includes subsidiaries with a >50% effective interest

a company can only be in ONE gains group but in multiple group relief groups (both at the same time possible as well)

How is proceeds/cost calculated for intra-group transfers in gains groups?

  • no gains/loss transfer for intra-group asset transfer
  • proceeds are deemed to equal cost + indexation