Chapter 13 - Administration of tax

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38 Terms

1
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Individuals are required to file a self-assessment return if they have

  • self employment income >£1000

  • other untaxed income ≥ £2500

  • claims for tax relief for employment expenses ≥ £2500

  • income from savings or investments >£10000 (below this level HMRC will seek to collect tax through PAYE)

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Any taxpayer with liability to income tax or capital gains tax must notify chargeability before

  • 5th October following end of tax year

3
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Who files a short tax return

  • Non-directors (employees)

  • pensioners

  • sole traders with turnover <£90,000

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Who files a full tax return

  • Taxpayer may choose to continue to submit a full tax return (voluntary)

  • Not a requirement unless HMRC require

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Time within which HMRC can amend a taxpayers’ return for obvious errors

  • 9 months of the actual filing date

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Time within which the taxpayer can amend their return for obvious errors is the later of

  • 31/01 after end of tax year

  • 3 months after return was issued

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Usual deadline (paper return)

  • 31 October 2025

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Deadline for paper returns issued after 31st July

  • 3 months extension from issue of return

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Deadline for online returns

  • deadline for filing tax return is 31st January of following calendar year

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When a return may be amended

  • within 12 months of when return should have been filed

  • i.e. a return relating to 2023/24 should be filed by 31st January 2025, amendment myst be made by 31st January 2026

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When is capital gains tax paid

  • 31st January 2026

  • paid along with tax return

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Class 4 NIC and income

  • made with POA and balancing payments

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1st payment on account is paid

  • on the 31st January in tax year

  • 2024/25 - 31st January 2025

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2nd payment on account is paid

  • on 31st July (6 months later)

  • 2024/25 - 31st July 2025

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Balancing payment is paid

  • 31st January 2026

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How payment on account is calculated?

  • half of income tax and class 4 NIC paid under self assessment for the previous year (i.e. not paid at source)

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Unpaid tax due can be collected if the paper return is filed by

  • 31st October after tax year

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Unpaid tax due can be collected from employees if online return is filed by

  • 30th December

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What happens to late POAs and balancing payment

  • Subject to interest from due date to day before payment

    • Balancing payment - potentially liable to penalty

    • Where BP is paid >30 days late - 5% penalty + interest

    • Where BP is paid >6 months late - further 5% penalty + interest

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Tax liability is the sum of

  • Both POAs + balancing payment

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Interest on late paid tax

Payable on any late paid tax

  • late balancing payments

  • late POAs

  • penalties

  • surcharges

Runs from due date of payment to day payment is made

22
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Interest on overpaid tax

  • repayment interest is payable by HMRC on overpaid POAs, balancing payments and penalties

  • Runs from original date (or due date if later) of payment to day before payment is made

  • Repayment interest is exempt from income tax

23
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Company must notify HMRC of chargeability

  • within 3 months of start of their 1st accounting period

  • must notify HMRC that it has taxable profits within 12 months of an end of an accounting period

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Within how many months can a company amend their return

  • 12 months of normal due date

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When a CT600 (full corporation tax return) must be submitted

  • within 12 months of end of period of account

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When can a company make claims for overpayment (overpaid corporation tax)relief

  • within 4 years of the end of the accounting period

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Corporation tax dates (Standard)

  • Threshold - Augmented profits ≤ £1.5m

  • Payment dates - 9 months and 1 day after end of accounting period

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Corporation tax dates (Large companies)

  • Threshold - £1.5m < Augmented profits ≤ £20m

  • Payment dates - 14th of months 7,10,13,16 of the accounting period (quarterly)

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Corporation tax dates (very large companies)

  • Threshold - Augmented profits > £20m

  • Payment dates - 14th of months 3,6,9,12 of the accounting period

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Corporation Tax - interest

  • runs from the date the tax should’ve been paid until its actually paid

  • is an allowable in NTLR

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Corporation tax - repayment interest

  • on overpaid corporation tax runs from the later of the date the tax was originally paid and the date the tax was due to be paid

  • is a taxable NTLR credit

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FPS (Full Payment Submission) is submitted

  • on or before payday

  • employer must pay their PAYE and NICs liabilities normally electronically by 22nd of the month following payroll month

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P11D

  • End of year form details benefits to employees which haven’t been dealt with via voluntary payrolling

    • Send to HMRC and copy to employee by 6th July after tax year has concluded

    • i.e. P11D for 2024/25 - would need to be submitted by 6th July 2025 (after 5th April 2025)

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P60

  • End of year form recording details of gross pay, tax deducted and NICs for both employer and employee

    • Supply to each employee by 31st May after tax year has concluded

    • i.e. P60 for 2024/25 - would need to supply by 31st May 2025 (after 5th April 2025)

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P45

  • Particulars of employee leaving - records tax code, gross pay to date, tax and NICs deducted

    • given to employees for his own records

    • leavers information is supplied to HMRC until RTI

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Late submission of P11D return

  • An extra £300 penalty per late return - plus £60 per day if delay continues

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Late submission of FPS forms

  • Additional 5% penalty on tax and NIC that should’ve been reported

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VAT return is due

  • 1 month and 7 days after end of return period