E News October 2014

In this month’s enews we include an update for employers on payroll penalties and NMW increases and guidance on the introduction of the VAT Mini One Stop Shop for digital services.  We also include articles on mis-sold interest rate hedging products, guidance on Gift Aid and free admission, an update on the broadband voucher scheme and HMRC’s latest phishing scam.

We have amended the timing of enews following a review of the product. Enews will be published towards the beginning of the month, rather than at the end of the month.  So please watch out for the next issue early in November.

Please do get in touch if you would like any further guidance on any of the areas covered.

RTI penalties for small employers delayed

HMRC have confirmed that employers with fewer than 50 employees will face automated in-year penalties for late real-time PAYE returns from 6 March 2015 which is later than had originally been anticipated. Those who employ 50 or more people will face penalties from 6 October 2014. HMRC will send electronic messages to all employers shortly to let them know when the penalties will apply to them, based on the number of employees shown in the department’s records.

Level of penalties

For the purposes above, an employer who, during a tax month, fails to make a return on or before the filing date will be liable to a penalty as follows:

• 1-9 employees - £100
• 10-49 employees - £200
• 50-249 employees - £300 and
• 250 or more employees - £400.

Ruth Owen, HMRC Director-General for Personal Tax, said:

‘Real Time Information is working well. Our most recent figures show that over 95% of PAYE schemes making payments to individuals are successfully reporting in real time, and 70% say that it is easy to do.’

‘We know from our experience of rolling out of RTI that to ensure a smooth transition for our customers it’s best to introduce changes in stages. This will allow us to update our systems and enhance our guidance and customer support as needed. We know that those who have had most difficulty adjusting to real-time reporting have been small businesses, so this staged approach means they have a little more time to comply with the new arrangements before facing a penalty.’

If you would like any help with payroll matters please do get in touch.

Internet links: Press release  HMRC Helpsheet

VAT for digital businesses and the Mini One Stop Shop

The one-stop VAT service starts from 1 January 2015 for businesses supplying what are collectively known as ‘digital services’ in the EU. The effect of the measures are that a business will not have to account and pay VAT separately in each country where they do business which would otherwise be the case following a change in the place of supply rule.

Digital services essentially means broadcasting, telecoms and e-services including those selling apps, e-books, streaming services (e.g. sports/film/tv/music), dating services and journals, newspapers and magazines that are subscribed to electronically and smartphone games.

Change of place of supply

From 1 January 2015 the place of supply for VAT purposes for a EU business selling digital services will change. Currently, intra-EU supplies of digital services to non-business customers are subject to VAT in the member state where the supplier belongs.

From 1 January 2015 this changes, so that the VAT is due where the customer who receives the service lives or is located. This will ensure that UK consumers of these services will pay UK VAT no matter where the supplier of those services belongs.

In order that UK businesses supplying digital services do not have to register for VAT in every EU member state where they have customers, an optional VAT 'Mini One Stop Shop' (MOSS) online service has been set up by HMRC. Other EU member states will be building their own systems.

Sally Beggs, Deputy Director Indirect Tax, HMRC, said:

‘The VAT MOSS will save digital services suppliers from having to register for VAT in every Member State where they do business, removing a significant administrative burden. Businesses with their main operation or headquarters in the UK will register with HMRC to use the service.’

Businesses will be able to register for VAT MOSS from 20 October 2014. The service will be available to use from 1 January 2015.

If this affects your business and you would like more detailed information or guidance on the matter please do not hesitate to contact us.

Internet links: HMRC MOSS  News story

National Minimum Wage rises

The National Minimum Wage (NMW) is a minimum amount per hour that most workers in the UK are entitled to be paid. NMW rates increases come into effect on 1 October 2014:

• the main rate for workers aged 21 and over increases to £6.50 (currently £6.31)
• the 18-20 rate increases to £5.13 from £5.03
• the 16-17 rate for workers above school leaving age but under 18 increases to 3.79 from £3.72
• the apprentice rate increases from £2.68 to £2.73 per hour.

It is important to note that these rates, which are in force from 1 October 2014, apply to pay reference periods beginning on or after that date.

Penalties

Penalties may be levied on employers where HMRC believe underpayments have occurred and HMRC now have the power to ‘name and shame’ non-compliant employers.

Most workers in the UK over school leaving age are entitled to be paid at least the NMW for details of exceptions see the Acas website.

If you have any queries on the NMW please do get in touch.

Internet link: Acas

Fuel Advisory rates

New company car advisory fuel rates have been published which took effect from 1 September 2014. HMRC’s website states:

‘These rates apply to all journeys on or after 1 September 2014 until further notice. For one month from the date of change, employers may use either the previous or new current rates, as they choose. Employers may therefore make or require supplementary payments if they so wish, but are under no obligation to do either.’

The advisory fuel rates for journeys undertaken on or after 1 September 2014 are:

Engine size	Petrol
1400cc or less	14p
1401cc - 2000cc	16p
Over 2000cc	24p

 

Engine size	LPG
1400cc or less	9p
1401cc - 2000cc	11p
Over 2000cc	16p

 

Engine size	Diesel
1600cc or less	11p
1601cc - 2000cc	13p
Over 2000cc	17p

Please note that not all of the rates have been amended, so care must be taken to apply the correct rate.

Other points to be aware of about the advisory fuel rates:

• Employers do not need a dispensation to use these rates.
• Employees driving employer provided cars are not entitled to use these rates to claim tax relief if employers reimburse them at lower rates. Such claims should be based on the actual costs incurred.
• The advisory rates are not binding where an employer can demonstrate that the cost of business travel in employer provided cars is higher than the guideline mileage rates. The higher cost would need to be agreed with HMRC under a dispensation.

If you would like to discuss your car policy, please contact us.

Internet link: HMRC advisory fuel rates

Autumn Statement date announced and have your say

The government has announced that the Autumn Statement 2014 will take place on 3 December.

The government is seeking views of businesses, charities and members of the public, as to what they would like to see included in the Autumn Statement 2014. To have your say email autumnstatementrepresentations@hmtreasury.gsi.gov.uk

We will keep you informed of announcements.

Internet link: News

Mis-sold interest rate hedging products

Following a review of the way some banks sold Interest Rate Hedging Products (IRHP), some businesses are entitled to redress payments. These redress payments are now starting to be made to those businesses which were affected.

Mis-sold interest hedging products (IRHP)

The Financial Conduct Authority (FCA) has identified failings in the way some banks sold IRHP to businesses taking out business loans, which were intended to offer protection against rising interest rates.

The banks calculate the amount due which can be made up of three elements:

basic redress - represents the difference between the actual payments made and the payments that would have been made without the productcompensatory interest - at 8% per year andconsequential losses - losses suffered due to not having the use of the money.

If you do receive a redress payment please let us have the paperwork so we can review the position. There are certain circumstances where the tax treatment of the payment will be different so please do contact us so we can investigate the position and ensure the correct accounting and tax treatment.

Internet link: HMRC news

Gift Aid and free admission

HMRC have updated their guidance for charities to explain that the terms and conditions attached to a donation that gives a right of admission to property cannot include a right to a full or partial refund of the admission payment.

To read the full HMRC guidance click on the link below.

Internet link: HMRC guidance

UK broadband voucher scheme overhauled

Businesses are being urged to take advantage of a scheme to get faster, cheaper broadband.  The government is overhauling its plans for getting ultra-fast broadband to UK businesses after disappointing take-up of its current scheme.

As reported by the BBC only £7.5m out of a possible £100m has so far been spent, with just 3,000 businesses taking up vouchers.  As reported by the BBC:

‘Initially the government had expressed hope of reaching 200,000 small businesses.

With a March 2015 deadline for the money to be spent, the government is keen to galvanise interest.

Changes aimed at making it easier to get the money include a redesigned website and a more streamlined process of applying for a grant.

Other changes include:

• Qualifying businesses no longer need to fill in an application form but can access the government grant with a call to a pre-approved broadband supplier
• Businesses that already have a different supplier in mind need only to fill in a form to get their quote approved
• Suppliers can also apply to BDUK (the group overseeing the process) with a set of eligible connection costs, cutting the need for businesses to apply at all
• Once a broadband package has been approved, suppliers can market them to eligible businesses with no more need for forms or rubber-stamping.’

As reported by the BBC, Sajid Javid, Secretary of State for Culture, Media and Sport said:

‘This is a golden opportunity for businesses to take advantage of better broadband. The grant takes away the costs of installation, which are normally charged up front or added to monthly charges.’

Internet link: BBC news

Latest fake ‘HMRC’ phishing scam

We are aware that there is a new bogus email which is phishing scam aimed at taxpayers. The email which is supposed to come from HMRC states that the recipient is no longer eligible to receive a tax return and needs to sign up with their current details to get back into the system.

It is possible to check HMRC’s website for security advice and examples of phishing emails. Suspicious emails should be sent to HMRC at phishing@hmrc.gsi.gov.uk

Internet link: ICAEW

Deadline for ‘paper’ self assessment tax returns

For those individuals who have previously submitted ‘paper’ self assessment tax returns the deadline for the 2013/14 return is 31 October 2014. Returns submitted after that date must be submitted electronically or they will incur a minimum penalty of £100. The penalty applies even when there is no tax to pay or the tax is paid on time.

If you would like any help with the completion of your return please do get in touch.

Internet link: HMRC deadlines

Latest labour market employment figures

The Office for National Statistics has announced that  the latest statistics, based on the period May to July 2014, show that employment continued to rise and unemployment continued to fall.

According to the ONS:

‘There were 30.61 million people in work. This was 74,000 more than for February to April 2014, the smallest quarterly increase since April to June 2013.

Comparing May to July 2014 with a year earlier, there were 774,000 more people in work.

The proportion of people aged from 16 to 64 in work (the employment rate), was 73.0%, slightly higher than for February to April 2014 (72.9%) and higher than for a year earlier (71.6%).

There were 2.02 million unemployed people, 146,000 fewer than for February to April 2014 and 468,000 fewer than a year earlier. ‘

Neil Carberry, CBI Director for Employment & Skills, said:

‘The fact that unemployment is lower now than at any time since late 2008 is good news. There is more to do, but it's clear that our growing economy is feeding through to new jobs.

Jobs growth is coming from the private sector, more than making up for public sector job losses, and more young people are finding their feet in our labour market.

With unemployment dropping, and wage settlements in larger firms starting to pick up, we expect to see average earnings growth begin to rise in time.’