Wk1 notes - Intro to UK Tax

Introduction to UK Tax

  • Lecturer: Mrs. Lynette John-Roopnarine FCCA MBA

  • Email: lynette.john-roopnarine@sam.edu.tt

General Information & Guidelines

  • Pass Requirement: 50% in this module leads to ACCA exemption from F6 (Taxation).

  • Preparation: Read materials weekly before class.

  • Study Management:

    • 36 contact hours + 250 self-study hours required.

    • Create study notes using methods like mind maps or the Cornell method.

  • Financial News: Regularly read publications such as The Economist and Financial Times for context.

Lecture Sequence Overview

Weekly Topics

  • Week 1: Introduction to UK tax system (Chapters 1-6).

  • Week 2: Employment income (Benefits-in-kind, Pensions, NIS) (Chapters 7-9).

  • Week 3: Taxation of self-employed individuals (Trading profit adjustments, Capital allowances) (Chapters 10-13).

  • Week 4: Further taxation of self-employed individuals (Trading loss relief, NIS contribution) (Chapters 15-16).

  • Weeks 5 & 6: Capital Gain Tax introduction (Chapters 24-26).

  • Week 7: Computation of capital gains and losses (Allowable expenditures, tax relief) (Chapters 27-29).

  • Week 8: Corporation Tax introduction (Trading profit adjustments, capital and investment allowance) (Chapters 17-21).

  • Week 9: Corporation Tax group relief, associated companies, overseas aspects, VAT (Chapters 22, 23, 30, 34, 35).

  • Week 10: Inheritance tax, exempt transfers, estate valuation (Chapters 32-33).

  • Weeks 11 & 12: Revision period.

Online Textbook Recommendation

  • Title: "Taxation: Incorporating the 2023 Finance Act."

  • Authors: Alan Combs, Ricky Tutin, Nicky Thomas

  • Edition: 42nd Edition (2023/24)

  • Content: Offers illustrative examples of statute and case law; provides end-of-chapter questions for self-learning; covers income tax, corporation tax, capital gains tax, inheritance tax, and value-added tax (VAT).

Overview of UK Taxes

  • Types of Taxes:

    • Direct Taxes: Income tax, capital gains tax, inheritance tax, corporation tax.

    • Indirect Taxes: Value-added tax (VAT), customs duties, excise duties.

Direct Taxes

  • Direct taxes are charged on income, profits, or gains, paid directly to tax authorities, primarily administered by HM Revenue and Customs (HMRC).

  • **Main Direct Taxes: **

    • Income tax (individuals)

    • Capital gains tax (individuals)

    • Inheritance tax (individuals)

    • Corporation tax (companies)

Indirect Taxes

  • Definition: Collected by intermediaries (like retailers) from consumers and then paid to the government.

  • Indirect taxes are also administered by HMRC.

  • Main Indirect Taxes:

    • Value added tax (VAT)

    • Customs duties and excise duties

Sources of Tax Law

  • Types of Law:

    • Statute Law: Acts of Parliament, amended annually by Finance Acts based on Budget proposals; includes statutory instruments.

    • Case Law: Judicial decisions on tax cases act as precedent, assisted by HMRC guidance.

The Tax Year

  • Overview: Taxes apply annually; rates and rules may change yearly.

  • Tax Year for Individuals: Runs from 6 April to 5 April of the following year (e.g., 2024-25: 6 April 2024 - 5 April 2025).

  • Tax Year for Companies: Runs from 1 April to 31 March (e.g., FY 2024: 1 April 2024 - 31 March 2025).

HM Revenue and Customs (HMRC)

  • HMRC consists of civil servants led by the Commissioners for Revenue and Customs.

  • Specialist offices handle pensions, charities, etc., with regional centers managing day-to-day operations.

  • HMRC Officers calculate tax liability and check self-assessments to ensure proper tax payments.

Self Assessment System for Individuals

  • Definition: The system to assess annual income tax and capital gains tax liabilities.

  • Taxpayers complete a return if not fully deducted at source.

  • Notices for tax return submissions are issued in April.

  • Returns can be submitted on paper or electronically, transitioning to digital tax accounts as part of MTD.

Tax Return Filing Dates

  • Paper Returns: Due by 31 October after the tax year.

  • Electronic Returns: Due by 31 January following the tax year.

  • Example: 2024-25 returns must be filed by 31 October 2025 (paper) or 31 January 2026 (electronic).

Due Dates for Payment

  • Payments related to self-assessment typically are as follows:

    • First FY POA: 31 January

    • Second FY POA: 31 July

    • Balancing Payment: 31 January following tax year.

Notification of Chargeability

  • Individuals without a notice but with taxable income must notify HMRC within 6 months of year-end (e.g., for 2024-25, by 5 October 2025).

Record Keeping

  • Taxpayers must retain records to support their tax returns:

    • Businesses/landlords: Keep records for 5 years post 31 January of tax year.

    • Others: Keep records for 1 year post 31 January.

Enquiries and Discovery Assessments

  • HMRC may inquire into tax returns if discrepancies are suspected.

  • Discovery assessments may be raised for underreported income.

Appeals Process

  • Taxpayers can appeal HMRC decisions within 30 days in writing.

  • Most disputes settle via negotiation; unresolved cases can appeal to a tribunal.

Tax Evasion vs. Tax Avoidance

  • Tax Evasion: Illegal concealment of income.

  • Tax Avoidance: Legitimate arrangements to minimize tax liability.

General Anti-Abuse Rule (GAAR)

  • HMRC can adjust tax liabilities to counter abusive tax arrangements that exploit legal loopholes.

  • Taxpayers are notified prior to any adjustments and can appeal the decision.

Rangers FC Case Study

  • Background: Rangers FC used Employee Benefit Trusts from 2001-2010 to avoid tax.

  • Mechanism: Funds paid into EBTs functioned as unrepayable loans rather than taxable salaries.

  • Outcomes: HMRC challenged, deeming the arrangement abusive; Supreme Court sided with HMRC, enforcing tax payment applicable to the EBTs.

Making Tax Digital (MTD)

  • MTD aims to digitize tax returns, transitioning to online accounts pre-filled with HMRC data.

  • Requirements: Taxpayers must use compliant accounting software.

  • MTD began with VAT in April 2019, expanding to income tax from April 2026 for certain income levels.

Lecture 1 Recap

  • Key topics covered:

    • UK taxes, direct and indirect taxes, sources of tax law, specifics of the tax year, functions of HMRC, self-assessment, and updates on tax policies including GAAR and MTD.