New workers rights and benefits

The government has set out the next stages for a number of new Workers' Rights Acts to support UK workers.

In a recent press release they said:

“The Employment (Allocation of Tips) Act 2023, which became law in May this year, requires employers to pass all tips on to workers.

“Most employers already pass on tips to the staff who earn them. However, there are still some unacceptable tipping practices by unscrupulous employers, which must be stopped.

“Christmas is an incredibly busy season for hospitality workers, and usually a time of year when customers are more generous with their tips. All employees deserve to receive their fair share of tips, so the Government has launched a public consultation on the Tipping Act’s Code of Practice to gain feedback from employers, workers and other stakeholders on the fair and transparent distribution of tips.”

Additionally, new rights to protect new parents from redundancy, give carers extra support and help all employees work flexibly are also a step closer as government has laid legislation with plans for the measures to come in next spring.

These measures aim to improve the lives of hard-working families across Britain, aiding workers who have caring responsibilities or parents at risk of redundancy and ensuring everyone is able work as flexibly as needed into the new year.

An extra 2.6 million workers across the UK will benefit from the removal of the 26 week qualifying period that is currently required before making a flexible working request.

Those with caring responsibilities will also be entitled to a brand new employment right to a week’s leave to care for a dependent.

Redundancy protections are also being extended to cover pregnancy, as well as to new parents.

Government is also backing British workers by introducing the biggest ever increase to the National Living Wage, worth over £1,800 a year for a full-time worker, fulfilling the pledge to end low pay.

When this increase comes into effect in April 2024, the National Living Wage will be worth nearly £21,000 a year for a full time worker – almost double, in cash terms, the amount which a full time worker on the National Minimum Wage earned in 2010.

For the first time, 21 years olds will be legally entitled to the National Living Wage, which is set to reach two-thirds of average earnings.

Why we all need to invest in tax planning

HM Revenue & Customs (HMRC have one clear objective, to recover past government expenditure and then recycle the cash collected to repay government borrowing and release funds for future expenditure.

To do this, HMRC are obliged to assess taxes by adopting the current legislation to collect taxes from individuals and businesses.

Fundamentally, HMRC base their judgement of the tax you owe on the data they have collected via tax returns, and all of these numbers relate to events in history. Whilst they will endeavour to allow the reliefs and allowances to which you are entitled, they do not have the data or the staff to call you up and ask about your future plans and how you can best organise your affairs to minimise overall tax liability.

For example, you may be a self-employed builder about to buy a replacement van in the last month of your accounting year. The cost of £20,000 could potentially be written off against your profits for the year and save you £4,000 in basic rate tax. But you know that in the following year you will be building a house that should net you profits in excess of £50,000. That being the case, it would make sense to defer the new van purchase until the following month, the first month of the new accounting period. Then, the £20,000 investment would save up to £8,000 in higher rate tax.

As we face the new calendar year there are just three months to the end of the 2023-24 tax year.

Which is why we are keen to have a conversation with all our clients to ensure your tax affairs are manged in the most efficient way; based not only on what has already happened, but more importantly, on what is planned to happen in the 2024-25 tax year.

In this way we can help you keep your tax footprint to a minimum.

Please call so we can determine how you would be best advised to organise your finances to minimise tax liabilities. The clock is ticking.

Obtaining the HMRC mobile app

HMRC’s free tax app is available to download from the App Store for iOS and from the Google Play Store for Android. The latest version of the app includes some updated functionality to update your name, save your National Insurance number to your digital wallet and to obtain help from HMRC's digital assistant.

The APP can be used to see:

  • your tax code and National Insurance number
  • your income and benefits
  • your income from work in the previous 5 years
  • how much you will receive in tax credits and when they will be paid
  • your Unique Taxpayer Reference (UTR) self-assessment
  • how much self-assessment tax you owe
  • your Child Benefit
  • your State Pension

The app can also be used to complete a number of tasks that usually require the user to be logged on to a computer. This includes:

  • get an estimate of the tax you need to pay;
  • make a self-assessment payment;
  • set a reminder to make a self-assessment payment;
  • report tax credits changes and complete your renewal;
  • access your Help to Save account;
  • using HMRC’s tax calculator to work out your take home pay after Income Tax and National Insurance deductions;
  • track forms and letters you have sent to HMRC;
  • claim a refund if you have paid too much tax;
  • update your name and / or postal address;
  • save your National Insurance number to your digital wallet; and
  • choose to be contacted by HMRC electronically, instead of by letter.

Help to pay your tax next month

If you are having trouble paying your tax on time you may be eligible to receive support from HMRC by applying for an instalment payment plan. An online payment plan for Self-assessment tax bills can be used to set up arrangements for paying tax liabilities of up to £30,000.

The large majority of taxpayers, who are due to make payments on 31 January 2024, could qualify to implement a Time to Pay arrangement online.

Taxpayers that want to use the online option must have filed their latest tax return within 60 days of the payment deadline and intend to pay their debt within the following 12 months or less. Taxpayers that qualify for a Time to Pay arrangement using the self-serve Time to Pay facility online, can do so without speaking to an HMRC adviser.

Taxpayers with Self-assessment tax payments that do not meet the above requirements need to contact HMRC to formally request a Time To Pay arrangement. These arrangements are agreed on a case-by-case basis and are tailored to individual circumstances and liabilities.

HMRC will only offer taxpayers the option of extra time to pay if they think they genuinely cannot pay in full but will be able to pay in the future. If HMRC do not think that more time will help, they can require immediate payment of a tax bill and start enforcement action if no payment is forthcoming.

Tax exempt accommodation costs

There are special rules for the provision of living accommodation for employees. In most cases, employees will pay tax on any living accommodation provided by an employer unless they qualify for an exception.

However, where an employee qualifies for an exemption, there is no tax to pay on the provision of living accommodation. The definition of living accommodation includes houses, flats, houseboats, holiday homes and apartments. It does not include hotel rooms or board and lodgings.

An exception for living accommodation will usually apply in the following cases:

  • If it is domestic or personal
    • Accommodation is exempt if both:
      • you are an employer who is an individual, for example a sole trader; and
      • you are providing it for someone because they are a close relative – even if they happen to work in your business.
  • If it is provided by a local council
    • Accommodation is exempt if a local council provides it on the same terms that it provides housing to non-employees.
  • If it is necessary or usually provided for the job
  • If it is needed for security

Other charges and costs

If the accommodation you provide is exempt, you do not have to report Council Tax, water and sewerage charges to HMRC, or pay National Insurance and tax.

Help to Save scheme

The Help to Save scheme is intended to help those on low incomes to boost their savings. Eligible users of the scheme can save between £1 and £50 every calendar month and receive a 50% government bonus. The 50% bonus is payable at the end of the second and fourth years and is based on how much account holders have saved. The bonus is paid directly into the account holder’s chosen bank account.

This means that account holders on low incomes can receive a maximum bonus of up to £1,200 on savings of £2,400 for four years from the date the account is opened. The scheme is open to most working people who receive Working Tax Credits or Universal Credit.

Almost 450,000 people have opened Help to Save accounts since the scheme was launched in September 2018 and March 2023, with nearly £372.5 million paid into accounts during that time. This has seen the government award £146 million in bonus payments.

The scheme had been due to end in September 2023 but was extended by 18 months, until April 2025. The extension was announced as part of the Spring Budget measures earlier this year.

Tax Diary January/February 2024

1 January 2024 – Due date for Corporation Tax due for the year ended 31 March 2023.

19 January 2024 – PAYE and NIC deductions due for month ended 5 January 2024. (If you pay your tax electronically the due date is 22 January 2024).

19 January 2024 – Filing deadline for the CIS300 monthly return for the month ended 5 January 2024.

19 January 2024 – CIS tax deducted for the month ended 5 January 2024 is payable by today.

31 January 2024 – Last day to file 2022-23 self-assessment tax returns online.

31 January 2024 – Balance of self-assessment tax owing for 2022-23 due to be settled on or before today unless you have elected to extend this deadline by formal agreement with HMRC. Also due is any first payment on account for 2023-24.

1 February 2024 – Due date for Corporation Tax payable for the year ended 30 April 2023.

19 February 2024 – PAYE and NIC deductions due for month ended 5 February 2024. (If you pay your tax electronically the due date is 22 February 2024)

19 February 2024 – Filing deadline for the CIS300 monthly return for the month ended 5 February 2024.

19 February 2024 – CIS tax deducted for the month ended 5 February 2024 is payable by today.

More delays contacting HMRC?

HMRC have announced that they will be focussing the use of its Self-Assessment helpline on priority queries from 11 December 2023 to 31 January 2024.

Taxpayers calling with queries that can be quickly and easily resolved online will be directed to HMRC’s online services from 11 December until the SA deadline on 31 January.

The department’s expert advisers will focus on answering priority SA queries – those that cannot be easily dealt with online – as well as supporting the small minority of taxpayers who require extra support or cannot engage with us digitally.

HMRC monitors all calls to identify people who may need extra help. These callers are passed on to HMRC’s Extra Support Team who are specially trained to deal with vulnerable taxpayers.

The vast majority of SA customers use HMRC’s online services, with more than 97% of taxpayers filing their SA returns online last year, and overall taxpayer satisfaction with these services is at more than 80%.

But around two-thirds of calls to the SA helpline can be resolved far quicker through HMRC’s online services. To make all SA callers aware of the department’s extensive online services, recorded messages supported by SMS texts will be used.

Examples of queries that can be resolved much quicker online include updating personal information, chasing on the progress of a SA registration, ending SA registration, and checking a Unique Taxpayer Reference number.

According to HMRC, they are:

“Transitioning to a digital-first approach, meaning taxpayers can get their queries answered 24/7, without having to wait on the phone or write a letter. It is continuing to improve and expand its online services, increasing their capabilities and ease of use so they become the default option. This includes the HMRC app, which is already used by more than a million people every month.”

In reality, you should not be surprised if your attempts at calling HMRC require prolonged waits or the navigation of confusing auto-select options.

Do you have a problem we could help you solve?

From time to time, we may spot issues when preparing accounts or tax returns that indicate problems that we subsequently help you solve.

But the problems we are going to identify in this way will relate back to past events, and these events may or may not be capable of an effective resolution due to the passage of time.

For example, if your business provides company cars and fuel for both private and business mileage, the car users will be paying tax for the use of the car and for the provision of fuel for private journeys. The car fuel taxable benefit is expensive, and, in many cases, it is worth crunching the numbers to see if this car fuel benefit can be avoided by the employee paying back the cost of any private fuel provided.

This payback process needs to be completed by the 6th of July following the end of the relevant tax year (usually, the 5 April). Miss the payback deadline and any opportunity to save employees from the tax charge will evaporate.

Or your business may start to experience a drop off in sales or increases in costs; profits may be falling and cash resources dwindling. Before you run out of cashflow – hit your overdraft limit – could you pick up the phone so we could brainstorm strategies to ease the situation?

As we approach the new year, make your “top of the list” resolution a promise to call us if you start to encounter business or personal financial issues causing you concerns.

The railways have a relevant exhortation, see it, report it, sort it. As soon as you become concerned, pick up the phone.

It is doubtful that all the political and economic challenges will resolve in 2024, but reacting swiftly to challenges as they occur is the best way to minimise any downside risks.

And we can help.

 

Called HMRC recently?

Call queues are becoming a unwelcome feature of communicating with HMRC. In a recent post on the GOV.UK newsfeed a new strategy is emerging. As you would expect, it steers taxpayers towards their online accounts or other information posted online by HMRC. We may be heading for a completely impersonal approach to handle communications between taxpayers and HMRC.

In their post, HMRC said:

“Nobody enjoys having to wait on hold on the phone just to resolve a simple query – and those completing Self-Assessment tax returns no longer need to, with more help and advice than ever before available online.

“But many people, unaware of the extent of online support now out there, are still calling instead, often with questions that could be answered via GOV.UK.

“Releasing details of the top 5 reasons people call the helpline, HM Revenue and Customs (HMRC) is encouraging everyone to check online when seeking help about their tax return, to get a much quicker and easier result.

“HMRC received more than 5.5 million calls to the Self-Assessment helpline last year, with 1.2 million calls in the 8 weeks leading up to the 31 January deadline. Around a third of these calls were routine or simple enquiries.

“The most common calls to the Self-Assessment helpline, which can be checked online are:

  1. Do I need to fill in a tax return?
  2. How do I fill in my online tax return?
  3. How do I check how much tax I owe?
  4. Where’s my Self-Assessment tax refund?
  5. What happens if I can’t pay my tax bill?

“Using HMRC’s online services means customers can access the information they need to resolve all of these questions quickly and easily – day or night – without the need to call HMRC.”

Let’s hope that this drive to push taxpayers towards online facilities does not disenfranchise those who have no access to the internet or who are not tech-savvy. But we may be transitioning towards a society where information – and solutions to problems – can only be solved by searching online data or by interacting with AI systems.